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Agenda Packet City Council - 01/31/2017
Corpus Christi 1201 Leopard Street - f' Corpus Christi,TX 78401 i cctexas.com Meeting Agenda - Final-revised City Council Tuesday,January 31,2017 2:00 PM 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 5:30 P.M. ON CITY-RELATED MATTERS THAT ARE NOT SCHEDULED ON THE AGENDA. PUBLIC COMMENT ON AGENDA ACTION ITEMS WILL BE HEARD AT THE TIME THE COUNCIL CONSIDERS THE AGENDA ITEM. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espano/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 Pro Tem Carolyn Vaughn to call the meeting to order. B. Invocation to be given by Pastor Claude Axel, Mount Pilgrim Baptist Church. C. Pledge of Allegiance to the Flag of the United States to be led by Sarah DeLeon Victim Case Manager, Police Department, Family Violence Unit. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 17-0169 Swearing-In Ceremony for Newly Appointed Board, Commission and Committee Members. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER Corpus Christi Page 1 Printed on 1/30/2017 City Council Meeting Agenda-Final-revised January 31,2017 G. MINUTES: 2. 17-0164 Regular Meeting of January 24, 2017. Attachments: Minutes-January 24, 2017 H. BOARD &COMMITTEE APPOINTMENTS: 3. 17-0163 Watershore and Beach Advisory Committee Attachments: Watershore and Beach Advisory Committee.pdf I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed, may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance,or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting,such agendas are incorporated herein for reconsideration and action on any reconsidered item. J. CONSENT AGENDA: (ITEMS 4 - 12) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 4. 17-0011 Service Agreement for Mowing of Storm Water and Street Rights-of-Way Motion authorizing City Manager, or designee, to execute a service agreement with 2Chainz Brush Clearing, LLC of Lolita, Texas, for mowing of storm water and street rights-of-way, in accordance with Request for Bids No. 165, based on the lowest, responsive, responsible bid for a total amount not to exceed $367,772.00, with an estimated expenditure of$245,181.33 in FY2016-2017. The term of this contract will be for 12 months with options to extend for two additional 12-month periods, subject to the mutual consent of the City Manager and the contractor. Attachments: Agenda Memo- Mowing of Storm Water and Right-of-Ways Bid Tabulation- Mowing of Storm Water and Right-of-Ways Service Agreement- Mowing of Storm Water and Right-of-Ways.pdf Form 1295- Mowing of Storm Water and Right-of-Ways.pdf 5. 17-0149 Service Agreement for the purchase of a Gas/Blower Flare for the Corpus Christi Page 2 Printed on 1/30/2017 City Council Meeting Agenda-Final-revised January 31, 2017 Cefe F. Valenzuela Landfill Motion authorizing the City Manager or designee to execute a service agreement with Parnel Biogas. Inc., of Tulsa, Oklahoma, for the purchase of a gas/blower flare in accordance with Request for Bids No.184, based on lowest, responsive and responsible bid for a total amount not to exceed $271,475.64, to be funded by Solid Waste 2017 Certificates of Obligation. The term of the agreement is for 12 months. Attachments: Agenda Memo Landfill Gas Blower Flare Bid Tab - Landfill Gas Flare for Cefe Landfill.pdf Service Agreement Landfill Gas Flare Project vFinal Form 1295 Landfill Gas Blower Flare Presentation - Landfill Gas Extraction System-GCCS and Flare V6.0 (1-19-17) 6. 17-0018 Construction Contract and Professional Services Contract for Cefe F. Valenzuela Landfill Gas Collection and Control System (Capital Improvement Project) Motion authorizing the City Manager, or designee, to execute a construction contract with Tri Con Works, LLC. of Houston, Texas in the amount of$1,019,690 for the Cefe F. Valenzuela Landfill Gas Collection and Control System for the total base bid and to execute a contract for Construction Phase Engineering and Quality Assurance Services with SCS Engineers, Inc. from Austin, Texas in the amount of$268,000 for full-time construction management. (Capital Improvement Project) Attachments: Agenda Memo Cefe Gas Collection Prosect Budget Cefe V Gas Collection System Location Map Cefe Valenzuela Landfill gas Collection Presentation Cefe Gas Collection Contract for Professional Services- E16289 SCS Cefe GCCS Letter of Recomm and bid tab Form 1295 Tri Con Works From 1295 SCS Engineers 7. 17-0019 Engineering Construction Contract and two Materials Testing Agreements for Gollihar Road Improvements from Kostoryz Road to Weber Road (Bond 2014 Proposition 1) Motion authorizing the City Manager, or designee, to execute a construction contract with Haas-Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of$13,534,848.30 for Gollihar Road Improvements from Kostoryz Road to Weber Road for a total base bid and to execute a construction materials testing agreement with Rock Engineering in the amount of$63,725.00 for Gollihar Road from Weber to Carroll Lane and to execute a construction materials testing Corpus Christi Page 3 Printed on 1/30/2017 City Council Meeting Agenda-Final-revised January 31, 2017 agreement with Rock Engineering in the amount of$59,359.00 for Gollihar Road from Carroll to Kostoryz. (BOND 2014 Proposition 1) Attachments: Agenda Memo Gollihar Road Prosect Budget Gollihar Location Map Gollihar Road Rock Weber to Carroll Rock Carroll to Kostoryz form 1295 Haas Form 1295 Rock E13088 Form 1295 Rock E13089 Presentation -Gollihar Road 8. 17-0020 Engineering Construction Contract for Street Preventative Maintenance Program (SPMP) FY 2017 - Street Overlays Motion authorizing the City Manager, or designee, to execute a construction contract with Bay, LTD. of Corpus Christi, Texas in the amount of$9,421,462.50 for the total base bid and two (2) one-year renewal options for the Street Preventative Maintenance Program (SPMP) street overlays and to execute two construction materials testing agreement with Rock Engineering for Part 1 - West in the amount of$74,965.00 and for Part 2 - East in the amount of$74,965.00 for SPMP street overlays. Attachments: Agenda Memo SPMP Prosect Budget SPMP Year 4 with formulas Location Map SPMP FY 2017 Overlays Presentation -SPMP Letter of Recomm BAY Form 1295 Bay CMT for West CMT for East Form 1295 Rock West Form 1295 East 9. 17-0108 Resolution supporting the introduction of Legislation authorizing a motor fuel tax on a local option basis for Residential Street Funding Resolution of the City of Corpus Christi, Texas supporting the introduction of Legislation authorizing a motor fuel tax on a local option basis for Residential Street Funding. Attachments: Agenda Memo- Local Option Gas Tax Corpus Christi Page 4 Printed on 1/30/2017 City Council Meeting Agenda-Final-revised January 31, 2017 Resolution -85th Session Local option motor fuels tax 10. 17-0090 Second Reading Ordinance - Transferring and appropriating matching funds for the Retired Senior Volunteer Program (RSVP) and the Senior Companion Program (SCP) Grants (1st Reading 1/24/17) Ordinance transferring $79,173 from the No. 1020 General Fund to and appropriating in the No. 1067 Parks and Recreation Grant Fund as matching grant funds for the Retired Senior Volunteer Program (RSVP) and transferring $76,903 from the No. 1020 General Fund to and appropriating in the No. 1067 Parks and Recreation Grant Fund as matching grant funds for the Senior Companion Program (SCP); amending Ordinance No. 030818 to authorize the transfer of matching grant funds for the RSVP and SCP programs budgeted in the No. 1020 General fund to and appropriate them in the No. 1067 Parks and Recreation Grant Fund for said programs. Attachments: Agenda Memo- RSVP and SCP FY17 General Fund Grant Match Ordinance - RSVP and SCP FY17 General Fund Grant Match 11. 17-0109 Second Reading Ordinance -Accepting and approriating funds in the Community Enrichment fund for park improvements (1st Reading 1/24/17) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $318,198.30 in developer contributions, other donations and interest earnings in the 4720 Community Enrichment Fund for park improvements and other related projects as described on the attached and incorporated Exhibit A. Attachments: Agenda Memo-Community Enrichment Fund Appropriation Ordinance - Community Enrichment Fund Appropriation Attachment A-Community Enrichment Fund Appropriation Presentation on Community Enrichment Funds 12. 17-0114 Second Reading Ordinance - Short-term Lease Agreement for Buccaneer Commission (1st Reading 1/24/17) Ordinance authorizing the City Manager or designee to execute a short-term lease agreement with Buccaneer Commission for the use of Tex Mex Railroad Depot located at 1800 block of Chaparral Street, in consideration of rental payments of$600 per month, not to exceed six months. Attachments: Agenda Memo-Buc Days Short-Term Lease for Tex Mex Railroad Ordinance-Short-Term Lease with Buccaneer Commission Corpus Christi Page 5 Printed on 1/30/2017 City Council Meeting Agenda-Final-revised January 31, 2017 Short-Term Lease with Buccaneer Commission Buc Days Lease Exhibit A K. PUBLIC HEARINGS: (ITEMS 13 - 16) 13. 16-1432 Public Hearing and First Reading Ordinance -Continuing the curfew for minors Ordinance continuing the curfew ordinances for minors in the Corpus Christi Code of Ordinance, Sections 33-40, 33-41, 33-42, and 33-43. Attachments: Agenda Memo-Juvenile Curfew Ordinance 01.24.2017 Ordinance -Juenile Curfew Continuation 2017- Police Presentation -Curfew Ordinance 01.31.2017 14. 17-0040 Public Hearing and First Reading Ordinance - Rezoning property located at 4222 Airline Road Case No. 1216-01 AEL Development LLC: A change of zoning from the "RE" Residential Estate District and "FR" Farm Rural District to the "RS-6" Single-Family Residential District. The property is described as a 1.994 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tract, Section 25, Lots 15 and 16 and a 22.651 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tract, Section 25, Lots 15 and 16, located on the northeast corner of Yorktown Boulevard and Airline Road. Planning Commission and Staff Recommendation (December 14, 2016): Approval of the change of zoning from the "RE" Residential Estate District and "FR" Farm Rural District to the "RS-6" Single-Family Residential District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by AEL Development LLC ("Owner"), by changing the UDC Zoning Map in reference to 1.994 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tract, Section 25, Lots 15 and 16 and a 22.651 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tract, Section 25, Lots 15 and 16., from the "RE" Residential Estate District and "FR" Farm Rural District to the "RS-6" Single-Family Residential District; amending Plan CC to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- 1216-01 AEL Development w Att Ordinance - 1216-01 Ael Development Aerial Maps- 1216-01 AEL Development Zoning Report- 1216-01 AEL Development w Att Corpus Christi Page 6 Printed on 1/30/2017 City Council Meeting Agenda-Final-revised January 31,2017 15. 17-0049 Public Hearing and First Reading Ordinance -Rezoning for property located at 5333 and 5337 South Staples Street. Case No. 1116-02 Lu Keiu Thi: A change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. The property to be rezoned is described as Gardendale No. 2, Block 4, Lots 20-B and 21, located on the northwest corner of South Staples Street and Curtis Clark Drive. Planning Commission and Staff Recommendation (November 16, 2016): Approval of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Lu Keiu Thi ("Owner"), by changing the UDC Zoning Map in reference to Gardendale No. 2, Block 4, Lots 20-B and 21; from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial; amending Plan CC to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- 1116-02 Lu Keiu Thi rev Ordinance- 1116-02 Lu Keiu Thi rev Aerial Maps- 1116-02 Lu Keiu Thi Zoning Report- 1116-02 Lu Keiu Thi 16. 17-0096 Public Hearing and First Reading Ordinance -Amending the Code of Ordinances by revising Chapter 14 Development Services Article II City of Corpus Christi Technical Construction Codes and Chapter 55, Utilities Ordinance amending Section 14-281, 14-231, 14-291, and 55-37 of the City's Code of Ordinances to amend the City's adopted International Plumbing, Building and Residential Codes, authorize the City to inspect, install, repair, and replace backflow assemblies and place the cost of said work on customer utility bills, amend other requirements related to the provision of water to reduce the chance of contamination of the City's water supply, and providing for penalties, publication, severance, and an effective date. Attachments: Agenda Memo- Backflow Ordinance Ordinance-City Conducted Backflow testing and repair-Jan 31 Meeting Presentation- Backflow Recommendations L. REGULAR AGENDA: (ITEMS 17 -20) Corpus Christi Page 7 Printed on 1/30/2017 City Council Meeting Agenda-Final-revised January 31, 2017 The following items are motions, resolutions and ordinances that will be considered and voted on individually. 17. 17-0115 Second Reading Ordinance - Five Year Lease Agreement for Buccaneer Commission (1st Reading 1/24/17) Ordinance authorizing the City Manager or designee to execute a five- year lease agreement with Buccaneer Commission for the use of Tex Mex Railroad Depot located at 1800 block of Chaparral Street, in consideration of rental payments of$600 per month increasing to $750 per month in third year and $900 per month in fourth year; and providing for options to extend for up to two additional five-year terms with rental rates to be increased each five-year term by ten percent; and providing for publication. Attachments: Agenda Memo- Buc Days Lease for Tex Mex Railroad Ordinance Multi-term Lease with Buccaneer Commission Ordinance v2 Multi-term Lease with Buccaneer Commission Buc Days Lease Long Term Lease Buc Days Lease Exhibit A 18. 17-0050 Second Reading Ordinance to adopt the proposed Mustang/Padre Area Development Plan (1st Reading 1/24/17) Ordinance amending the Comprehensive Plan of the City of Corpus Christi by adopting the Mustang/Padre Island Area Development Plan; defining the City's Comprehensive Plan policies on Mustang and Padre Island for protection of the environment, land use, transportation, economic development, public services, capital improvements, and plan implementation; rescinding the Mustang/Padre Island Area Development Plan adopted by City Council Ordinance #025725, April 20, 2004; providing for severance; and providing for publication. Attachments: Agenda Memo MustangPadre ADP Ordinance - Mustang-Padre Islande Master Plan with Exhibits rev Presentation - MustangPadre ADP 19. 16-1385 Second Reading Ordinance -Amending the Ethics Code as recommended by the Ethics Commission (1st Reading 1/10/17) Ordinance amending the City Code of Ethics by revising sections to expand conflict of interest prohibitions; to prohibit disclosure or use of confidential information; to prohibit City Councilmember from participating in appointment of a person who contributed $2700 or more to the Councilmember's campaign; to prohibit registration as a lobbyist within 2 years of leaving City service; to provide clarification of Ethics Commission review of Financial Disclosure Reports; providing for severance and providing for publication. Corpus Christi Page 8 Printed on 1/30/2017 City Council Meeting Agenda-Final-revised January 31, 2017 Attachments: Revised Agenda Memo-January 25 2017 Revised Ordinance with possible alternate language -January 31 2017 Ethics C Presentation -Code of Ethics Recommendations from the Ethics Commission 20. 16-1437 Resolution approving Service Agreements for Wrecker Services for City-Owned Vehicles and Equipment Resolution finding the lowest, responsive, responsible bidder for wrecker services for City-owned vehicles and equipment by group in response to Request for Bids No. 167; awarding a one-year service agreement, with two one-year renewal options, to the lowest responsible bidder per group; and authorizing the City Manager or designee to execute the service agreements. Momento Towing, LLC DDR& RS, Inc. dba Apollo Towing Service Corpus Christi, Texas Corpus Christi, Texas Group 1 Group 2 $101,775.50 $47,325.00 Grand Total: $149,100.50 Attachments: Agenda Memo-Wrecker Services Informal Staff Report-Wrecker Services Bid Tabulation-Wrecker Services Resolution -Wrecker Services Service Agreement - Apollo Towing Services Form 1295-Wrecker Services-Apollo Towing Service.pdf Service Agreement - Momento Wrecker Services Form 1295-Wrecker Services-Momento Towing LLC.pdf M. FIRST READING ORDINANCES: (ITEMS 21 -22) 21. 17-0061 First Reading Ordinance -Accepting and appropriating a donation for the purchase and Installation of Playground Equipment for Bayshore Park Ordinance accepting and appropriating a $150,000 donation from HEB Tournament of Champions Charitable Trust in the No. 4720 Community Enrichment Fund in trust for Bayshore Park playground equipment; and authorizing the City Manager or designee to execute all documents necessary to purchase and install playground equipment from Exerplay, Inc. of Cedar Crest, New Mexico, at Bayshore Park in an amount not to exceed $144,672.80, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard. Attachments: Agenda Memo- Playground Equip and Install at Bayshore Park Corpus Christi Page 9 Printed on 1/30/2017 City Council Meeting Agenda-Final-revised January 31, 2017 Ordinance - Accepting Donation Park Equipment vFinal 20170116 Price Sheet- Playground Equip and Installation at Bayshore Park.xlsx Service Agreement- Playground Equip and Install for Bayshore Park.pdf Form 1295-Playground Equip and Install for Bayshore Park.pdf 22. 17-0122 First Reading Ordinance - Accepting and appropriating increased grant funds for the Tuberculosis Prevention and Control-Federal grant (TB/PC-FED) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Tuberculosis Prevention and Control-Federal (TB/PC-FED) grant in the amount of$48,345.00, increasing the total amount to $96,690.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund with a City match of$9,696.00, increasing the total match amount to $19,338.00, to provide tuberculosis prevention and control services for the amended contract period January 1, 2017, through December 31, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin January 1, 2017. Attachments: Agenda Memo-TB Fed. Grant Contract(1-1-2017 to 1-1-2018)(x)1-20-2017 Ordinance -Amending TB FED Grant(1-1-2017 to 1-1-2018)(x)1-17-2017 Contract-TB-FED Grant No. 2016-002508-01 (1-1-2017 to 1-1-2018) PEND. C N. FUTURE AGENDA ITEMS: (ITEMS 23 - 30) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 23. 17-0112 Resolution Approving submission of a grant application for funding available under the Violence Against Women Act (VAWA) Resolution authorizing the submission of a grant application in the amount of$47,532.77 to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) fund for the Police Department's Family Violence Unit with a city match of$17,314.58, an in-kind match of$8,280, for a total project cost of $73,127.35; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Attachments: Agenda Memo-VAWA application 01.31.2017 Resolution -VAWA 2017 24. 17-0113 Resolution authorizing the submission of a grant application for funding available under the Victims of Crime Act (VOCA) fund for the Victim Outreach Program Corpus Christi Page 10 Printed on 1/30/2017 City Council Meeting Agenda-Final-revised January 31, 2017 Resolution authorizing the submission of a grant application in the amount of$281,860.18 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit to continue the Victim Outreach Program with a city match of$60,865.04 and $9,600 in-kind services, for a total project cost of$352,325.22; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Attachments: Agenda memo VOCA 01.31.2017 Resolution -VOCA GRANT 2017 25. 17-0087 Approving the Purchase of Police Uniforms Motion approving the purchase of police uniforms from Galls, LLC, formerly Lone Star Uniforms, of Houston, Texas, for a total amount of $70,150.00, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. Funds have been approved for FY2016-2017. Attachments: Agenda Memo- Police Uniforms Price Sheet- Police Uniforms.xlsx Form 1295-Police Uniforms 26. 17-0092 Service Agreement for Custodial Services at the Police Department Motion authorizing City Manager, or designee, to execute a service agreement with ABM Janitorial Service-South Central, Inc., of San Antonio, Texas for custodial services for the Corpus Christi Police Department, in accordance with Request for Bid No. 170, based on the lowest, responsive, responsible bid for a total amount not to exceed $93,000, with an estimated expenditure of$54,250 in FY 2016-2017. The term of this contract will be for 12 months with options to extend for two additional 12-month periods at the sole discretion of the City. Attachments: Agenda Memo-Custodial Services Bid Tabulation -Custodial Services.xlsx Service Agreement-Custodial Services Form 1295-Custodial Services.pdf 27. 17-0075 Purchase and Installation of Scale Replacement at J.C. Elliott Transfer Station Motion authorizing City Manager, or designee, to execute a service agreement with Brian Baldwin dba Baldwin Scale Co., of Corpus Christi, Texas, for the purchase and installation of a scale, in accordance with Request for Bids No.174, based on lowest, responsive and responsible bid for a total not to exceed $56,750, which is funded in FY2016-2017. Attachments: Agenda Memo Scale Replacement at JC Elliott Corpus Christi Page 11 Printed on 1/30/2017 City Council Meeting Agenda-Final-revised January 31, 2017 Bid Tab-Scale Replacement at JC Elliott Transfer Station.pdf Service Agreement-Scale Replacement at JC Elliott Transfer Station Form 1295 Scale Replacement at JC Elliott Transfer Station 28. 17-0084 Service Agreement for Servicing of Scales at Landfills Cefe Valenzuela and J.C. Elliott Motion authorizing City Manager, or designee, to execute a service agreement with A-1 Scale Services, Inc., of San Antonio, Texas, for the servicing of six scales, in accordance with Request for Bid No. 148, based on the lowest, responsive and responsible bid for a total amount not to exceed $29,300.00 of which $19,533.33 has been budgeted in the General Fund for FY2016-2017. The term of this contract will be for one year with option to extend for two additional one-year periods, at the sole discretion of the City. Attachments: Agenda Memo Servicing of Scales Landfills Bid Tab-Servicing of Scales at Cefe Valenzuela and JC Elliott Landfills Service Agreement-Servicing of Scales at Cefe Valenzuela and JC Elliott Land Form 1295 Servicing of Scales Landfill 29. 17-0101 Lease Purchase of Refuse and Recycle Containers (Carts) Motion authorizing City Manager, or designee, to lease-purchase from Cascade Engineering, Inc., of Grand Rapids, Michigan, 9,440 96-gallon refuse containers and 1,870 96-gallon recycle containers for a total amount of$569,409.99, with an estimated expenditure of$66,431.05 in FY2016-17. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council of Government (H-GAC). The containers will be used in the City's automated collection program. Lease-Purchase Price $534,736.80 Interest $34,673.19 Total $569,409.99 Attachments: Agenda Memo- Leased Purchase of Refuse and Recycle Containers Carts Price Sheet- Leased-Purchase of Refuse and Recycle Carts Form 1295-Leased Purchase of Refuse and Recyle Containers 30. 17-0102 Service Agreement for Electrical Services for Cefe Valenzuela Landfill and J.C. Elliott Transfer Station Motion authorizing City Manager, or designee, to execute a service agreement with Scott Electric Co., of Corpus Christi, Texas, for electrical services in accordance with Request for Bid No. 175 based on the lowest, responsive, responsible bid for a total amount not to exceed Corpus Christi Page 12 Printed on 1/30/2017 City Council Meeting Agenda-Final-revised January 31, 2017 $33,600, with an estimated expenditure of$19,600 in FY2016-17. The term of this agreement is for 12 months with option to extend for up to three additional 12-month period at the sole discretion of the City. Attachments: Agenda Memo- Electrical Services for Cefe Valenzu and Elliott Bid Tab- Electrical Services for the Cefe Valenzuela and JC Elliott Landfills.pdf Service Agreement- Electrical Services for Cefe Valenzuela and JC Elliott Land Form 1295-Electrical Services for Cefe Valenzula and Elliott O. BRIEFINGS: (ITEMS 31 - 33) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. 31. 17-0074 CCREDC Quarterly Update to City Council (Q1 2017) Attachments: Agenda Memo-CCREDC Presentation -CCREDC January 2017 32. 16-1442 Overview of Type B Fund Attachments: Agenda Memo-Type B Overview Presentation -Type B Overview Jan 2017 012417 33. 17-0121 Affordable Housing Plan Attachments: Agenda Memo-Affordable Housing Plan Presentation -Affordable Housing Plan Affordable Housing Plan 2016 P. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 5:30 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. This Public Comment period is for items that are NOT on the Agenda. 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. Any electronic media (e.g. CD, DVD, flash drive)that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Corpus Christi Page 13 Printed on 1/30/2017 City Council Meeting Agenda-Final-revised January 31, 2017 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. Q. EXECUTIVE SESSION: (ITEMS 34 - 36) 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. 34. 17-0170 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 annexation, the provision of utility services in newly annexed areas, municipal authority in the City's extraterritorial jurisdiction, and wind farms, and other legal matters related to the annexation and provision of municipal services in areas annexed by the City in 2014. 35. 17-0171 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 pending and potential employment law litigation against the City, the Health District, and/or the officers and employees of said entity(ies), including potential approval of settlement(s), authorization of employment of attorneys and experts, and other actions related to said litigation. 36. 17-0174 Executive session pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of Municipal Court Judges. Corpus Christi Page 14 Printed on 1/30/2017 City Council Meeting Agenda-Final-revised January 31,2017 R. ADJOURNMENT Corpus Christi Page 15 Printed on 1/30/2017 CorCorpus Christi 1201 Leopard Street F' Corpus Christi,TX 78401 r& cctexas.com Meeting Minutes City Council Tuesday,January 24,2017 2:00 PM 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 5:30 P.M. ON CITY-RELATED MATTERS THAT ARE NOT SCHEDULED ON THE AGENDA. PUBLIC COMMENT ON AGENDA ACTION ITEMS WILL BE HEARD AT THE TIME THE COUNCIL CONSIDERS THE AGENDA ITEM. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive)that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. A. Mayor Dan McQueen to call the meeting to order. Mayor Pro Tem Vaughn called the meeting to order. B. Invocation to be given by Mrs. Dorothy Dundas, Texas Apostolic Prayer Network. Mrs. Dorothy Dundas gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Commander Kelly Isaacks, Corpus Christi Police Department. Police Commander Kelly Isaacks 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 Officer: City Manager Margie C. Rose, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Corpus Christi Page 1 Printed on 1/27/2017 City Council Meeting Minutes January 24, 2017 Present: 8- Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Michael Hunter,Council Member Joe McComb,Council Member Ben Molina,Council Member Lucy Rubio,Council Member Greg Smith, and Council Member Carolyn Vaughn Absent: 1 - Mayor Dan McQueen E. Proclamations /Commendations 1. Swearing-In Ceremony for Newly Appointed Board, Commission and Committee Members. Mayor Pro Tem Vaughn conducted the swearing-in ceremony for newly appointed board, commission, and committee members. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Pro Tem Vaughn referred to City Manager's Comments. City Manager Margie C. Rose reported on the following topics: a. OTHER 1)A public meeting regarding the Gollihar Road project will be held Wednesday,January 25, 2017 from 5:30 p.m.to 7:00 p.m. at the Lindale Senior Center, located at 3135 Swantner. The consultants, design engineers, and staff will provide the project description,time schedule and will be available to answer questions. The Gollihar Road project is a full depth reconstruction of the existing road approved by the voters as part of Bond 2014.2) City Manager Rose announced that the first"Conversations with the City Manager"will be held on January 30, 2017 at 6:00 p.m. at the Northwest Senior Center. G. MINUTES: 2. Regular Meeting of January 17, 2017. Mayor Pro Tem Vaughn referred to approval of the minutes. Council Member Guajardo made a motion to approve the minutes,seconded by Council Member Hunter and passed unanimously. R. EXECUTIVE SESSION: (ITEM 36) 36. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to Article II of the City Charter, elections, resignation, Mayoral & City Council succession, and other matters of state law, ordinances, and City Council policies and procedures. Mayor Pro Tem Vaughn deviated from the agenda and referred to executive session Item 36. The Council went into executive session at 2:13 p.m. The Council returned from executive session at 3:16 p.m. Corpus Christi Page 2 Printed on 1/27/2017 City Council Meeting Minutes January 24, 2017 H. SPECIAL CONSIDERATION ITEM: 3. Resignation of Mayor Discussion and consideration of Mayor Dan McQueen's resignation. Mayor Pro Tem Vaughn referred to Item 3. Mayor Pro Tem Vaughn read a statement informing the citizens of Corpus Christi of the City Council's intention to work hard at addressing the needs of the City and to continue to move the City forward. City Attorney Miles K. Risley provided a legal interpretation of the provisions in the City Charter related to a vacancy in the office of mayor and vacancies in the office of a council member. City Attorney Risley presented a resolution recommending the following: acceptance of the resignation of Dan McQueen; a special election must be called to elect a new mayor for the remainder of the unexpired term; and the Mayor Pro Tem shall act as Mayor until such time as the newly elected Mayor takes office upon the special election to be held on May 6, 2017. Mayor Pro Tem Vaughn called for comments from the public. Abel Alonzo, 1701 Thames,thanked the City Council for their transparency restoring trust and confidence to the public; and representing the best interest of the City. Rick Milby,4412 High Ridge Drive, spoke regarding the following language in the City Charter: the at large council member with the highest number of votes shall immediately become the Mayor;the City Council should then immediately fill the vacant position of the at large member; and the City Council being the judge of the election and qualification of its own members. Susie Luna Saldana,4710 Hakel,spoke regarding the cost of an election; Legal's interpretation of the City Charter; and Council Member McComb filling the position of Mayor. Sherry Sells, 5014 Wingfoot, spoke regarding legal interpretations and asked the City Council to make a decision that is beneficial for the City. Ray Madrigal,4253 Dody, spoke regarding the special election for the office of mayor. Council Member Rubio made a motion to approve the Resolution of the Corpus Christi City Council accepting the resignation of Mayor Dan McQueen and regarding Mayor Pro Tem Service and Duties,seconded by Council Member Guajardo. This Resolution was passed and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Absent: 1 - Mayor McQueen Abstained: 0 Enactment No: 031044 I. BOARD &COMMITTEE APPOINTMENTS: 4. Animal Care Advisory Committee Corpus Christi Page 3 Printed on 1/27/2017 City Council Meeting Minutes January 24, 2017 City Council's Youth Advisory Committee Corpus Christi Aquifer Storage and Recovery Conservation District Library Board Mayor Pro Tem Vaughn referred to board and committee appointments. The following appointments were made: Animal Care Advisory Committee Council Member McComb nominated Sharon Ray. Council Member Molina nominated Linda A. Gibeaut. Linda A. Gibeaut was appointed with Council Members Hunter, Molina, Rubio,Vaughn, and Garza voting for Linda A. Gibeaut and Council Members McComb, Guajardo, and Smith voting for Sharon Ray. City Council's Youth Advisory Committee Council Member Rubio made a motion to appoint Hannah Mayo(Primary-Mary Carroll High School), Hector Piris (Primary-Collegiate High School),Jailene Robledo(Alternate-Collegiate High School), Noah Earley(Primary-Flour Bluff High School), Marina Langford (Alternate-Flour Bluff High School),Amille Bottom (Primary-Incarnate Word Academy),Ashley Montgomery(Alternate - Incarnate Word Academy), Christian McAllister(Primary-John Paul II High School), Christina Okoniewski (Alternate-John Paul II High School),Akash Maheshwari (Primary-King High School), Mark Infante(Alternate -King High School),Justine Wade(Primary-Miller High School), Felipe Alvarez(Alternate - Miller High School), Monique Martinez(Primary-Moody High School), Kim Cornejo (Alternate-Moody High School), Katie Gasiorowski (Primary-Ray High School), Tyler Johnson (Alternate -Ray High School),Jaime Castillo (Primary-Tuloso-Midway High School),Jaclyn Cavazos (Alternate - Tuloso-Midway High School), Creighton Avery(Primary-West Oso High School), and Myranda Flores (Alternate -West Oso High School),seconded by Council Member Guajardo and passed unanimously. Corpus Christi Aquifer Storage and Recovery Conservation District Council Member Smith made a motion to confirm the following officers: Dan McGinn (Vice-President), Fred Segundo(President), and Tom Tagliabue (Secretary), seconded by Council Member Molina and passed unanimously. Library Board Council Member Molina made a motion to reappoint Alice Nixon (La Retama Club)and Harris M.Worchel (At-Large),seconded by Council Member Rubio and passed unanimously. Mayor Pro Tem Vaughn made a motion to realign Harris M.Worchel from At-Large to Friends of the Libraries Board,seconded by Council Member Hunter and passed unanimously. Council Member McComb made a motion to appoint Tom Krepel (At-Large) and Corpus Christi Page 4 Printed on 1/27/2017 City Council Meeting Minutes January 24, 2017 Janis G.Wood (At-Large),seconded by Council Member Hunter and passed unanimously. J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 5 - 17) Approval of the Consent Agenda Mayor Pro Tem Vaughn referred to the Consent Agenda. A citizen requested that Items 13 and 14 be pulled for individual consideration.A council member requested that Item 9 be pulled for individual consideration. A motion was made by Council Member Garza, seconded by Council Member Rubio, to approve the Consent Agenda. The consent agenda items were passed and approved by one vote as follows: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Absent: 1 - Mayor McQueen Abstained: 0 5. Appointing Financial Advisor for Solid Waste Certificates of Obligation Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Taxable Series 2017B in an amount not to exceed $2,500,000. This Motion was passed on the Consent Agenda. Enactment No: M2017-007 6. Resolution approving publication of Notice of Intention to Issue Certificates of Obligation Resolution by the City Council of the City of Corpus Christi, Texas, authorizing and approving publication of Notice of Intention to issue Certificates of Obligation; complying with the requirements contained in Securities and Exchange Commission Rule 15c2-12; and providing an effective date. This Resolution was passed on the Consent Agenda. Enactment No: 031045 7. Reimbursement Resolution for Certificates of Obligation Corpus Christi Page 5 Printed on 1/27/2017 City Council Meeting Minutes January 24, 2017 Resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds from the proceeds one or more series of tax-exempt or taxable obligations to be issued by the City in an aggregate amount not to exceed $9,650,000 for authorized purposes relating to constructing various City improvements; authorizing matters incident and related thereto; and providing an effective date. This Resolution was passed on the Consent Agenda. Enactment No: 031046 8. Resolution approving a Homebuyer Assistance Program agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi. Resolution approving an agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi for Type A Affordable Housing Program - Homebuyer Assistance Program in the amount of$107,500; and authorizing the City Manager or designee to execute said agreement. This Resolution was passed on the Consent Agenda. Enactment No: 031047 10. Engineering Construction Contract for City-Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ) Program (Capital Improvement Program) Motion authorizing the City Manager, or designee, to execute a construction contract with IPR South Central LLC of Pasadena, Texas in the amount of$4,000,000 for the City-Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity Program (ID/IQ) for the Total Base Bid. The initial contract is anticipated as a two (2) year (730 calendar days) base contract, with three (3) optional one (1) year (365 calendar days) extensions subject to availability of funding and satisfactory contractor performance. The optional contract extension will not exceed an amount of$2,000,000 per year and will be administratively authorized by the City Manager or designee based on available funding. (Capital Improvement Program) This Motion was passed on the Consent Agenda. Enactment No: M2017-009 11. Engineering Construction Contract for Greenwood Drive Storm Water Improvements Corpus Christi Page 6 Printed on 1/27/2017 City Council Meeting Minutes January 24, 2017 Motion authorizing the City Manager, or designee, to execute a construction contract with Clark Pipeline Services, LLC. of Corpus Christi, Texas in the amount of$469,401.98 for the Greenwood Drive Storm Water Improvements. This Motion was passed on the Consent Agenda. Enactment No: M2017-010 12. Resolution approving a Supply Agreement for Liquid Caustic Soda Solution Resolution rejecting all initial bids submitted for the purchase of liquid caustic soda ("chemical"); finding that the purchase of the chemical is necessary to preserve and protect the public health and safety of the City's residents; obtaining pricing through competitive solicitation; and authorizing the City Manager or designee to execute a one-year supply contract for the chemical with Univar of Kent, Washington, in an amount not to exceed $1,362,882.00, of which an estimated expenditure of$908,588.00 in FY2016-2017 is funded by the Water Fund, and includes up to four one-year renewals. This Resolution was passed on the Consent Agenda. Enactment No: 031048 15. Second Reading Ordinance - Conversion and reclassification of 24 Firefighter I positions to 24 Firefighter II - EMS positions effective February 1, 2017 pursuant to Resolution No. 030964 and Settlement Agreement (1st Reading 1/17/17) Ordinance amending Ordinance No. 030965 Section 4. to convert and reclassify 24 Firefighter I positions to 24 Firefighter II-EMS positions effective February 1, 2017 pursuant to Resolution No. 030964 and settlement agreement. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 031049 16. Second Reading Ordinance -Approving agreement and appropriating funds to reimburse developer for the construction of water arterial transmission and grid main line located south of South Padre Island Drive (SH 358), west of Flour Bluff Drive, along Glenoak Drive (1st Reading 1/17/17) Ordinance authorizing City Manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with David E. and Christine L. Harris ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $141,334.85 from the No. 4030 Corpus Christi Page 7 Printed on 1/27/2017 City Council Meeting Minutes January 24, 2017 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 031050 17. Second Reading Ordinance -Accepting and appropriating two donations for the North Beach Breakwater Plaza, North Shoreline Repair and Enhancement Project (Bond 2012, Proposition 8) (1st Reading 1/17/17) Ordinance accepting and appropriating a donation in the amount of $25,000 from the USS Lexington and a donation in the amount of $25,000 from the Texas State Aquarium in Fund No. 3530 for the North Beach Breakwater Plaza, North Shoreline Repair and Enhancement Project E12129; Changing the FY 2017 Capital Improvement Budget adopted by Ordinance No. 030936 to increase revenues and expenditures by $50,000. (Bond 2012, Proposition 8) This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 031051 13. Disbursement of Council Member Carolyn Vaughn's FY2016/2017 Salary &Car Allowance Motion authorizing the City Manager or designee to distribute Council Member Carolyn Vaughn's FY2016/2017 budgeted salary and associated payroll taxes, which are not to be received by Council Member Vaughn, in the amount of$6,459.00, to Animal Care Services to be used to transport canines to other cities for the purpose of adoption and Council Member Carolyn Vaughn's FY2016/2017 budgeted car allowance and associated payroll taxes, which are not to be received by Council Member Vaughn, in the amount of$4,521.30, to Animal Care Services to be used for the provision of diagnostic testing and the treatment of cruelly treated canines housed at the City's Animal Care Services facility. Mayor Pro Tem Vaughn referred to Item 13. Denise Matow,4520 Surfside, spoke regarding Items 13 and 14 and asked the City Council to reject the disbursement of Council Member Vaughn's salary and car allowance and Council Member Guajardo's salary to prevent the entanglement of government and non-profit organizations. Chris Phelan, 3806 Kingston and Abel Alonzo, 1701 Thames,spoke in support of Items 13 and 14. Council Member Smith made a motion to approve the motion, seconded by Council Member Hunter. This Motion was passed and approved with the following vote: Corpus Christi Page 8 Printed on 1/27/2017 City Council Meeting Minutes January 24, 2017 Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Absent: 1 - Mayor McQueen Abstained: 0 Enactment No: M2017-011 14. Disbursement of Council Member Paulette M. Guajardo's FY2016/2017 Salary Motion authorizing the City Manager or designee to execute an agreement with 911 Park Place d.b.a. Mission 911, a Texas non-profit corporation, of Corpus Christi Texas, in the amount of$4,950.73, to be funded by Council Member Paulette M. Guajardo's FY2016/2017 budgeted city council salary and associated payroll taxes, which are not to be received by Council Member Guajardo, in support of programs provided by 911 Park Place d.b.a. Mission 911 in the City of Corpus Christi, Texas. This item was discussed during the discussion on Item 13. Council Member Smith made a motion to approve the motion, seconded by Council Member Hunter. This Motion was passed and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Absent: 1 - Mayor McQueen Abstained: 0 Enactment No: M2017-012 9. Engineering Construction Contract for Corpus Christi International Airport (CCIA) Runway 18-36 and Associated Work Motion authorizing the City Manager, or designee, to execute a construction contract with GL Contracting / Double Rafter H Construction Company, LLC. - Joint Venture of San Antonio, Texas in the amount of$1,094,167.18 for the CCIA Runway 18-36 and Associated Work for the Base Bid (Asphalt Option) with a 90/10% respective share of contract costs between the FAA and the City. Mayor Pro Tem Vaughn referred to Item 9,execution of an engineering construction contract for the Corpus Christi International Airport Runway 18-36 and associated work. In response to a council member, Director of Engineering Services Jeff Edmonds stated that staff is recommending awarding the contract for the asphalt option to receive the funding match from the Federal Aviation Administration (FAA). The FAA will not fund the concrete option which Corpus Christi Page 9 Printed on 1/27/2017 City Council Meeting Minutes January 24, 2017 would result in a higher cost to the City. Council Member Smith made a motion to approve this motion,seconded by Council Member Hunter. This Motion was passed and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Absent: 1 - Mayor McQueen Abstained: 0 Enactment No: M2017-008 L. PUBLIC HEARINGS: (ITEM 18) 18. Public Hearing and First Reading Ordinance to adopt the proposed Mustang/Padre Area Development Plan Ordinance amending the Comprehensive Plan of the City of Corpus Christi by adopting the Mustang/Padre Island Area Development Plan; defining the City's Comprehensive Plan policies on Mustang and Padre Island for protection of the environment, land use, transportation, economic development, public services, capital improvements, and plan implementation; rescinding the Mustang/Padre Island Area Development Plan adopted by City Council Ordinance #025725, April 20, 2004; providing for severance; and providing for publication. Mayor Pro Tem Vaughn referred to Item 18. Assistant Director of Planning/ESI Daniel McGinn stated that the purpose of this item is to update the Mustang/Padre Island Area Development Plan. The current Mustang/Padre Island Area Development Plan was adopted in 2003 as an element of the City's Comprehensive Plan. In 2016,the Island Strategic Action Committee(ISAC) adopted as a high priority the need to update the plan. The ISAC formed a subcommittee to review and recommend revisions to the existing plan with the support of the Padre Isles Property Owners Association and Padre Island Business Association.William Goldston, ISAC member, spoke regarding the mission of ISAC;the subcommittee; community involvement; and the need to update the existing plan to serve the City and island. Mayor Pro Tem Vaughn opened the public hearing.John Kelley, 3621 Austin, stated that public comment could not be made without a presentation. Assistant Director of Planning/ESI McGinn provided a brief presentation including:the boundaries of the Mustang/Padre Island Area;the planning process;the plan summary addressing environmental policies, land use, transportation, economic development, public service and capital improvements, and plan implementation; and the future land use map. Chris Phelan, 3806 Kingston, asked whether there were discussions on the sea level and climate change and spoke regarding the location of the meetings Corpus Christi Page 10 Printed on 1/27/2017 City Council Meeting Minutes January 24, 2017 solely being held on the island. Mayor Pro Tem Vaughn closed the public hearing. Staff responded to a council member's questions regarding the length of time the plan has been posted on the city's website and whether ISAC evaluated the sea level as part of the plan. Council Member McComb 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: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Absent: 1 - Mayor McQueen Abstained: 0 M. REGULAR AGENDA: (ITEMS 19 - 20) 19. Changing the Start Time of City Council Meetings Discussion and consideration of changing the start time of the regular City Council Meetings. Mayor Pro Tem Vaughn referred to Item 19. City Secretary Rebecca Huerta stated that Mayor Pro Tem Vaughn requested that this item be placed on the agenda to consider changing the start time of the regular City Council meetings and options for executive session and public comment. City Secretary Huerta presented three options for consideration. Option 1: start the meeting 9:00 a.m. and address the routine parts of the agenda including roll call, invocation, the Pledge of Allegiance, City Manager's comments, minutes, board appointments, and the consent agenda; hold executive session from 10 a.m.to 12:00 p.m.; public comment to begin at 12:00 p.m. and continue with the balance of the agenda. Option 2:start the meeting at 10:00 a.m. and have roll call; hold executive sessions from 10:00 a.m.to 12:00 p.m.; address routine items from 12:00 p.m.to 12:30 p.m.; public comment to begin at 12:30 p.m.; and continue with the balance of the agenda. Option 3:start the meeting at 11:30 a.m.; public comment at 12:00 p.m.; and executive sessions immediately after. Mayor Pro Tem Vaughn called for comments from the public. Sherry Sells, 5014 Wingfoot, requested that the City Council make a decision and keep the time to allow the public to coordinate attending and asked that the agenda be shortened. Gloria Scott,4422 S.Alameda,spoke in support of holding public comment between 12:00 p.m. or 12:30 p.m. to accommodate citizens during their lunch hour to come and address the City Council.Jack Gordy,4118 Bray, spoke in support of meetings beginning at 11:30 a.m.with public comment at 12:00 p.m. Susie Luna Saldana,4710 Hakel,spoke in support of beginning the meeting at 11:30 a.m., public comment at 12:00 p.m. and executive sessions at the end of the meeting. Samuel Andre Fryer,2222 Cardinales Lane,spoke regarding setting a time specific for agenda items and in support of executive sessions at the beginning or end of the meeting. Corpus Christi Page 11 Printed on 1/27/2017 City Council Meeting Minutes January 24, 2017 Council members spoke regarding the following topics: concern with public comment at 5:30 p.m.; consideration to start the council meetings at 9:00 a.m. or 10:00 a.m.with executive sessions at the beginning of the meeting; support to set a fixed time for executive sessions either before or at the end of the meetings;support to begin the council meetings at 11:30 a.m.with executive session at the end of the meeting; public comment to begin at 12:00 p.m.to allow citizens to come during their lunch break; the need to routinely have executive session items; and an effective date to begin the new start time. Council Member Rubio made a motion to change the start time of the regular City Council meeting to 11:30 a.m. with executive sessions to be schedule at the end of the meeting, beginning February 14,2017,seconded by Council Member Molina. This Motion was passed and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Absent: 1 - Mayor McQueen Abstained: 0 Enactment No: M2017-013 20. Resolution approving Street Preventative Maintenance Program (SPMP) FY 2017 Annual Work Plan Resolution approving the concepts, direction, and general work plan for the Fiscal Year (FY) 2017 Street Preventative Maintenance Program (SPMP). Mayor Pro Tem Vaughn referred to Item 20. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to approve the Street Preventative Maintenance Program (SPMP) FY 2017 Annual Work Plan. There were no comments from the public. A council member requested that the plan be published to include work that has already be completed, projects that still need to be completed and current projects. Council Member Garza made a motion to approve the resolution,seconded by Council Member Hunter. This Resolution was passed and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Absent: 1 - Mayor McQueen Abstained: 0 Enactment No: 031052 N. FIRST READING ORDINANCES: (ITEMS 21 -24) Corpus Christi Page 12 Printed on 1/27/2017 City Council Meeting Minutes January 24, 2017 21. First Reading Ordinance - Transferring and appropriating matching funds for the Retired Senior Volunteer Program (RSVP) and the Senior Companion Program (SCP) Grants Ordinance transferring $79,173 from the No. 1020 General Fund to and appropriating in the No. 1067 Parks and Recreation Grant Fund as matching grant funds for the Retired Senior Volunteer Program (RSVP) and transferring $76,903 from the No. 1020 General Fund to and appropriating in the No. 1067 Parks and Recreation Grant Fund as matching grant funds for the Senior Companion Program (SCP); amending Ordinance No. 030818 to authorize the transfer of matching grant funds for the RSVP and SCP programs budgeted in the No. 1020 General fund to and appropriate them in the No. 1067 Parks and Recreation Grant Fund for said programs. Mayor Pro Tem Vaughn referred to Item 21. Interim Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to transfer and appropriate City grant matching funds to allow for the continuation of the Retired Senior Volunteer Program (RSVP) and the Senior Companion Program (SCP). There were no comments from the Council or the public. Council Member McComb made a motion to approve the ordinance,seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Garza, Council Member Guajardo, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Absent: 2- Mayor McQueen and Council Member Hunter Abstained: 0 22. First Reading Ordinance -Accepting and approriating funds in the Community Enrichment fund for park improvements Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $318,198.30 in developer contributions, other donations and interest earnings in the 4720 Community Enrichment Fund for park improvements and other related projects as described on the attached and incorporated Exhibit A. Mayor Pro Tem Vaughn referred to Item 22. Interim Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to accept and appropriate$318,198.30 in developer contributions, other donations and interest earnings in the Community Enrichment Fund for park improvements. Ms.Anaya presented information on the Community Enrichment Fund;the Unified Development Code(UDC) Public Open Space Corpus Christi Page 13 Printed on 1/27/2017 City Council Meeting Minutes January 24, 2017 requirements; and the use of funds for the major investment parks, neighborhood parks and hike and bike trail development. There were no comments from the public. Council members spoke regarding the following topics:the interest earned in the Community Enrichment Fund; the balance of developer fees;whether expenditures where approved by the Park and Recreation Advisory Committee; list of designated park projects;whether West Guth Park is listed for funding; and clarification on the investment of city funds versus the Reinvestment Zone No.2. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Absent: 1 - Mayor McQueen Abstained: 0 23. First Reading Ordinance - Five Year Lease Agreement for Buccaneer Commission Ordinance authorizing the City Manager or designee to execute a five- year lease agreement with Buccaneer Commission for the use of Tex Mex Railroad Depot located at 1800 block of Chaparral Street, in consideration of rental payments of$600 per month increasing to $750 per month in third year and $900 per month in fourth year; and providing for options to extend for up to two additional five-year terms with rental rates to be increased each five-year term by ten percent; and providing for publication. Mayor Pro Tem Vaughn referred to Item 23. Interim Director of Parks and Recreation Stacie Talbert Anaya stated that Items 23 and 24 are related to a lease agreement with the Buccaneer Commission for the Tex-Mex Railroad Depot. The purpose of Item 23 is to execute a five-year lease agreement with the Buccaneer Commission for the use of the Tex-Mex Railroad Depot located in the 1800 block of Chaparral Street, in consideration of rental payments of $600, $750, and $900 per month as the terms escalate and providing for options to extend for up to two additional five-year terms with the rental rates to be increased each five-year term by ten percent. The Buccaneer Commission currently leases the Jalufka-Gavatos House in Heritage Park. The Commission has outgrown the space and needs additional room. The lease agreement requires a 28-day delay between readings per the City Charter and a 61-day delay before the contract can be executed. The purpose of Item 24 is to execute a short-term lease agreement to cover that timeframe. Mayor Pro Tem Vaughn referred to comments from the public.John Kelley, 3621 Austin, recommended a shorter time frame because the value of the property will be worth more with the removal of the old Harbor Bridge. Corpus Christi Page 14 Printed on 1/27/2017 City Council Meeting Minutes January 24, 2017 In response to Mayor Pro Tem Vaughn, Ms. Anaya stated that the option to extend the agreement will have to be mutually decided on by both parties and staff will determine whether the contract is no longer viable for the City. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Smith. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Absent: 1 - Mayor McQueen Abstained: 0 24. First Reading Ordinance - Short-term Lease Agreement for Buccaneer Commission Ordinance authorizing the City Manager or designee to execute a short-term lease agreement with Buccaneer Commission for the use of Tex Mex Railroad Depot located at 1800 block of Chaparral Street, in consideration of rental payments of$600 per month, not to exceed six months. This item was discussed during the discussion on Item 23. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Garza, Council Member Guajardo, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Absent: 2- Mayor McQueen and Council Member Hunter Abstained: 0 O. FUTURE AGENDA ITEMS: (ITEMS 25 - 31) Mayor Pro Tem Vaughn referred to Future Agenda Items. City Manager Rose stated that staff had planned presentations on Items 30 and 31. Council members requested information on Items 25 and 29. 25. Service Agreement for Mowing of Storm Water and Street Rights-of-Way Motion authorizing City Manager, or designee, to execute a service agreement with 2Chainz Brush Clearing, LLC of Lolita, Texas, for mowing of storm water and street rights-of-way, in accordance with Request for Bids No. 165, based on the lowest, responsive, Corpus Christi Page 15 Printed on 1/27/2017 City Council Meeting Minutes January 24, 2017 responsible bid for a total amount not to exceed $367,772.00, with an estimated expenditure of$245,181.33 in FY2016-2017. The term of this contract will be for 12 months with options to extend for two additional 12-month periods, subject to the mutual consent of the City Manager and the contractor. This Motion was recommended to the consent agenda. 26. Service Agreement for the purchase of a Gas/Blower Flare for the Cefe F. Valenzuela Landfill Motion authorizing the City Manager or designee to execute a service agreement with Parnel Biogas. Inc., of Tulsa, Oklahoma, for the purchase of a gas/blower flare in accordance with Request for Bids No.184, based on lowest, responsive and responsible bid for a total amount not to exceed $271,475.64, to be funded by Solid Waste 2017 Certificates of Obligation. The term of the agreement is for 12 months. This Motion was recommended to the consent agenda. 27. Construction Contract and Professional Services Contract for Cefe F. Valenzuela Landfill Gas Collection and Control System (Capital Improvement Project) Motion authorizing the City Manager, or designee, to execute a construction contract with Tri Con Works, LLC. of Houston, Texas in the amount of$1,019,690 for the Cefe F. Valenzuela Landfill Gas Collection and Control System for the total base bid and to execute a contract for Construction Phase Engineering and Quality Assurance Services with SCS Engineers, Inc. from Austin, Texas in the amount of $268,000 for full-time construction management. (Capital Improvement Project) This Motion was recommended to the consent agenda. 28. Engineering Construction Contract and two Materials Testing Agreements for Gollihar Road Improvements from Kostoryz Road to Weber Road (Bond 2014 Proposition 1) Motion authorizing the City Manager, or designee, to execute a construction contract with Haas-Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of$13,534,848.30 for Gollihar Road Improvements from Kostoryz Road to Weber Road for a total base bid and to execute a construction materials testing agreement with Rock Engineering in the amount of$63,725.00 for Gollihar Road from Weber to Carroll Lane and to execute a construction materials testing agreement with Rock Engineering in the amount of$59,359.00 for Gollihar Road from Carroll to Kostoryz. (BOND 2014 Proposition 1) This Motion was recommended to the consent agenda. Corpus Christi Page 16 Printed on 1/27/2017 City Council Meeting Minutes January 24, 2017 29. Engineering Construction Contract for Street Preventative Maintenance Program (SPMP) FY 2017 - Street Overlays Motion authorizing the City Manager, or designee, to execute a construction contract with Bay, LTD. of Corpus Christi, Texas in the amount of$9,421,462.50 for the total base bid and two (2) one-year renewal options for the Street Preventative Maintenance Program (SPMP) street overlays and to execute two construction materials testing agreement with Rock Engineering for Part 1 - West in the amount of$74,965.00 and for Part 2 - East in the amount of $74,965.00 for SPMP street overlays. This Motion was recommended to the consent agenda. 31. Resolution supporting the introduction of Legislation authorizing a motor fuel tax on a local option basis for Residential Street Funding Resolution of the City of Corpus Christi, Texas supporting the introduction of Legislation authorizing a motor fuel tax on a local option basis for Residential Street Funding. This Resolution was recommended to the consent agenda. Q. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 5:30 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. This Public Comment period is for items that are NOT on the Agenda. 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. Any electronic media (e.g. CD, DVD, flash drive)that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Mayor Pro Tem Vaughn deviated from the agenda. Shirley Thornton, 1917 Woodcrest Drive,thanked the City council members that attend the meeting of the Flour Bluff Citizens'Council on January 23,2017 and the progress the group has made to take care of their community. Kate Engler spoke regarding the following: an incident that occurred at 1919 Leopard; political issues, and being optimistic about living in Corpus Christi. Sherry Sells, 5014 Wingfoot, spoke regarding the following: appreciation to the Corpus Christi Police Department for their assistance with ADA violations; response from the Human Relations Department on a filed complaint; and improving the research system for Development Services. Gloria Scott,4422 S.Alameda; Errol Summerlin, Citizens Alliance for Fairness and Progress; Lamont Taylor, 1701 Stillman; Dorothy Dundas, 7617 Rancho Vista; and Claude Axel, 741 Crestview Drive; asked for support demanding that the Texas Department on Transportation (TxDOT)comply with its obligations under the voluntary resolution agreement Corpus Christi Page 17 Printed on 1/27/2017 City Council Meeting Minutes January 24, 2017 with the Federal Highway Administration for residents in the Hillcrest area. Chris Phelan, 3806 Kingston, spoke regarding health issues in industrial areas and annexing the refineries as a revenue source.Jack Gordy,4118 Bray, asked the City Council to place the removal of the palm trees on Airline Road and the removal of the red light cameras on the City Council agenda. Rosalie Beaty, 5130 Graford Place, offered support and presented a petition for Ronald Elizondo to be considered for the position of Director of the Al Kruse Tennis Center for which he was told he did not meet the qualification to be interviewed. Trian Serbu, 14310 Playa del Ray, spoke regarding recent water situations and requested that residents be reimbursed on their utility bills. Guillermo Puego, 5329 Bromley,spoke regarding the following issues:the results of the recent water situation;the removal of red light cameras; and a violation received by Code Enforcement for a fence located at Ridgewood Park. Mayor Pro Tem Vaughn called for a brief recess at 6:11 p.m. Mayor Pro Tem Vaughn reconvened the Council meeting at 6:29 p.m. FUTURE AGENDA ITEMS: (ITEMS 25 - 31) Mayor Pro Tem Vaughn deviated from the agenda and returned to Future Agenda Items. Mayor Pro Tem Vaughn referred to Item Item 30. Staff pprovided a presentation on this item. 30. Resolution approving the Wastewater Management Plan Resolution approving the City of Corpus Christi Wastewater Management Plan Final Report ("Final Report") regarding options for improvements to the City's wastewater treatment plants ("WWTPs") and adopting Option 4D as stated in the Final Report which provides for following key infrastructure components: (1) construction of a new 12 million gallons per day (MGD) wastewater treatment facility at a new site ("New WWTP") with recommended location in the area between the current Allison and Greenwood WWTPs; (2) consolidation of existing wastewater flows at two WWTPs: the New WWTP and an upgraded and expanded 20 MGD plant on the Oso WWTP site, with Broadway and Whitecap WWTPs to remain in service for foreseeable future; and (3) decommissioning of the Allison, Laguna Madre, and Greenwood WWTPs. This Resolution was recommended to the regular agenda. P. BRIEFINGS: (ITEMS 32 - 35) 32. Texas Municipal Retirement System Update Mayor Pro Tem Vaughn referred to Item 32. Director of Human Resources Steven Viera stated that the purpose of this item is to provide an update on the Texas Municipal Retirement System(TMRS). Mr.Viera introduced the presentation team: David Rodriguez, TMRS Senior Regional Manager and Lorraine Moreno, TMRS Regional Manager. Corpus Christi Page 18 Printed on 1/27/2017 City Council Meeting Minutes January 24, 2017 Mr. Rodriguez presented an overview of the system including: TMRS history and membership;funding basics; TMRS funding summary plan; benefit structure; investment earnings; administrative costs; investment return; investment policy; investment structure; economic impact; actuarial funding; and Corpus Christi's benefits, actuarial status, and contribution rates. Council members spoke regarding the following topics:the 5 year vesting period; the 2 to 1 match from the City; TMRS'actuarial investment return assumption of 6.75%; TMRS representation in Corpus Christi; rate of return for 2016;the issues with the Dallas Police and Fire Plan; investment assumption; the number of employees, not police,that are participating in the system; and total deferred gains. 33. Water Quality Projects Update Mayor Pro Tem Vaughn referred to Item 33. Interim Director of Water Utilities Dan Grimsbo stated that the purpose of this item provide an update on the actions taken and projects to improve water quality. Mr. Grimsbo introduced the presentation team:Assistant Director of Water Utilities Wes Nebgen,Water Quality Manager Gabriel Ramirez, and Utility Systems Manager Rafael Martinez. Mr. Grimsbo presented the following information: background on the boil water notice from May 2016; definitions of code regulations;water quality progress;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 source,treatment and distribution; and the location, cost and estimated timeline for the current capital improvement plan projects. Council members and staff discussed the following topics:the completion time for the Starry Road elevated storage tank; whether the Starry Road elevated storage tank will replace the Flour Bluff tank;the estimated cost of a mixer; status on the sediment sludge removal;standard operating procedures; the new chlorine dioxide system; whether the recommended procedure from the 2007 water situation have been implemented;the status of the water committee recommendations; and whether reintroducing fluoride will impact the system. 34. Affordable Housing Plan This Presentation was withdrawn. 35. Discovery - Carport Regulations Mayor Pro Tem Vaughn referred to Item 35. Interim Director of Development Services Julio Dimas stated that the purpose of this item is to update the City Council about regulations regarding carports. Mr. Dimas stated that this presentation is part of the discovery process and presented the following information:the definition of a carport; examples of various carport designs in the City made of a combination of wood and metal and metal roofing;typical property layouts with examples of acceptable and non-acceptable carports; a dispersion map identifying carports throughout the City; the issues including: location of carports, proposed changes in the ordinance to address carports, Corpus Christi Page 19 Printed on 1/27/2017 City Council Meeting Minutes January 24, 2017 and safety concerns; permitting; and discussion points for new and existing carports. Council members and staff discussed the following topics:the permitting process for new carports in neighborhoods where there are existing carports in the front yard setback; safety concerns with most carports not meeting windstorm criteria; establishment of Special Use Exemptions; costs associated with bringing existing carports up to code; issues that staff are currently encountering regarding carports; grandfathering existing carports; and safety issues. R. EXECUTIVE SESSION: (ITEMS 36 - 39) Mayor Pro Tem Vaughn referred to executive session Items 38 and 39. The Council went into executive session at 8:38 p.m. The Council returned from executive session at 9:25 p.m. 37. 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 pending and potential employment law litigation against the City, the Health District, and/or the officers and employees of said entity(ies), including potential approval of settlement(s), authorization of employment of attorneys and experts, and other actions related to said litigation. This E-Session Item was withdrawn. 38. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to potential economic development agreement(s) with entities that are considering the construction, expansion, and/or ownership of industrial facilities that will be consumers of water and wastewater services and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s). This E-Session Item was discussed in executive session. 39. 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 prior and prospective Construction Yard License(s) in public right-of-way with Realtex Construction and/or Cosmopolitan Corpus, LLC and/or TPEG Cosmo Completion, LLC and other entities for Mesquite Street, Lawrence Street, and/or Chaparral Street and pursuant to Texas Government Code § 551.072 to deliberate the exchange, lease, or value of real property if deliberation in an open meeting would have a Corpus Christi Page 20 Printed on 1/27/2017 City Council Meeting Minutes January 24, 2017 detrimental effect on the position of the governmental body in negotiations with a third person, related to publicly owned right-of-way in and adjacent to the aforementioned streets. This E-Session Item was discussed in executive session. S. ADJOURNMENT The meeting was adjourned at 9:25 p.m. Corpus Christi Page 21 Printed on 1/27/2017 City Of Corpus Christi WATERSHORE AND BEACH ADVISORY COMMITTEE BOARD DETAILS SIZE 9 Seats The Watershore and Beach Advisory Committee advises and makes TERM LENGTH 2 Years recommendations regarding use or OVERVIEW TERM LIMIT 6 Yearspreservation of the following areas within the city limits: the waterfront, the beaches, and the natural bodies of water, including, but not limited to: Gulf of Mexico, bays, rivers, and creeks, excluding the Marina area as defined by Section 2-264. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION Nine(9)members appointed by the City Council for two-year terms.The ■ membership shall include one(1) Scientist,i.e. Marine Biologist,one(1) Engineer, '� and one(1) Environmentalist;one(1)shall be an owner or representative of a ■ hotel or condominium located on North Padre Island or Mustang Island;and one (1)shall be a member of the Corpus Christi Convention&Visitors Bureau. The DETAILS Chairperson of the Watershore and Beach Advisory Committee shall act as an advisor to the Parks and Recreation Advisory Committee and vice versa. In the initial appointment,members will serve an initial two-year term, in the succeeding term,5 members will serve a two-year term,and 4 members will serve a one-year term,as determined by drawing.Thereafter,all terms will be two-years. .... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .......................................................................................................................................................................................................................................................... CREATION/AUTHORITY Section 2-80,Code of Ordinances,Ord No.027408,9/11/07;Ord. No.027523, 12/11/07;Ord. No.029985, 10/22/13. . .......................................................................................................................................................................................................................................... MEETS 1st Thursday of every month at 5:30 p.m.,Staff Conference Room 1st Floor, City Hall. _.............................................................................................................................................................................................................................................................................................................................. TERM DETAILS Two-year staggered terms. _.............................................................................................................................................................................................................................................................................................................................. DEPARTMENT Parks and Recreation Department .......................................................... COMMITTEE/SUBCOMMITEE AGENDAS -........................................................................................................................................................................................................................................................................................................................... OTHER INFORMATION WATERSHORE AND BEACH ADVISORY COMMITTEE Watershore and Beach Advisory Committee Members January31,2017 Four(4)vacancies representing the following categories:2-At-Large,1-Owner or representative of a hotel or condominium located on North Padre Island or Mustang Island and 1-Scientist(i.e.Biologist)with terms to 12-11-18. Joseph De Palma WATERSHORE AND BEACH ADVISORY COMMITTEE Not seeking reappointment District 1 11/12/2016 At-Large Member Carrie Meyer WATERSHORE AND BEACH ADVISORY COMMITTEE Seeking reappointment District 1 1 11/12/2016 At-Large Member 91%10/11 meetings(1 exc.) Jyoti Patel WATERSHORE AND BEACH ADVISORY COMMITTEE Seeking reappointment District 4 Partial 11/12/2016 Hotel/Condo Owner Member 43% 3/7 meetings(2 exc.) Jennifer Pollack WATERSHORE AND BEACH ADVISORY COMMITTEE Seeking reappointment District 2 11/12/2016 Scientist Member 36% 4/11 meetings(6 exc.) Paulette Kluge WATERSHORE AND BEACH ADVISORY COMMITTEE Active District 1 2 11/12/2017 Convention and Visitors Bureau Rep.Member Cliff Schlabach WATERSHORE AN D BEACH ADVISORY COM MITTEE Active District 1 11/12/2017 At-Large Member Cameron Perry WATERSHORE AND BEACH ADVISORY COMMITTEE Active District 3 11/12/2017 Engineer Chair Jay Gardner WATERSHORE AND BEACH ADVISORY COMMITTEE Active District 3 11/12/2017 At-Large Vice-Chair Mukesh Subedee WATERSHORE AND BEACH ADVISORY COMMITTEE Active District 1 11/12/2017 Environmentalist Member Watershore and Beach Advisory Committee Applicants January 31,2017 Boards� MI A �I At-Large or Owner or Representative of a Hotel or Condo Located on North Padre Island or Mustang Kelly Byrom Watershore and Beach Advisory Committee District 4 Wooldridge Place Nursing Center 7352 Wooldridge Corpus Christi TX 361-991-9633 Island Phillip Davis Watershore and Beach Advisory Committee District 4 At-Large or Scientist At-Large or Owner or Representative of a Hotel or Condo Located on North Padre Island or Mustang Erick O.Engen Watershore and Beach Advisory Committee District 1 United States Navy 554 McCain Kingsville TX Island At-Large or Owner or Representative of a Hotel or Condo Located on North Padre Island or Mustang Daniel E.M—ch Watershore and Beach Advisory Committee District 4 Urban Engineering 2725 Swantner Corpus Christi TX 361-854-3101 Island BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jan 09, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Kelly _ Byrom _ Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? WATERSHORE AND BEACH ADVISORY COMMITTEE ism Street Address Suite or Apt HOW City State Postal Code District 4 What district do you live in? INNNNNN� Primary Phone Alternate Phone Wooldridge Place Nursing Center Licensed Vocational Nurse Employer Job Title 7352 Wooldridge Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State 78414 Work Address-Zip Code Kelly Byrom Page 1 of 4 361-991-9633 Work Phone kel lybyrom@yahoo.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Lakeshore Villas Homeowners Association Education, Professional and/or Community Activity (Present) Beach User all my life Registered Voter? r• Yes r No Current resident of the city? r Yes r No 13 _ If yes,how many years? Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Kelly Byrom Page 2 of 4 Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. V I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. 9 1 Agree Kelly Byrom Page 3 of 4 Board-specific questions (if applicable) Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * W Owner or Representative of a Hotel or Condo Located on North Padre Island or Mustang Island Kelly Byrom Page 4 of 4 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jan 13, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Phillip _ Davis Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT, MARINA ADVISORY COMMITTEE, PARKS AND RECREATION ADVISORY COMMITTEE, TRANSPORTATION ADVISORY COMMISSION, WATERSHORE AND BEACH ADVISORY COMMITTEE Street Address Suite or Apt oft ow City State Postal Code District 4 What district do you live in? lmmlmw� Primary Phone Alternate Phone Employer Job Title Work Address-Street Address and Suite Number Work Address-City Work Address-State Phillip Davis Page 1 of 4 Work Address-Zip Code Work Phone pdavis@delmar.edu Work E-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Anything outdoor related: Parks, Marina, Beaches, etc Education, Professional and/or Community Activity (Present) Active in Santa Fe Soccer Club, Santa Fe Swim Club and Downtown Optimist Club Registered Voter? c Yes r- No Current resident of the city? Yes r No 35 If yes,how many years? Upload a Resume Please upload any additional supporting documents Demographics Phillip Davis Page 2 of 4 Caucasian/Non-Hispanic Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ISI I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Phillip Davis Page 3 of 4 Board-specific questions (if applicable) Question applies to MARINA ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? TJ Scientist, i.e. Marine Biologist Question applies to TRANSPORTATION ADVISORY COMMISSION. Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? Yes No Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? V Scientist i.e.,Marine Biologist) Phillip Davis Page 4 of 4 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Dec 06, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Erick _ O Engen _ Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? WATERSHORE AND BEACH ADVISORY COMMITTEE ism Street Address Suite or Apt LOW City State Postal Code District 1 What district do you live in? lmmmwm� Primary Phone Alternate Phone U. S. Navy Legal Officer Employer Job Title 554 McCain Work Address-Street Address and Suite Number Kingsville Work Address-City TX Work Address-State 78363 Work Address-Zip Code Erick 0 Engen Page 1 of 4 Work Phone erick.engen@a navy.miI Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Bachelor of Arts in Political Science - Austin College, Sherman, TX Government, law, litigation, management. Registered Voter? r• Yes r No Current resident of the city? r° Yes f No 3 If yes,how many years? erik.engen.2015.doc Upload a Resume Career_Summary.l.docx Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Erick 0 Engen Page 2 of 4 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. V I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. 9 1 Agree Erick 0 Engen Page 3 of 4 Board-specific questions (if applicable) Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * W Owner or Representative of a Hotel or Condo Located on North Padre Island or Mustang Island Erick 0 Engen Page 4 of 4 Erik O. En ern _ I EDUCATION Certified Public Manager, Texas State University, William P. Hobby School of Public Affairs, (candidate) Graduate, Naval Justice School, Newport, RI Bachelor of Arts (B.A), Austin College, Sherman, Texas Majors: Political Science and Spanish H.S. Diploma, Plano Sr. High School-- Advanced Placement - U.S. History; C.L.E.P.- U.S. History and Spanish; Major Studies Law PROFESSIONAL HISTORY Legalman 4/20/15 Department of Defense, U. S. Navy, Naval Legal Services Command, attached to Kingsville Naval Air Station Perform paralegal duties under the direction and supervision of Judge Advocates in providing and administering legal services, including matters concerned with military justice, administrative discharges, claims, admiralty law and legal assistance; Record and transcribe proceedings of courts-martial, courts of inquiry, investigations and military commissions and prepare and submit necessary records and reports, Prepare correspondence Conduct interviews Perform legal research of pertinent material for evaluation; Provide advice and assistance to personnel and command on matters of legal administration Case Manager 9/10/10-4/19/15 U. S. Small Business Administration , Office of Disaster Assistance U.S. Dept of Homeland Security, Fort Worth, Texas Review home and business loans for legal sufficiency and agency's collateral position; Perform legal review of loan closing documents including notes, guarantees, mortgages, tax forms, affidavits regarding property, deeds of trust, etc., and determine compliance with the requirements set forth in the loan; Close and fund commercial and business loans initiate disbursements; interface with borrowers and insurance entities and translate for Spanish-only speaking borrowers regarding loan closing documents and closing procedure. Handle all level of home and business loans, with complex collateral, multi-property, and multiple borrower loans. Further, member of bilingual (Spanish) working group handling Spanish-only speaking borrowers in the closing and funding process and satisifying loan requirements City Administrator 7/10- 1/11 City of Driscoll, Texas Management of the day-to-day operations of a Texas Class C General Law city including but not limited to Public Works, Utilities, Police, Administration, Finance and Municipal court. My primary responsibilities include producing an annual city budget, direction of all city employees, economic development, infrastructure maintenance, representing the city and interfacing with other entities, grant-writing, as well as serving as administrator to the Driscoll economic development corporation. Case Manager 6/09-3/10 Disaster Response, Society of St. Vincent DePaul Dallas Diocese Provide long-term case management services to disaster victims of Hurricane Ike in a church-based, non-profit, second-responder posture-under FEMA grant; identify and prioritize unmet needs; maintain client database as well as national disaster database- CAN- (Coordinated Assistance Network) and identify duplication of benefits by interfacing with FEMA and/or SBA; refer to public and private social services in order to restore disaster victim to pre-disaster condition; interface directly with disaster victims in the field, as well as public and private agencies, government and non-profit, as well as recovery committees and community block grant committees Case Manager 10/08-5/09 U. S. Small Business Administration , Office of Disaster Assistance U.S. Dept of Homeland Security, Fort Worth, Texas Review home and business loans for legal sufficiency and agency's collateral position; Perform legal review of loan closing documents including notes, guarantees, mortgages, tax forms, affidavits regarding property, deeds of trust, etc., and determine compliance with the requirements set forth in the loan; Close and fund commercial and business loans initiate disbursements; interface with borrowers and insurance entities and translate for Spanish-only speaking borrowers regarding loan closing documents and closing procedure. Handle all level of home and business loans, with complex collateral, multi-property, and multiple borrower loans. Further, member of bilingual (Spanish) working group handling Spanish-only speaking borrowers in the closing and funding process and satisifying loan requirements Commercial- Business Loan Closer 5/08 —9/08 Citibank N.A. (CitiGroup) Irving, Texas Review executed loan documents for credit approval, collateral perfection; prepare loan packages for boarding/booking and funding, including citing document exceptions, UCC filings, lien position and perfection. Primary duties also include interfacing with relationship managers, credit officers, title and escrow officers. Coordinator for Indigent Defense 3/07 -5/08 County of Collin, Texas As an officer of the court, Iinsure the county's compliance with Senate Bill ? providing uniformity in judicial court appointments for indigent defendants; interface with sheriff and court staffs in the execution of affidavits of indigency and determinations for court appointed attorneys; interview defendants during magistration proceedings at arraignment as well as in court and make findings for the district, county-courts at law as well as magistration courts as to indigency and determination for legal representation Day Labor Manager, Garland Day Labor Center 1/07 -3/07 Texas Workforce Commission Oversaw the day to day activities of a day labor center as the TWC representative to the job placement center; interfaced with day laborers, employers and city workforce staff; in the course of my duties I opened the center, enforced work-place rules, interfaced between employers and day laborers making job announcements and negotiating terms of compensation; also, translated from English-Spanish for Spanish-only speaking laborers and employers; maintained employer and laborer database and tracked job referrals. Paralegal Specialist 9/12/05- 1/07 U. S. Small Business Administration , Office of Disaster Assistance U.S. Dept of Homeland Security, Fort Worth, Texas Review home and business loans for legal sufficiency and agency's collateral position; Perform legal review of loan closing documents including notes, guarantees, mortgages, tax forms, affidavits regarding property, deeds of trust, etc., and determine compliance with the requirements set forth in the loan; , draft and process loan closing documents. Additionally, handle pre-closing customer service inquiries as to loan closing status, translate for Spanish-only speaking borrowers regarding loan closing documents and closing procedure. Handle all level of home and business loans, with complex collateral, multi-property, and multiple borrower loans. Manager I, 9/03-6/05 Texas Attorney General , Child Support Division -Lubbock County and Rural offices Responsible for planning, organizing, directing and monitoring the work activities of a child support field office, under the supervision of the Managing Attorney; Supervised professional, technical and clerical staff including hiring, evaluating, counseling and training; Prepared and monitored the field office budget; Monitored field office performance and took corrective actions to achieve assigned goals and objectives; Monitored and ensured compliance with federal and state regulations, policies, procedures and standards while providing superior customer service; Responded to inquiries and resolved issues from agency management, government officials, attorneys, parents, advocacy and community groups and other customers; Attended work regularly in accordance with agency leave policy Complied with all applicable security and safety rules, regulations and standards Office Supervisor, 11/00-9/03 Texas Attorney General Child Support Division, Dallas Northeast Legal Team Leader, managed dockets and court staff for office litigation at George Allen, Dallas County Family courts. Managed the day-to-day operations of the unit; primary front-line staff supervisor; performed most non-attorney HR and leave matters including employee counseling, performance plans and evaluations; set monthly customer service duty schedules (phone and front-desk); monitor Intellicenter; prepare statistical and monthly reports for the unit to Administrative Office; served as Ombudsman and ACES Liason; Primary Super-User for the unit (at time of conversion to present); directly supervise production; regularly perform translation and customer-service related to Spanish-only speaking customers, in office and in court. Child Support Investigator IV, 4/00- 11/00 Texas Attorney General -Child Support Division, Dallas Northwest Monitored and enforced child support obligations; served as Enforcement Team Leader; Handled all enforcement walk-in appointments; regularly translated and performed customer service functions for Spanish-only speaking customers. Paralegal/Legal Assistant 9/98-4/00 Interviewed clients in family, criminal, personal injury, and general civil matters; handled all levels of attorney-client correspondence and communication; drafted pleadings and Orders; am proficient in PRO-DOC; have a working knowledge of the Family Code and Texas Rules of Civil Procedure; drafted and responded to all forms Discovery; compelled Discovery; represented attorneys before the court and court staff. Principle firms: Deborah Miller, Miller, Shelton and Pace, Dallas, TX (Family, Criminal, Personal Injury, General Civil) 214-559-6173 Tim Powers, Law Offices of Tim Powers, Denton, TX (Family, Criminal, General Civil) 940-483-8000 Lester Vance, Vance and Associates, Sherman, TX (Personal Injury, General Civil) 903-892-2529 Legal Coordinator, Office of the Guardian Ad Litem 5/95-8/98 Managed and coordinated litigation for the friend-of-the-court in three Family Courts in Dallas County, as well as all general jurisdiction courts in Collin County, including but not limited to the filing of legal pleadings, docket-control, management of legal staff, and interfacing with district judges, attorneys, respondents, clients, court staff, court clerk staff, local child support registries, and Attorney General staff. Responsible for all litigation from filing to disposition. Iperformed main-frame to laptop data interfaces for court, managed the payment center and personally handled the court cost and attorney fiduciary accounts for child support, attorney's fees and court costs District Office Manager, 7/93-1/94 Texas Senate -30`h Senatorial District Set-up and managed senatorial district office for Cooke, Denton and Grayson counties for Senator Steven A. Carriker, Child Support Investigator (II, III, IV), 1/89-7/93 Texas Attorney General-Child Support Division, 404- McKinney, TX Conducted factual investigations concerning parent-child relationships; prepared and verified legal pleadings; mediated disputes and negotiated terms of court orders with custodial and non-custodial parents; provided litigation support to attorneys and court- master; calculated child support arrearages and maintained state registry records; and Enforcement Team Leader Legislative Assistant, Senator Steven A. Carriker 7/88-12/88 Texas Senate -30`h Senatorial District Provided constituent service in the district office during the transition from Senator Farabee's to Senator Carriker's administration Employment Interviewer I, 7/86-5/87 Texas Employment Commission Processed claims for unemployment insurance; interviewed claimants and determined eligibility according to federal guidelines; provided Placement job search counseling UNDERGRADUATE EXPERIENCE Clerk 111, Texas Employment Commission, Economic Research and Analysis Section Implemented and analyzed the Standard Industrial Re-Classification Survey Special Assistant, National Endowment for the Humanities Austin College Summer Institute Served as graduate level teaching assistant for primary and secondary level teachers of Spanish language from the southwest REFERENCES Lesli Hartin, Attorney Advisor-Team Lead, U.S. Small Business Administration, Disaster Assistance Melissa Rodriguez, City Commissioner, City of Driscoll, Texas Mary Reed, President, Driscoll Economic Improvement Development Corporation Betty Collier, municipal consultant Shanon Granado, Program Supervisor ■ Society of St Vincent de Paul, Beaumont Diocese Gene Snelson, General Counsel, Texas Animal Health Commission Bill Killian, General Manager, Corpus Christi Disposal Michelle Patrick, Grants and WIC Coordinator, Collin County, Texas Kathy Storm, Court Coordinator, 301"Judicial District Court Dallas County, Texas Edwina Flewellyn, Employment Services Supervisor Texas Workforce Commission Ronald Meadows, Assistant Attorney General, Lubbock, TX Office of the Attorney General, Child Support Division Career Summary Erik Engen ✓ Over 13 years progressively responsible experience with the Texas Attorney General's office, Title IV-D Child Support agency; including Establishment and Enforcement production, Legal Team lead, Ombudsman, Office Supervisor and Office Manager (in Collin, Dallas and Lubbock counties, Texas) ✓ Over 3 years as legal coordinator including litigation-support and management for a Friend of the Court office, the Office of the Guardian Ad Litem, responsible for all new filings including drafting exhibits, service of process, docket control, production of attendant orders through to final disposition, drafting and monitoring of Writs of Attachment and Capias' on TCIC and NCIC, interfacing with law enforcement personnel in the execution of arrest warrants as well as the collection of court costs and attorney's fees and maintenance of fiduciary accounts (Collin and Dallas counties, Texas) ✓ Over 5 years total management experience responsible for all day to day operations of a child support office, including monitoring production, leave and time policies, budget, hiring and discipline, evaluation, and achieving litigation and collection goals (up to 30 staff including attorneys) ✓ Bilingual in Spanish and English, including interpretation and translation before the court, for family law and criminal litigants, in office and magistration settings, including the negotiation of court orders ✓ Over 15 years total combined government experience at the municipal, county, state (legislative and execute/judicial branches), and federal levels ✓ Non-Profit experience includes disaster assistance with St Vincent de Paul, Dallas and Beaumont Diocese, as well as refugee resettlement of unaccompanied minor children through Lutheran Social Services of the South BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jan 25, 2017 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Daniel _ E Mazoch Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? WATERSHORE AND BEACH ADVISORY COMMITTEE ism Street Address Suite or Apt Wft LOW City State Postal Code District 4 What district do you live in? lmmmwm� Primary Phone Alternate Phone Director of Development and Cinnamon Shore/ Sea Oats Construction Employer Job Title 122 Market Street Work Address-Street Address and Suite Number Port Aransas Work Address-City TX Work Address-State 78373 Work Address-Zip Code Daniel E Mazoch Page 1 of 4 Work Phone daniel@seaoatsgroup.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Please see attached qualifications. Registered Voter? r• Yes r No Current resident of the city? r Yes r No 27 If yes,how many years? Mazoch Daniel Beach Shore 2017.pdf Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic Daniel E Mazoch Page 2 of 4 Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. V I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. 9 1 Agree Daniel E Mazoch Page 3 of 4 Board-specific questions (if applicable) Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? • Engineer • Owner or Representative of a Hotel or Condo Located on North Padre Island or Mustang Island Daniel E Mazoch Page 4 of 4 DANIEL E . MAZQCH , P. E . PROFESSIONAL QUALIFICATIONS [WATERSHORE AND BEACH ADVISORY COMMITTEE] • S+years experience in coastal regulating policy and procedures,including State,County,and City regulations. • Extensive work in the field of coastal development including coordination with local and state level governmental agencies and committees.Skills Include representing developers,municipalities,and individuals in coastal matters such as beach maintenance practices,dune mitigation,subdivision construction,dune walkover construction,and beach access road construction,Including the preparation of all relevant permitting(50+cases in Nueces County). • Knowledge of regulating policy and procedures,including:Nueces County Beach Management Plan,Joint Erosion Response Plan, Coastal Barrier Resource Systems,interfacing of public and private land and beach access easements,and State regulations (General Land Office)regarding coastal management and development. • Attended inaugural Coastal Management and Dune Maintenance Conference to promote better coordination and planning between researchers,municipalities,and developers;Hosted by the Harte Research Institute for Gulf of Mexico studies at Texas A&M Corpus Christi. • Provided comprehensive coastal management and permitting services on more than 50 project sites in Port Aransas and Nueces County. • Experienced in presenting at municipal meetings including City Planning and Zoning,City Council,and Nueces County Commissioners Court. • Frequent attendee of Beach Management Advisory Committee meetings,follower of beach management and permitting policy changes,longtime Island resident and user of beaches and public waterways. PROFESSIONAL EXPERIENCE Cinnamon Share(Sea Oats Group),Port Aransas,TX Director of Development and Construction(January 2017-Present) Voss Engineering,Corpus Christi,TX Professional Engineer(lune 2016-January 201 7) Urban Engineering,Corpus Christi,TX Engineer In Training(June 2011-May 2016) EDUCATION & LICENCING Professional Engineer(October 2016) Water Resources and Environmental Engineering -Civil Engineering Texas PE#.124855 Texas A&M University—Kingsville(2007-2011) Bachelor's of Science in Civil Engineering,Cum Laude Graduate ACTIVITIES/ PROFESSIONAL ORGANIZATIONS American Society of Civil Engineers(ASCE),Corpus Christi Branch Secretary(2016-Present) Treasurer(2015-2016) ri 1 ♦i 'At1 c sv� e�y Buntel iDwin MaNOC4 +", ar4clnr of science to (civil !.Engineering ��� ..y.Y se o� Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of January 24, 2017 NCORROP p�EO 1852 Action Item for the City Council Meeting of January 31, 2017 DATE: January 24, 2017 TO: Margie C. Rose, City Manager FROM: Stacie Talbert Anaya, Interim Director of Parks and Recreation StacieT(a�cctexas.com (361) 826-3476 Maria Pedraza, Procurement Manager mariape(a-).cctexas.com (361) 826-3176 Mowing of Storm Water and Street Rights-of-Way CAPTION: Motion authorizing City Manager, or designee, to execute a service agreement with 2Chainz Brush Clearing, LLC of Lolita, Texas, for mowing of storm water and street rights- of-way, in accordance with Request for Bids No. 165, based on the lowest, responsive, responsible bid for a total amount not to exceed $367,772.00, with an estimated expenditure of $245,181.33 in FY2016-2017. The term of this contract will be for 12 months with options to extend for two additional 12-month periods, subject to the mutual consent of the City Manager and the contractor. PURPOSE: This service agreement will provide mowing services of storm water and street rights-of- way for locations throughout the city. BACKGROUND AND FINDINGS: Award recommendation is based on responsive and responsible bids. These contract locations include high profile areas, right of ways and drainage ditches. A list of locations in this contract is included for review. Bidders for these areas must have experience working in drainage conveyance systems. Currently, these locations are being serviced by a contractor, Brown Mule Mowing, Inc., 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 $436,051.47, of which $242,362.00 would be for ditch rights of way, and $193,689.47 for street rights of way. In this case, it is beneficial for the City to contract out these mowing parcels. The department currently does not have the appropriate staffing level or equipment to maintain the additional acreage. ALTERNATIVES: If not approved, the department will need to hire additional mowing crews to address these areas or compromise established levels of services throughout the community. 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. DEPARTMENTALCLEARANCES: Park and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $920,421.68 $122,590.67 $1 ,043,012.35 Encumbered / Expended Amount $602,019.93 $0.00 $602,019.93 This item $245,181.33 $122,590.67 $367,772.00 BALANCE $73,220.42 $0.00 $73,220.42 Fund(s): Storm Water Comments: The initial contract term is a total amount not to exceed $367,772, with an estimated expenditure of$245,181.33 is funded in FY2016-2017. The total contract value will be $1,103,316.00 if all option years are executed RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement City of Corpus Christi BID EVENT No.165 Purchasing Division Mowing of Storm Water and Right-of-Ways Buyer:Michael Gutierrez BID TABULATION *Charlton Holding,LLC Bonco,LLC Brown Mule Mowing,Inc 2Chainz Brush Clearing,LLC Corpus Christi,TX Driscoll,TX Corpus Christi,TX Lolita,TX UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE PER TOTAL PRICE DESCRIPTION ACRES CYCLES PER CYCLE PER CYCLE PER CYCLE CYCLE Street Right-of-Ways 551.759 8 no bid no bid $30,346.75 $242,774.00 $24,211.19 $193,689.52 $19,311.00 $154,488.00 Storm Water Drainage 226.9 4 no bid no bid $60,128.50 $240,514.00 $55,624.54 $222,498.16 $53,321.00 $213,284.00 TOTAL no bid $483,288.00 $416,187.68 $367,772.00 SC �o 0 H v SERVICE AGREEMENT NO. 799 b6RPORAI 1852 Mowing of Storm Water and Street Right-of-Ways THIS Mowing of Storm Water and Street Right-of-Ways Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and 2Chainz Brush Clearing, LLC. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Mowing of Storm Water and Street Right-of-Ways in response to Request for Bid/Proposal No. 165 ("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 Mowing of Storm Water and Street Right-of- Ways ("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 $367,772.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in City of Corpus Christi Page 1 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 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: Tessy Gonzalez Parks and Recreation 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 City of Corpus Christi Page 2 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 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 Page 3 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 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: Tessy Gonzalez Title: Contract Administrator Address: 1201 Leopard St. Corpus Christi, Texas 78401 Fax: 361-826-3864 IF TO CONTRACTOR: 2Chainz Brush Clearing, LLC. Attn: Joe Chaney Title: Owner Address: 305 CR 4291, Lolita, Texas 77971 Fax: 361-920-1383 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 AG REEM ENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 5 of 8 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 8 all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 7 of 8 CONTRACTOR Signature: Printed Name: Title: Owt_ef Date: 1/1,27/114) 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: Exh'bit 1: RFB/RFP No. 165 Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Seivice Agreement Standard Form Approved as to Legal Form 7/1/16 Page 8 of 8 ATTACHMENT A - SCOPE OF WORK 4.1 General Requirements The Contractor shall mow storm water and street right-of-ways in accordance with the Storm Water Department's maintenance operations of the Storm Water Drainage Collection System. All areas are located within the City limits of the City of Corpus Christi. 4.2 Scope of work A. 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. B. Mowers shall be adjusted for a cutting height of approximately five inches. C. Cycle Description: • Street Right -of -Way -8 Cycles • Storm Water Drainage -4 Cycles Street Right -of -Way cycles will run 45 days and Storm Water Drainage cycles will run 90 days. If a cycle is finished before the days are up, the Contractor will not start another cycle until the day after the completion of the previous cycle. There will be only 8 cycle cuts for street right-of-way and 4 cycle cuts for ditch right-of-way in a contract year. Contractor will notify the Contract Administrator upon completion of mowing for a cycle. D. All mowing equipment shall be equipped with sharp blades so as not to tear, but cleanly cut the blades of grass. E. The Contractor shall mow as close as practicable to all fixed objects exercising extreme care not to damage trees, plants, shrubs, fire hydrants, sign and power poles, guardrails, culvert head walls, delineators or other appurtenances which are part of the right-of-way. F. The Contractor shall hand trim around all fixed objects such as trees, plants, shrubs, fire hydrants, sign and power poles, guardrails and culvert head walls, unless specified otherwise and will be subsidiary to the mowing operation. G. The Contractor shall be responsible for notifying the Contract Administrator of large object(s), including, but not limited to furniture, appliances and massive dump sites etc. Any large object(s) which are too large to set aside, shall be mowed around until removal is coordinated by the City. The Contractor shall coordinate the rescheduling of mowing the uncut area with the Contract Administrator. H. 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. I. Emergency Mobilization: Under extraordinary conditions, the City may be required to pull the Contractor from an area actively being worked in order to address an emergency situation. The City recognizes this may create a hardship for the Contractor in terms of equipment and personnel costs. Under such authorized emergency mobilizations the Contract Administrator will authorize the Contractor to charge no more than $75.00 for fuel for each piece of equipment and $50.00 per person, not to exceed $250.00 for labor and equipment in addition to the standard contracted rate for acreage mowed. An "authorized" emergency mobilization is a mobilization initiated by the Contract Administrator. Any unauthorized emergency mobilizations will not be paid for by the City. In addition, the event of an authorized emergency mobilization does not relieve the Contractor of its obligation to maintain the contracted mowing schedule. J. Drought Stipulation: The City intends on establishing a routine scheduled right-of-way mowing program which will control the growth of grass and weeds to an acceptable level. However, the lack of rainfall throughout the contract period may slow the growth of grass and weeds to a level which does not require mowing of the rights- of-way at the predetermined scheduled dates. In the event a drought situation develops at any time throughout the contract period, the Contract Administrator will consult with the Director of Storm Water Operations or designee and in turn will direct the Contractor to either continue mowing, mowing on a limited basis or suspend mowing altogether. Cycles which are canceled due to drought conditions will not be made up. 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. C. Work Hours: The Contractor will confine all operations to daylight hours, sunrise to sunset and the schedule must be approved by the Contract Administrator prior to commencing the mowing program. It is expected that the work will be scheduled effectively throughout the contract period in order to accomplish an overall well managed mowing maintenance program. 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. Mowing will not be permitted when, in the opinion of the Contract Administrator, soil and weather conditions are such that the rights-of-way will be damaged. Cycles which are canceled due to rainfall will be made up only if needed, as decided by the Contract Administrator. The Contractor will coordinate rescheduling of make-up cycles with the Contract Administrator. F. For Ozone Warning Days the following restrictions apply: 1. No use of chain saws, pole saws, motor scooters and other small engines will be allowed. 2. Diesel powered trimming 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. 3. 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 Traffic Control The Contractor shall follow all traffic regulations in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials, devices and safety vests are required to protect the mowers and the traveling public. 4.6 Equipment A. All mowers must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property by flying debris from under the mower. Maximum cutting widths for rigid frame rotary mowers shall be 108 inches. Hinged or batwing mower cutting widths shall be approved by the Contract Administrator. Slope mowers to have 72 inches cutting width and 28 foot or greater cutting reach. All mowers 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. B. The Contractor shall provide a minimum of 1 slope mower, 2 bat-wing mowers, 2 weed eaters and 1 blower for this Work. C. Contractor shall have sufficient resources and personnel to perform the work as specified. 4.7 Safety Requirements 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 trimmers 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 there 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. 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, and shall restore at its 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 all acceptable manner. 2. All damages which are not repaired or compensated for by the Contractor will be repaired or compensated for by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. 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 either approve the work or advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct any discrepancies within one working day. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 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. Exhibit 1 STREET RIGHT OF WAY Zone 7 Section 1 ID Street Name Location Acres 1 Bates Street Flato to S.P.I.D. 1.223 3 Bear Lane S.P.I.D. to Joe Mireuir Road 8.45 4 Bush S.P.I.D. to Los Robles 2.995 6 Flato Road Agnes (S.H. 44) to Bear Lane 5.061 7 Forrest Lane NPID to Gibson 0.246 8 Greenwood Saratoga to Dead End 2.76 9 Hereford Agnes (S.H. 44) to Leopard 2.69 10 Heinsohn Road Agnes to Bear Lane 3.328 11 Holly Road Greenwood to Los Robles 0.593 12 Leopard Navigation to N.P.I.D 6.1 13 McBride Leopard to Up River 3.636 14 Molina/Rockford Alley West Point Rd. to Dead End 2.667 15 McCampbell Agnes (S.H. 44) to Leopard 3.326 16 Navigation Old Brownsville Road to Up River 15.481 17 N.P.I.D. North Bound - Bear Lane to Agnes 3.636 18 N.P.I.D. South Bound - Gibson to Bear Lane 1.455 19 N.P.I.D. South Bound - Leopard to Lexington 0.85 20 Old Brownsville Road Post to Morgan 1.082 21 Old Brownsville Road S.P.I.D. to Saratoga 25.207 22 S.P.I.D. N. & S. - Greenwood to Bear Lane 3.393 23 Talbert Road Agnes (S. H. 440 to Pavement Ends) 2.085 24 Villa Agnes (S.H. 44) to Baldwin 1.405 25 West Point Road S.P.I.D. to Old Brownsville Road 4.008 Total 101.677 STREET RIGHT OF WAY Zone 7 Section 2 ID Street Name Location Acres 26 Agnes (S.H. 44) Gilliam to Rand Morgan 2.729 27 Alpine Manning to N. Clarkwood Road 4.875 28 Bearden Suntide to Hunter Road 1.059 29 Benys Road Leopard to Hampshire 0.624 30 Bockholt Road Agnes (S.H. 44) to McGloin Road 7.677 31 Bronco Road Agnes (S.H. 44) to Sedwick 5.554 32 Chickery Alpine to Dead -End 0.832 33 N. Clarkwood Road Agnes (S.H. 44) to Up River Road 14.596 34 S. Clarkwood Road Agnes (S.H. 44) to City Limits Line 13.45 35 Commerce Agnes (S.H. 44) to Eklund 1.375 36 Corn Products Road I.H. 37 to Hopkins Road 10.411 37 Eklund So. Clarkwood Road to Commerce 0.687 38 Gilliam Root to Alpine 0.34 39 Hopkins Road Lexington Blvd. To Agnes (S.H. 44) 4.969 40 Hunter Road Leopard to Up River Road 2.936 41 Iris S. Clarkwood to Commerce 0.904 42 Lantana Lexington Blvd. To Up River Road 8.489 43 Leopard N.P.I.D. to Corn Products Road 7.75 44 Leopard Corn Products Road to Rand Morgan Road 42.335 45 Lexington Blvd. Leopard to N.I.P.D. 4.157 46 Manning Agnes (S.H. 44) to Sedwick Road 5.363 47 McGloin Road S. Clarkwood to City Limits (F.M. 763) 9.995 48 Rhew Street Sedwick to Bearden 3.022 49 Root N. Clarkwood to Gilliam N. Side 0.13 50 Rusk Street Agnes (S.H. 44) to Dead -End 0.414 51 Sedwick Road South Minerals Road to North Clarkwood 9.313 52 South Minerals Road Up River Road to Sedwick 6.286 53 Stillwell Lane Leopard to End of Pavement 1.1 1 1 54 Suntide Road Leopard to Lakeview Circle 3.715 55 Tuloso Road Stillwell to Up River Road 0.815 Total 175.913 Street Right of Way Zone 8 Section 1 ID Street Name Location Acres 56 Baskett Countiss to Robby 0.358 57 Butler Violet Road to Cliff Cranshaw 0.742 58 Callicoatte Road Up River to City Limits 10.774 59 Carbon Plant Road Up River Road to City Limits Line 0.704 60 Church Street Leopard to Dead -End 0.419 61 Cliff Crenshaw Willowood to Blades 0.88 62 County Rd. 69 F. M. 624 to Co. Rd. 52 1.73 63 County Rd. 52 (North Side) Hwy 77 to County Rd. 69 0.68 64 E. Harrington Leopard to Dead -End 0.999 65 Emory Rushing to Dead -End 2.124 66 F. M. 624 Wildcat Drive to City Limits 34.13 67 N. Harrington McKinzie Road to Irma 1.454 68 Harney Dead -End South to Dead -End North 0.314 69 Haven Road Violet to Pavement Ends 2.238 70 Hart Road Leopard to Up River Road 1.651 71 Hearn Road Callicoatte Road to Brooklane 6.456 72 Kingsbury McKinzie to McCain 1.059 73 Leonard Starlite to Leopard 3.564 74 Leopard Street Rand Morgan Road to Violet Road 17.92 75 Leopard Violet Road to Railroad Tracks 14.462 76 Lois Leopard to N. Harrington 0.356 77 Mallard Violet Road to Widgeon 1.431 78 Mobile Robby to Rhodes 0.47 79 McCain Leopard to Dead-End 1.635 80 McKinzie Lane McKinzie Road to Carbon Plant Road 3.367 81 McKinzie Road Kingsbury to City Limits 8.587 82 Nelon Violet Road to Dead-End 0.505 83 Rand Morgan Agnes (S.H. 44) to I.H. 37 22.995 84 Rehfield Up River Road to I. H. 37 0.766 85 Rhodes Ct. Leopard to Mobile 0.303 86 Robby Leopard to Kingsbury 2.188 87 Sessions Road I.H. 37 to End of Pavement 1.49 88 Shady Lane Starlite to Leonard 0.719 89 Shane McCain to Dwyer 0.35 90 Starlite Violet Road to Sunny 2.37 91 Up River Road I. H. 37 (Violet) to McKenzie 6.1 92 Up River Road Rand Morgan to Clarkwood 1.6 93 Up River Road I. H. 37 to Sharpsburg Road 10.299 94 Violet Starlite to City Limits 5.759 95 Widgeon Dead Ends to Haven 0.954 96 Warrior Haven to Horseshoe 0.44 Total 175.342 Street Right of Way Zone 8 Section 2 ID Street Name Location Acres 97 Buckhorn Leopard to Railroad Avenue 0.215 98 Cynthia River Lane to Sharpsburg 1.906 99 Elliff Leopard to Railroad Avenue 0.422 100 Figueroa Sharpsburg to Nueces River 2.882 101 IH 37 E. side Sharpsburg to Sharpsburg 2.33 102 Railroad Avenue Redbird East to I.H. 37 0.495 103 Ripple St. Highway 77 to Northwest Trail 0.37 104 River Lane Zamora to Dead End 5.313 105 Sharpsburg Road Up River Road to Leopard (I.H. 37) 3.978 106 Zamora Sharpsburg to River Lane 0.684 107 Leopard 2nd Cut Lexington to Rand Morgan, medians and shoulders 15' width. Rand Morgan to RR tracks, shoulders only 15' width 52.35 108 Saratoga Blvd. Greenwood to Old Brownsville 26.902 109 CR73 FM 624 to 5155 CR 73 0.98 110 FM 1889 FM 624 to City Limits at 1400' both sides 1 Total 98.827 Street Right -of -Way Total Acres 551.759 STORM WATER DRAINAGE DITCH RIGHT OF WAY ID ZONE 7 AREA 1 5 C. C. Industrial Ditch Agnes (S. H. 44) to Airport Ditch #2 2.11 6 Dona Ditch Up River to dead-end 0.69 7 Donigan Ditch Agnes (S.H. 44) to Kosar Ditch 9.09 8 Enterprise Ditch #1 Agnes (S.H. 44) to S.P.I.D. 27.46 9 Enterprise Ditch #2 S.P.I.D. to Kelly Ditch 18.54 10 Flato Road (Collector) Agnes (S. H. 44) to Bear Lane 3.18 11 Heinsohn Ditch N.P.I.D. to Kosar Ditch 10.34 12 Hopkins Ditch (Roadside) Lexington to Acme Ditch 3.68 13 Hopkins Road Ditch (Collector) Hopkins Ditch to Acme Ditch 1.81 14 Kosar Ditch N.P.I.D. to Joe Mieur 11.63 15 Navigation Ditch #1 Navigation to Airport #2 0.76 16 Navigation Ditch #2 Navigation to Airport #2 0.76 17 Weil Ditch Leopard to City Limits 1.77 18 L -Rod Ditch Charles - Upriver - 1st Telephone pole 1.17 19 Carbon Plant Drainage Ditch UpRiver Road to IH 37 2.76 20 Till Creek Drainage Ditch Bearden to IH 37 to UpRiver Road 3.61 ID ZONE 7 AREA 2 & ZONE 8 AREAS 1&2 21 Church Violet Road to dead-end 0.43 22 Clarkwood Ditch Bark St. Channel to Clarkwood East #1 5.43 23 Clarkwood Road Ditch (Collector) Leopard to Bark Street Channel 8.20 24 Cl rkwood East Ditch So. Clarkwood Road to Clarkwood Ditch 0.31 25 Clarkwood E. Ditch Agnes (S.H. 44) to So. Clarkwood 2.29 26 Five Point Outfall U. S. 77 to Emory Street 8.91 27 Gilliam Ditch Gilliam St. to the Bark St. Channel 0.35 28 Kingswood Ditch (Collector) Turkey Ditch to Starlite Lane 1.35 29 Magee Ditch I. H. 37 to 500' N. of Up River Road 2.11 30 McNorton Ditch Blanco Rd. to Clarkwood 25.67 31 Railroad Ditch Railroad Tracks to N. of Up River Rd. 2.72 32 Ravine Ditch Leopard to Dead-end 0.64 33 River Ridge/Wal-Mart Riverside to dead-end 4.50 34 Turkey Creek Ditch Frontier to Up River Rd. 21.59 35 Violet Ditch Turkey Ditch to dead-end 14.42 37 Woodriver Ditch #1 Dead End to 620 ft. N. of Beal 3.86 38 Woodriver Ditch #2 Woodriver Street to City Limits 3.77 39 Turkey Creek Ditch Leopard to West Guth Park 1.60 40 Emory Ditch East Side East side of Emory Road 2.71 41 Kelly Ditch Kosar Ditch to Hwy 44 16.16 42 Julianna Ditch Sessions to Juliana 0.52 STORM WATER DRAINAGE DITCH RIGHT OF WAY TOTAL ACRES 226.90 2/27/2013 LEGEND — Ditch ROW Contract — Street ROW Contract — Moored by State Ditch ■Duch WRoadsde :Cry Limits 3r. ,SIORh1 WNFR MOWING ZONE Section Map: 6410 -14.-10 -10 79-01.-02-00-0000-09 09 2/27/2013 LEGEND — Ditch ROW Contract — Street ROW Contract — Moored by State Ditch ■00th Roadside :CW Limits statmlVNFR MOWING ZONE j" M. o 2/21/2013 Io LEGEND h hac Street ROW GoROW Gonnhact I —Ouc—Moored by State Ditch Wm. ®Roadside —::Gm' L mets Q lk, .. 11110 O fr � \ ae o� A d 0. w.w. eeenww k m xwEr rn 46...„srortmiwviu MOWING ZO N E R .g 1 ‘lit‘ M.re. �oa la v myL �., .... ill mss. 79-07.79-0a. 79-10.74, J9-1z7¢,57¢,s 2/27/2013 LEGEND — Ouch ROW Contract — Street ROW Contract — Moored by State Ditch ■Orth WRoadsde :Cry Limits MOWING ZONE 2/27/2013 LEGEND — Ditch ROW Contract — Street ROW Contract — Moored by State Ditch ■00th WRoadsde :CW Limits statmlVNFR MOWING ZONE 07 2/27/2013 LEGEND — Ditch ROW Contract Street ROW Contract — Moored by State Ditch ■00th 1NRoadsde COY Limits statmlVNFR MOWING ZONE NAND MORON S t 15.56-03 -04,-07, .-11.-12.-15.-16.57-(G,13.67-01-0506 2/27/2013 LEGEND — Ditch ROW Contract — Street ROW Contract — Moored by State Ditch ■00th WRoadsde :CW Limits STORM WATT MOWING ZONE Section Map: 5&1367-0267-0367-04680167-0667-0767-08680567-1067-1167-12 2/27/2013 LEGEND — Ditch ROW Contract — Street ROW Contract — Moored by State Ditch ■00th Roadside :CW Limits ST0R/C' MOWING ZONE Section Map: 68-0368-0368066807680E 68(196&,06&„6&,269036&,66&,56&,6 2/27/2013 LEGEND — Ditch ROW Contract — Street ROW Contract — Moored by State Ditch ■00th Roadside :C rty Limits 3r. ,SIORh1 WNFR MOWING ZONE 2/27/2013 LEGEND — Ditch ROW Contract — Street ROW Contract — Moored by State Ditch ■0126 Roadside :C1y Limits �,SIORM WNFR MOWING ZONE 1 OLE J HOLLY HATOOE son Mav: Tats 2/27/2013 • LEGEND — Ditch ROW Contract — Street ROW Contract — Moored by State Ditch ■00th Roadside :CW Limits STORM WIITFR MOWING ZONE Date: ATTACHMENT B - BID/PRICING SCHEDULE CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 165 Mowing of Storm Water and Street Right -of -Ways /0/30/Re 240.-inzb -eGrj . uthori eBidder: rush rK 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 Acres Cycles Unit Price per Cycle Total Price Street Right -of -Way 551.759 8 $ 19 /511 $ 161-1 1$� Storm Water Drainage 226.90 4 $ 1Y62 $ 2(3‘211 TOTAL $ 3 (0,772, 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 *Workers' Compensation requirement can be waived if contractor submits a notarized Affidavit stating they are the sole owner/employee of their company.* 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 General Mowing Contractors 08/08/2016 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. p 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: 2016-149461 Date Filed: 12/3012016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2Chainz brush clearing LLC Lolita, 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. 799 Mowing of storm water and street right of ways 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 I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. , y t 1C 4 r t r �tgY u$c� AMANDA SANCHEZ y NOTARY PUBLIC STATE OF TEXAS MY COMM. EXP. 12/14/2019 �rq o\,44y NOTARY ID 13046708-3 Sign ure of authorized agent of ccrtracting business entity �y i� Aj� I( tl �1 rl r , this the ! t) day of')Q`"�"' ,. AFFIX NOTARY STAMP t SEAL ABOVE Sworn t and subscribed before me, by the said 20_ 1, to certify which, witness my hand and PUN* seal of office. mtkak, Sam e)- 'Wm*. Printed Si nature of offic r�sterin 9 oath name of officer administering oath Title of officer administering 9 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 January 24, 2017 Action Item for the City Council Meeting of January 31, 2017 DATE: January 24, 2017 TO: Margie C. Rose, City Manager FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations LawM(c�cctexas.com (361)826-1972 Maria Pedraza, Procurement Manager MariaPe(c�cctexas.co (361)826-3176 Landfill Gas/Blower Flare for Cefe Valenzuela Landfill CAPTION: Motion authorizing the City Manager or designee to execute a service agreement with Parnel Biogas. Inc., of Tulsa, Oklahoma, for the purchase of a gas/blower flare in accordance with Request for Bids No.184, based on lowest, responsive and responsible bid for a total amount not to exceed $271,475.64, to be funded by Solid Waste 2017 Certificates of Obligation. The term of the agreement is for 12 months. PURPOSE: The purpose of this agreement to fabricate a gas/blower flare for the Cefe Valenzuela Landfill. BACKGROUND AND FINDINGS: Cefe Valenzuela Landfill, is the City's newest and only active landfill and is considered a Regional Landfill with the capacity to serve the Costal Bend and other adjacent areas. The Cefe Valenzuela Landfill has been in operation for nine years, since the official closure of J. C. Elliott Landfill. As the incoming waste is managed and properly landfilled, it naturally decomposes and produces landfill gases, primarily methane. Methane gas is a greenhouse gas that contains hazardous air pollutants and is regulated by EPA. Federal and State regulations regarding landfills, that have the potential to emit air pollutants, require that once a new landfill produces a specific threshold reading of landfill gas, the landfill must install Gas Collection and Control System within a specified time period or face daily fines for non- compliance. In July 2015 during the annual landfill gas testing, results were obtained showing that the Cefe Valenzuela Landfill gas emissions trigged the requirement for a Gas Collection and Control System, which must be installed and operational by November 11, 2017. A Gas Collection and Control System consists of a series of vertical wells sunk into the waste pile, along with header pipes to collect the landfill gases to a single point for either sale to the market or disposal by flaring. It is important to mention that in the case of sale to market, a flare is required as the backup option to assist in a maintenance shutdown or to handle process upsets. In order to expedite the procurement of the flare, which is a critical path item for Gas Collection and Control System completion, and to save overhead and markup expenses, Solid Waste Operations enlisted the help of the City's Purchasing Division to directly procure the landfill gas flare from qualified manufacturers. Parallel to this effort, Solid Waste Operations utilized Engineering Services to design and bid a construction project for the Gas Collection and Control System. To assure compliance with the regulatory deadline, the Gas Collection and Control System contractor will be installing wells, headers, and appurtenances while the flare is being manufactured. The project will conclude with the erection of the flare and demonstration of system operation prior to the regulatory deadline. A total five bids were received, of which Parnel Biogas, Inc. provided the lowest, responsive and responsible bid. ALTERNATIVES: N/A OTHER CONSIDERATIONS: The City currently flares the landfill gas at the closed J.C. Elliot Landfill. Past efforts, since 2005, to develop a commercial gas to energy project at J.C. Elliot Landfill have been unsuccessful due to the low market prices of natural gas, which is primarily due to activity of the Eagle Ford Shale bringing gas prices down. The flare assembly in this item is designed to allow for the development of a gas -to -energy project in the future, should the market price of natural gas become viable for market development of the gas produced at Cefe Valenzuela Landfill. Staff has worked diligently with consultants and regulators to ensure these systems are in place prior to the regulatory deadline. 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: Solid Waste Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue x Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $2,500,000.00 $0.00 $2,500,000.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $ 271,475.64 $0.00 $271,475.64 BALANCE $2,228,524.36 $0.00 $2,228,524.36 Fund(s): Solid Waste 2017 Certificates of Obligation Comments: Funds for the Solid Waste Department in the amount of $274,250 have been budgeted in FY 2017 in the Solid Waste Certificates of Obligation Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tab Service Agreement Presentation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: Fidel Rodriguez BID TABULATION EVENT - 184 LFG Flare for Cefe Valenzuela Landfill 1/5/2017 Recorded by: Fidel Rodriguez Supplier Parnel Biogas Inc. John Zink Company, LLC LFG Specialties, L.L.0 Perennial Energy, LLC JM Davidson Inc Complete Flare Package $271,475.64 $274,250.00 $277,482.00 $297,952.00 $460,000 SERVICE AGREEMENT NO. 951 Landfill Gas/Blower Flare Project THIS Landfill Gas/Blower Flare Project Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Parnel Biogas, Inc. ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Landfill Gas/Blower Flare Project in response to Request for Bid/Proposal No. 184 ("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 Landfill Gas/Flare for the Cefe Valenzuela Landfill ("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 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 $271,475.64 subject to approved extensions and changes. Payments will be made for Services as follows: 25% upon approval of shop drawings; 25% six weeks after drawings are approved; 25% when flare is ready to ship; and 25% upon system start up, each 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 Page 1 of 9 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: Tony Benavides Solid Waste Department (361) 826-1633 tonyb@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. Page 2 of 9 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. 8.1 Liquidated Damages (A) Liquidated damages are the specified dollar amount the Contractor shall pay to the City due to the Contractor's failure to complete the Scope of Work within the Completion Time detailed in RFB No. 184 and this Agreement. (B) The parties recognize and agree that time is of the essence for this Agreement. The parties recognize that the City will suffer financial loss if the Scope of Work is not completed within the times specified. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City if the Scope of Work is not completed on time. Accordingly, instead of requiring any such proof, the parties agree that the Contractor will pay liquidated damages for delay if acceptance of the work has not occurred on or before any of the milestone due dates shown in the table below. Liquidated damages will be assessed for each missed milestone listed below and thus may be cumulative. These liquidated damages shall not be construed as a penalty. (C) Execution of the Agreement shall constitute agreement by the City and Contractor that the amount specified is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Scope of Work within the allotted time. Such sum is liquidated damages and may be deducted from payments due the Contractor if such delay occurs. Page 3 of 9 (D) The City shall have the right to deduct said liquidated damages from any amount due or that may become due to the Contractor, or to collect such liquidated damages from the Contractor or its surety. (E) The City shall determine whether the Scope of Work has been completed within the time allowed under the Agreement. (F) Progress payments made by the City are not to be considered a waiver of liquidated damages. (G) The City expressly denies that any progress payments made after the scheduled completion date constitute a waiver of liquidated damages. (H) Failure of the Contractor to complete the Scope of Work within the time allowed will result in damages being sustained by the City. For each consecutive day in excess of the time specified for the completion of work, as adjusted in accordance with the Agreement, the Contractor shall pay to the City, or have withheld from monies due it, the amount of liquidated damages shown in the table of liquidated damages below: LIQUIDATED DAMAGES Milestone Due Date Liquidated Damage Delivery of Flare 182 days from NTP $2000 / day Testing and Training Complete 243 days from NTP $2000 / day (I) All liquidated damages shall be charged at the value indicated for amount of time or any part thereof that the Contractor is late. (J) These provisions shall not prevent the City, in the case of the Contractor's default under this Agreement, from terminating the right of the Contractor to proceed as provided in the Agreement and seeking all damages and other remedies available to the City under this Agreement or by law. 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. Page 4 of 9 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 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: Page 5 of 9 IF TO CITY: City of Corpus Christi Attn: Tony Benavides Contract Administrator 2397 County Road 20, Robstown, Texas 78380 Fax: (361) 826-1970 IF TO CONTRACTOR: Parnel Biogas, Inc. Attn: Jeff Parker Title: President 5868 S. 129th E. Ave., Tulsa, Oklahoma 74134 Fax: (918) 234-1968 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. Page 6 of 9 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments 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. Page 7 of 9 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Page 8 of 9 CONTRACTOR Signature: Printed Name: —Se Title: �.QESi occiT Date: // 9/_/ 7 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. 184 Exhibit 2: Contractor's Bid/Proposal Response Page 9 of 9 Attachment A: Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide delivery of a Landfill Gas Blower/Flare for the Cefe Valenzuela Landfill, as outlined in this Scope of Work. For clarification purposes in the Scope of Work Section (1.2), the Gas Blower/Flare Supplier will be referred to as Contractor and the third party Gas Collection and Control System (GCCS) Contractor will be referred to as Installer. 1.2 Scope of Work A. The Contractor shall provide (including freight), related to the landfill gas (LFG) flare and separate equipment skid: 1. LFG Flare System (14 -inch candlestick) 2. Gas Handling System 3. Control Panel, Instrumentation, and Operational Logic B. In the interest of total system compatibility, reliability, quality, cost, and single source responsibility; the systems and assemblies furnished under this section shall be designed, manufactured, and/or supplied by a single vendor (referred herein as the Contractor. C. Equipment, specified herein, will be installed by a qualified Installer, including flare and blower/equipment skid. D. Contractor shall provide the modular, blower/equipment skid and flare including all components necessary for a complete and operational system. The 14 -inch candlestick flare will be on a separate foundation from the blower/equipment skid. The blower/equipment skid and flare shall be sized as follows: 1. To initially extract, demist and knockout condensate, and compress and combust a maximum of 121.4 MMBtu/hr. (4,000 SCFM @ 50% CH4) of LFG. 2. Piping, demister and controls on the blower/equipment skid shall be designed and sized to accommodate the following: a. Two (2), 2,000 SCFM blowers with variable frequency drive (VFD) shall be installed initially for operation in parallel (capability to operate simultaneously): b. Space for a third 2,000 SCFM blower and VFD shall be provided, including flange connections and PLC program for installation and operation in the future. Space for third blower shall also accommodate operation in parallel with either of initial blowers; and c. Total maximum combined flow rate of the initial two blowers shall be 4,000 SCFM. E. The total system shall include three principal sub -systems; 1) LFG Flare System; 2) Gas Handling System (blowers/equipment skid); and 3) Control Panel, Instrumentation, and Operational Logic (Note, the Gas Handling System and Control Panel, Instrumentation, and Operational Logic shall be included on one skid). The subsystems shall include but not be limited to, the following components: 1. LFG Flare System a. Flame Arrester b. Pneumatic shutdown valve c. Flare stack assembly d. Stainless steel burner assembly e. Stainless steel burner shroud f. Isolation valves (interconnecting HDPE piping between flare and blower/equipment skid to be supplied and installed by Installer) g. Internal electrical wiring h. Propane pilot and ignition system 2. Gas Handling System a. Two LFG blowers, with space and flanged process piping to accommodate the addition of a third blower (same size and model) in the future. b. Demister/Filter System c. Process Valves d. Process Piping e. Flow Meter Assembly 3. Control Panel, Instrumentation, and Operational Logic a. Enclosure/cabinets/junction boxes b. Control and annunciation devices c. Interconnecting conduit and wiring d. PLC supervisory control system e. Ethernet switch for remote connection capabilities including cabling to all control devices (Yokogawa Chart recorder, CMore OIP, PLC, etc.) All devices will be factory configured to a common network mask prior to delivery to the project site. f. All required electrical controls, motor controls, annunciation systems, alarm systems and logic systems F. Contractor shall perform all equipment and system testing, and demonstrate compliance with performance requirements specified herein. G. Following installation of the system by Installer. Contractor shall also perform the initial system start-up demonstration and testing in the presence of the City and training for City designated personnel. Contractor shall provide a minimum of three days for start-up demonstration and testing. Personnel training shall be performed on the 3rd day of the start-up demonstration and testing. 1.3 Performance A. Operating Conditions: The LFG flare and equipment skid components (System) shall be capable of operating under the following performance requirements and operating ranges: 1. Gas flow rates: The System shall be capable of operating at a LFG flow rate and a heat flow content of 10% maximum load rating of the flare (i.e., 400 SCFM) through 100% maximum load rating described in Part 1.2.D. 2. The LFG flare shall be designed in accordance with 40 CFR, Part 60.18 and shall meet the requirements of those criteria throughout the full operation range of the System. B. LFG composition: In the absence of actual qualitative gas data, the composition of the LFG for this project shall assumed to be as follows: 1. Composition: 25% to 60% CH4 25% to 60% CO2 Remainder air, inert gases, and trace components 2. Temperature: 100°F 3. LFG Moisture Content: Saturated C. Mechanical: 1. Design Wind Speed (IBC):130mph (Inland I, Corpus Christi, TX 2. Seismic Zone: 4 3. Site Elevation: 0 ft. above sea level 4. Electrical Area: Non -hazardous (unclassified) 1.4 Submittals A. Shag Drawings: Before any of the materials are delivered to the Site, the Contractor shall submit complete shop drawings to the City for review and approval. Shop drawings shall show all details of: 1. Equipment dimensions, layout plan and profile drawings showing equipment orientation on skid, and component parts and list of materials. 2. Electrical wiring diagram and details, including a complete Process and instrumentation drawing (P&ID). 3. Installation and mounting details 4. Skid weights, number and sizes of anchoring locations and dimensions, wind and seismic load calculations, and flare moment calculations. B. Materials list: Provide a complete list of all materials and equipment proposed to be furnished and installed under this portion of the Work: 1 Make 2. Model 3. Part Number 4. List of Manufacturers for Parts 5. Expected lead time C. Plywood or City approved material template for flare mast support (base ring, structural members, etc.) and anchor bolt -hole location. D. Contractor shall prepare and deliver three copies of the Operation and Maintenance (O&M) Manuals. Additionally, the O&M manual shall be provided electronically in a searchable PDF format with hyperlinks in the Table of Contents to associated sections to the City on compact disc (CD) and include: 1. Field Summary for recommended Maintenance & Frequency 2. Table for recommended parts to keep in stock E. Contractor shall submit warranties for all equipment and material supplied for the work specified in this specification. 1.5 Product Handling A. Contractor shall deliver materials in manufacturer's original packaging with all tags and labels intact and legible. 1.6 LFG Flare System A. The LFG Flare System shall be a candlestick flare unitized and modular system including all piping, valves and components for a complete and operational system except for the HDPE pipe that will run between the equipment skid outlet and the flame arrestor. B. The LFG Flare shall be pre -piped and pre -wired to the extent possible, requiring minimal field assembly. C. The LFG Flare shall be rated for 400 to 4,000 SCFM, designed and manufactured in compliance with 40 CFR, Part 60.18, and shall include, but not be limited to, the following components which shall meet as a minimum the listed specifications: 1. Flame arrester: A minimum 12 -inch flame attester shall be provided for the inlet to the flare. The pressure drop it imposes on the system shall be a maximum of 2 inches w.c. The flame arrester shall be constructed with a cast aluminum housing with aluminum flame element. The flame arrester shall be manufactured by Groth, Varec, Enardo, or City approved equal. The flame arrester shall be provided with pressure monitoring such that both flare backpressure and "flare plus flame arrester" backpressure can be monitored. 2. Flare Shutdown Valve: A minimum 12 inch pneumatically -operated butterfly valve shall be provided, equipped with a 316 stainless steel disk, stem and Teflon seat. The operator shall be provided as a spring -fail -close device and shall close when directed by a logic in less than 2 seconds. 3. Mass flow measurement device manufactured by Fluid Components International, LLC; Sage; Thermal Instruments; Kurz Instruments, Inc.; or City approved equal. The output from this device shall be converted to a 4- 20mADC signal and transmitted to the PLC for flow input into digital chart recorder. 4. Flare Stack: The flare mast shall have the following properties and accessories: a. The flare stack shall be fabricated from A53 -B carbon steel pipe. The stack shall be self-supporting by an A-36 base ring or structural members with pre- engineered bolt holes sized for stack diameter, height, and wind load. b. The inlet shall be a 90° entrance into the stack. c. The inlet shall project a minimum of 10 inches from the stack and terminate with a 150# ANSI FFSO flange inlet to which the flame arrestor assembly shall be attached. d. The inlet nozzle shall contain one (1) 1/2" FNPT connection on the top of the nozzle for a temperature switch to be mounted. e. A carbon steel inclined floor plate at least 4" below the lowest part of the inlet connection shall be seal welded to the interior of the stack with one (1) 1" 3000# FNPT connection located as a low point drain connection above the inclined plate, on the down slope side. f. The flare mast assembly shall include provision for mounting local junction boxes, ignition transfer box, and propane pilot gas train components. g. The flare mast shall include "uni-strut" type mounting accommodation for the installation of conduit and piping as is required to service the upper levels of the flare assembly. 5. Flare Tip and Shroud: The flare tip assembly shall have the following properties and accessories: a. The flare tip shall be a minimum length of 5 feet, 304 stainless steel, schedule 10S pipe of the same diameter as that of the carbon steel flare stack. b. The flare tip shall be continuously welded to the carbon steel flare stack with a 309 stainless steel weld. c. The flare tip shall incorporate integral flame retention for increased flame stability. d. The flare shroud shall be fabricated from 309/310 stainless steel. The piping shall have attached a minimum of three continuously welded stainless steel attachment supports for the stainless steel shroud. e. The flare shroud shall be designed to induct the proper amount of air into the flame zone for stable combustion throughout the flow range. The free net nozzle area shall be such that the velocities specified in 40 CFR §60.18 are satisfied within the ranges of the specified loading rates. f. The flare tip shall have two (2) type K thermocouple assemblies with 310 stainless steel sheathing. Each thermocouple shall be located such that it detects the main flame throughout the entire design operating range. 6. Pilot Assembly: The pilot assembly shall have the following properties and accessories: a. The pilot shall be spark ignited. b. The spark plug shall be located in a position that is not considered a "low point," which can collect water. c. The pilot shall consist of an ignition rod internal to the pilot assembly and shall be weatherproof such that rain or condensation will not cause the ignition rod to "arc out" in a location other than the pilot tip. d. The arc (spark) that ignites the flare pilot shall be located at the pilot tip, such that the base of the pilot flame is directly adjacent to the arc (spark). e. The pilot shall consist of a cast iron self-inspirating capable of achieving the air/gas mixture required for proper pilot flame stability. The educator shall have a windshield around the inlet air opening such that a cross -wind will not affect the operation of the pilot. f. The gas inlet connection to the pilot educator shall be 1/2" FNPT. g. The pilot tip shall be made from stainless steel and shall be positioned such that the main flare tip is ignited easily. h. The enclosure for the ignition transformer shall meet NEMA 4 criteria and shall receive the 120 VAC power and hi -tension conduits. 7. Finish: High temperature primer over sand -blast prepared metal. Sand blasting shall be to SPC SP -6 guidelines. Stainless steel portions do not require coatings. D. Flare Seguence of Normal jAutomatic Model Operation: 1. With the PILOT, SHUTDOWN VALVE, and BLOWER mode switches in the "AUTO" position, turn the FLARE SYSTEM switch from "OFF" to "AUTO". 2. The pilot solenoid valve opens and the spark igniter energizes for up to 1 minute (adjustable) to ignite the pilot gas. 3. The blower starts following and operator -adjustable time delay and pilot proved indication. 4. The safety shutdown valve begins to open following an adjustable time delay after the blower has started. 5. LFG is presented to the burner, and normal operation is achieved. 6. If flare fails to reach normal operating temperature within an adjustable time delay, the system experiences a shutdown, and after an adjustable time delay has elapsed, begins a re -light attempt. The operator may select the number of re -light attempts prior to a "FLAME FAILURE" shutdown. 7. Should the inlet valve fail to close upon logic or manual operator selection demand, the system shall shutdown send a signal to annunciate "inlet Valve Fail." This shutdown shall require operator attention for remediation and manual restart. 8. The flare system may be operated in the "AUTO VACUUM", "AUTO FLOW RATE" or "AUTO TIMER" modes of operation. In the "AUTO TIMER" mode, the operator can select the "ON Time -of -Day" and "OFF Time -of -Day" inputs. In the "AUTO PRESSURE" mode, the operator can select the option to run the "AUTO VACUUM" mode concurrently, as well as "FLARE" mode standby auto and auto timer mode. These operational modes, as well as other control conditions and set -points are selectable on the "Touch Screen" operator interface device mounted on the front of the control panel. 1.7 Gas Handling System A. The Gas Handling System shall be equipped with the components described, including all piping and valves for a complete and operational system. B. Performance and Design Requirements: 1. The gas handling system shall be fabricated with two 2,000 SCFM blowers and Variable Frequency Drives (VFD), including piping, valves, primary demister, and any other necessary incidentals thereto. The skid shall be fabricated, including PLC programming and necessary input and output modules to allow the installation of a third 2,000 SCFM blower and VFD by the same manufacturer at some time in the future. 2. LFG blower(s): Blowers shall be designed for use with and in the presence of LFG. The blowers shall be VFD, multi -stage centrifugal devices, with cast iron ends and sections, and aluminum cast impellers. The blowers shall be designed with a highly effective shaft seal, and shall be designed for direct - coupled VFD controlled applications. The blowers shall be capable of exerting at least 60 -inch water column (WC) vacuum at the suction side, and shall deliver at least 20 -inch WC positive pressure, including all system parasitic restrictions, throughout the full design range of this specification. The blower end and sections shall be provided with a protective Heresite coating. 3. Motor: The blowers shall be furnished with a 60 Hertz, 3-phase, 480 volt, TEFC enclosures, squirrel -cage induction motors with 1.15 minimum service factors, and shall be factory mounted with the blowers. The motors shall be rated for service with a VFD. Motor HPs shall be sufficient to operate the blowers throughout their design ranges. a. Variable Frequency Drive 1VFD1: i. VFDs suitable for control of the blower/motor assemblies shall be provided. The VFDs shall be capable of controlling the blower motors by either a manually selected speed control or by a 4-20 mADC signal provided by the flow rate or landfill vacuum monitoring system(s). ii. The VFDs shall be equipped with line reactors and 480V surge protection to prevent damage due to power fluctuations and sudden loss of power. iii. iii. The operator shall be able to select a desired LFG flow rate or landfill vacuum at the operator interface console (Touch Screen), and the VFDs will automatically control the blower speed to maintain vacuum or flow. b. Accessories: i. The blowers shall be furnished with vibration sensors, mounted on or near the driven end bearing housing assemblies of the blowers, and shall develop an output of 4-20 mADC representative of in/sec vibrations from the blowers. The PLC shall accept this signal, and shall process the signal for touch screen display as well as adjustable alarm and shutdown levels. ii. Stainless steel valves and tubing (appropriately sized) shall be installed on the bottom of the blowers to drain condensate. c. Installation: All piping will be supported to preclude the possibility of exerting undue forces and moments on the blower flanges. Suitable flexible connectors will be furnished to isolate the blower from the piping system. Each unit shall be mounted flat and level on the gas handling system steel main skid. d. Experience: The blowers shall be manufactured in the United States. Compressor manufacturers shall have a minimum five years' experience in 1 the design and manufacture of this type of equipment and have a minimum of 25 operating installations in the United States. e. Acceptable Manufactures: 1. Atlas Copco 2. Hibon (Ingersoll Rand) 3. Continental Blower, LLC. 4. Gardner Denver/Lamson 4. Primary Demister Filter: The demister filter enclosure shall be completely fabricated from high-density polyethylene (HDPE), 304L stainless steel, or other City approved material. It shall be of a vertical, cylindrical design with element removal from the top. The top shall be a flanged top with stainless steel QED Easy Bolts. Nozzle flanges shall meet ANSI 125# specifications. The demister shall be able to remove 100% of droplets > 10 micron and shall also remove Particulates having a density equal to or greater than water which are > 10 micron in size. 5. At the design flow rates, temperatures and pressures, the demister shall not have a clean pressure drop greater than 2 in. WC. The demister/filter vessel shall be capable of withstanding no less than 80 in. WC vacuum. a. Demister/Filter Elements: The demister/filter pad elements shall be manufactured from polypropylene fiber and woven pads. Over 90% of the fiber shall be perpendicular to the flow of the gas. There shall be three groups of pads. Each group of pads shall have the following number of layers, gauge size fibers and percent void space: 15t - 4 layers/37/97; 2nd — 5 layers/16/96; and 3rd — 4 layers/8/96. b. Condensate Removal: There shall be a minimum 2 -inch IPS flange connection in the bottom of the filter for condensate removal. c. Pressure drop monitoring There shall be two minimum -sized 'A -inch pipe couplings in the side of the filter, one each upstream and downstream of the filter element material, for the purpose of connecting a differential pressure monitoring device. The vessel shall be provided with a differential pressure gauge installed with valving for isolation and atmospheric calibration. d. The demister/filter system shall be equipped with a level switch for monitoring high condensate level in the base of the vessel. e. Experience: Demister/Filter assemblies shall be manufactured in the United States. Manufacturers shall have a minimum of 5 years' and shall have a minimum of 10 units operating successfully on LFG in this country. f. The demister/filter assembly shall be located, installed and pre -plumbed on the gas handling system skid. 6. Butterfly Valves: Butterfly Valves in the gas piping shall be gear operated, lug type, cast iron -bodied valves with Buna resilient seats and stainless steel disc and shaft. No Part of the cast iron body shall be in contact with the LFG. The shaft seals shall be designed for the LFG service. Valves shall be selected for a minimum pressure of 50 PSIG. At a minimum, appropriately sized butterfly valves shall be installed in the suction and discharge piping to proposed blowers. 7. Check Valves: Check valves shall be water type, double door, aluminum - bodied, with Buna seats, Technocheck 5412 or City approved equal. Check valves shall be installed on each blower discharge. 8. Piping: All piping on the gas handling skid shall be of a material sufficient for imposed loads and heat radiation from the flare (HDPE, schedule 10 304L stainless steel, or City approved material). The same specification shall apply to tees, elbows, wyes, etc., except that carbon steel flanges may be used provided the piping is provided with welded stainless steel stub ends. All flanges shall conform to ANSI 125# drilling specifications. All welding of piping and appurtenances shall conform to the appropriate applicable material specifications. 9. Flexible Connectors: System piping shall be provided where required to relieve expansion and/or vibration stresses with rubber flex connectors, connected to the stainless steel flanges using stainless steel backup rings and bolts. At a minimum, these devices shall be employed at the inlet and outlet of each blower. 10. Packaging: The complete gas handling system shall be designed and manufactured as a pre-packaged, pre -plumbed, pre-conduited, pre -wired and factory pre -tested system. 11.Structural Skid: The structural skid shall be manufactured from ASTM A-36 structural members. The sizes, weights and shapes of the structural members shall be engineered to support all assemblies and sub -assemblies in loading, transport and operation. Design, criteria for the structure(s) shall be 130 mph wind overturn loading (IBC, Inland I, Corpus Christi, Texas) and zone 4 seismic loading. All welding shall be accomplished per American Welding Society Section 1.1. 12. Gauges and Instrumentation Transmitters ( Transducers: Where direct read-out pressure gauges are required, Dwyer Capsuhelic or City approved equal shall be employed, and shall be selected in appropriate ranges and/or scales. Where analog transmitters / transducers are required for installation on the system process piping or in the control panels(s) for compliant control, such transducers shall be provided and installed as 2 -wire, 4-20 mADC devices. Pressure, vacuum and differential pressure transducers shall be provide as ITT/Barton, Rosemount, Honeywell products. For temperature signals, thermocouple type sensing devices selected for the appropriate temperature ranges are acceptable, with the thermocouple EMF signals processed in the system PLC. The minimum required list of devices for this system are: a. Landfill vacuum gauge. b. LFG temperature gauge, 4-1/2" dial. c. Landfill vacuum transmitter. d. Demister differential pressure gauge. e. Common blower discharge pressure gauges. f. Common blower discharge temperature gauges, 4 1/2 dial. g. Blower inlet bearing vibration transmitters. h. Flame arrester pressure gauge and thermocouple. 13. Combination Methane and Oxygen Analyzer: A LANDTEC / QED GA3000 PLUS or City approved equal combined package, providing continuous measurement of percent oxygen, carbon dioxide and total volume percent methane shall be installed. Methane and carbon dioxide detection occurs with a microprocessor based analyzer utilizing dual wavelength, non -dispersive infrared absorption. Oxygen detection occurs with a microprocessor based analyzer utilizing a micro -fuel cell. The unit shall be field configurable and with 4-20 mA output signals and interposing relays for any alarm or recording interfacing. 14.Two Field Methane and Oxygen Analyzers: LNOTEC or City approved equal. 1.8 Control Panel Instrumentation, and Operational Logic A. General: The control panel for the system shall be compliant with NEMA 12/3R specifications at a minimum. The panel shall be equipped with a sun/rain shield that extends 3 feet from the panel on the door side and 2 feet from each end of the panel. The control panel shall be fully pre -wired to the extent possible by the Contractor. The complete control system shall be specifically designed for the performance of the electrical and logical control requirements of this project. The control panel shall bear the official UL label confirming UL classification as a "Flame Control Panel". The panel shall include at a minimum, but not be limited to, the following components. 1. A load center for all motors, fixtures, controls, and devices included with the system. The electrical system shall include voltage transformer9s), disconnects, main and branch circuit protectors and any other protection and/or control devices required for complete operation of the system based on a single electrical service supply of 480 VAC, 3 -Phase, 60 Hz. 2. Panel Temperature Control: The electrical motor control panel(s) and/or the logical control panels shall be provided with thermostatically controlled heating and cooling systems as required to provide proper operation of all motor control and logical supervisory control sub -systems. 3. A PLC based control center (CompactLogix or City approved equal) to receive all the signals from the various safeties, controls and monitoring equipment, and to automatically control all the various components of the system. The PLC system shall be capable of Ethernet communication. The PLC system shall be connected to a remote telemetry system, such that the control system can be viewed remotely by authorized personnel. The PLC shall be capable of being integrated with a future landfill gas -to -energy facility to be installed in the future. 4. An operator interface panel (OIP), C -More EA9-T6CL or City approved equal to allow either manual or automatic selection for the control of the operational components of the system (set point changes, status, alarms, shutdown indications, etc.). Such operator interface shall be provided as a "Touch Screen", shall have Ethernet and USB capabilities, and shall be fully compatible with the PLC and shall be designed for industrial duty application. 5. A Yokogawa FX1006 digital process order City approved equal capable of collecting, accumulating, storing and presenting digital records (flare flow, temperature, vacuum, discharge pressure, and two spares) of monitored systems shall be installed by the Contractor. The device shall also have Ethernet capability for remote monitoring, internal storage capacity of 400 MB, capability to save to a compact flash memory card. The process recorder shall be connected to the PLC. 6. One (1) 8 -port managed Ethernet Switch (N-TRON) 708TX or equal) shall be installed within the control panel. All devices will be programmed to a common IP mask and network prior to delivery. 7. Safeties: The system shall be equipped with the following safeties as a minimum: a. Blower motor over -current and vibration. b. Blower motor undercurrent (surge). c. Flame failure. d. High condensate level for demister. e. Control panel 120v surge protection and universal power supply (UPS) for control panel and associated components. 8. Control Panel Face Mounted Devices: The system shall be equipped with the following control panel face mounted devices as a minimum. a. Remote telemetry system comprised of one (1) FleetZoomFZ400 or City approved equal, including monitoring services for one year. This device must be capable of transmitting up to 14 digital inputs, 10 analog inputs and 4 digital outputs. PLC shall provide necessary outputs for connection to the FZ400 10 analog inputs. Some of these inputs may be shared outputs to the digital chart recorder. b. Alarm and shutdown message annunciation (touchscreen display) c. Load center circuit breakers as required for full system operation. d. Blower selector switch. e. Test/Off/Auto switch for the blowers. f. Test/Off/Auto switch for the system. g. Open/Closed/Auto switch for the flare shutdown valve. h. Flame failure annunciation for the flare (touch screen). i. Shutdown valve failure annunciation (touch screen). j. Low LFG flow rate annunciation (touch screen). k. Test/Off/Auto switch for the pilot ignition system. I. Flame failure reset. 1.9 Start-up and Testing A. Factory Test 1. The entire system, including all controls shall be tested at the Contractor's plant before shipment. Complete test reports shall be made available to the City which shall show all system controls operate correctly prior to shipment. B. Start-up 1. The Contractor shall furnish a factory trained Technician and Operations Engineer, if necessary, for a minimum of 3 days of start-up demonstration and testing, in accordance with Scope of Work Part G. Personnel training shall be performed on the 3rd day of the start-up demonstration and testing. The Technician will remain on site until start-up of the system has been completed to the City's satisfaction. C. Functional and Validation Tests 1. Upon completion of the installation functional and validation tests shall be performed by the Contractor with the assistance of the Installer. The Contractor shall demonstrate compliant operation of the systems to the City's satisfaction, including but not limited to sensor, instrumentation, electrical components, mechanical components, etc. Should the system NOT perform to the requirements of this specification, the expense of any re -testing, if required, will be borne by the responsible entity (i.e., either Installer or the Contractor), as determined by the City. D. Instructions 1. When all required approvals of this portion of the work have been obtained, and at a time designated by the City, the Contractor shall thoroughly demonstrate to the City and selected representatives of the City the operation and maintenance of all items installed under this specification. 2. The instructions shall be separate from the installation, start-up, and equipment adjustment services. 1.10 Work Site and Conditions The work shall be performed at the Cefe Valenzuela Landfill located at 2397 County Road 20, Robstown, Texas (Entrance at the intersection of Farm to Market Road 2444 and County Road 20). 1.11 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. Attachment B: Bid / Pricing Schedule CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 184 Landfill Gas Blower / Flare for the Cefe Valenzuela Landfill Date: P71 :2 1 /.249/ (17_ �J Au lho(ized Bidder: l �rneJ 1/c 45 7nC, Signature PAGE 1 OF 1 L Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. Cost includes all work outlined in the scope of work including start-up and testing. 3. In submitting this bid, Bidder certifies that: a. The prices in this bid have been arrived of 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. Item Description UNIT QTY Total Price 1 Landfill Gas Blower / Flare LS 1 S ) 7 I , /-175. G4 Attachment C: Insurance Requirements 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 $2,000,600 Aggregate $1,000,000 Combined Single Limit AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased 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. 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. FI. 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 Utilities Gas Flare Delivery 10/26/2016 my Risk Management Attachment C: Bond Requirements No bond required for the Service Agreement Attachment D: Warranty Requirements The equipment to be free from defects in material or workmanship for 18 months from date of notification to ship or 12 months after start-up whichever occurs first. 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. Parnel Biogas Inc Tulsa, OK 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: 2017-150819 Date Filed: 01/05/2017 ,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. 951 Landfill Gas Flare Blower Project Name of Interested Party City, State, Country (place of business) Parker, Jeff Tulsa, OK United States 5 Check only if there is NO Interested Party. a AH-IDAVIT Nature of interest (check applicable) Controlling Intermediary x Notary PYNia State of Oklahoma CASEY CLUMP TULSA COUNTY COMMISSION Comm, x�t0t10 AFFIX NOTARY STAMP / SEAL ABOVE I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Si e of authorized agent of contracting business entity Sworn to and subscribed before me, by the said ' f ' Pet r ]� , this the .. 11) day of0.1, h 20 ' 7 , to certify which, witness my hand and seal of office. Signature of cer administers g oath �4S C/im 1J w Gcco&nt- Rcp Printed name of cer administerin oath Title of officer administering oath Forms provided by Texas Ethics Commission www. ethics.state.tx. us Version V1.0.277 Gas Collection and Control System (GCCS) and Landfill Flare Council Presentation January 24, 2017 feline 1 er 2007 Description of Events Cefe Valenzuela Landfill opens. 2008 First NMOCs report showed calculated emissions rate <50Mg/yr. First NMOC testing showed NMOC emission rate <50Mg/yr. ) NMOC testing showed NMOC emission rate <50Mg/yr. Results were valid for 5 years 5 NMOC testing showed NMOC emission rate 050Mg0}rr. Project included in CIP. 2016 SCS/City personnel met to begin gas system planning. 016 6 Design proposal further refined. Design contract in place, final schedule formalized to meet design, bidding, procurement, and construction milestones. Surface Scan performed to confirm one last time the results. 2016 Gas System Designs and bid package completed. er 2016 Pre-bid held to kick off construction of GCCS. Bids went out for Flare fabrication. er 2016 Bids came in for GCCS construction and Flare fabrication. NMOC=Non-Methane Organic Compound ssues with Developing Landfill Gas -to -Energy Jse at Cefe ndfill Gas-to- ergy Use Current Issues with Developing at e e rbon Credits ctric Generation edium-Btu Gas tura) Gas oduction hicle Fuel (CNG • Not available since gas system is required by rule and not voluntary • Carbon credits currently have little to no value in the U.S. • Cost to purchase equipment and generate green power from the combustion of landfill gas requires selling electricity for 6 cents kW/hr • In Texas, no more than "avoided cost" will be offered by utilities and this is currently under 4 cents kW/hr • Also, Texas has no rules allowing for "net metering," which would allow the City to offset their own usage through generation at the landf • State's renewal portfolio goals are met through wind generation • No close natural gas users (pipeline would be miles long making not economically feasible) • Natural gas prices are currently low (generally $2-$4 MMBtu spot pricing), companies are not interested in paying a premium to use "gre( gas" • Landfill gas requires cleanup for use in industrial boilers, etc. such that many businesses are not interested due to added maintenance ani other difficulties which further escalates the cost to use landfill gas • Millions in capital costs and specialized operating experience required to setup a refining facility to create natural gas from landfill gas • Cefe is not projected to be producing enough landfill gas for approximately 10 more years to justify consideration of this type of project • In the future, however, this may become a viable option since once the capital cost of the refining equipment is justified, developers can currently create renewable fuel credits and receive upwards of $20 MMBtu (current normal natural gas spot pricing is at $2-$4 MMBtu) • Same obstacles as for other natural gas uses, expensive equipment to refine landfill gas into compressed natural gas when natural gas pri are so low • City of Corpus Christi specifically has access to low natural gas prices from City utility • Better economics of refining into natural gas, placing in a natural gas pipeline, and creating a fuel credit transaction as shown above than direct vehicle fuel JS EPA Non-compliance Fines Fines are site specific complex formula. It is estimated that it could reach $5,000 per day and still be required to build the landfill Gas Extraction System. QU ESTI ONS? AGENDA MEMORANDUM Future Item for the City Council Meeting of January 24, 2017 Action Item for the City Council Meeting of January 31, 2017 DATE: December 21, 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: Lawrence Mikolajczyk, Director of Solid Waste Operations LawM@cctexas.com (361) 826-1972 Construction Contract and Professional Services Contract Cefe F. Valenzuela Landfill Gas Collection and Control System (Capital Improvement Project) Motion authorizing the City Manager, or designee, to execute a construction contract with Tri Con Works, LLC. of Houston, Texas in the amount of $1,019,690 for the Cefe F. Valenzuela Landfill (CFVL) Gas Collection and Control System (GCCS) for the total base bid and to execute a contract for Construction Phase Engineering and Quality Assurance Services with SCS Engineers, Inc. from Austin, Texas in the amount of $268,000 for full-time construction management. (Capital Improvement Project) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract and a professional services contract for full-time construction phase support on the CFVL GCCS. BACKGROUND AND FINDINGS: CFVL is the City's newest and only active landfill and is considered a Regional Landfill with the capacity to serve the Coastal Bend and other adjacent areas. CFVL has been in operation for 9 years, since the official closure of J. C. Elliott Landfill. As the incoming waste is managed and properly landfilled, it naturally decomposes and produces landfill gases, primarily methane. Methane is a greenhouse gas that is regulated by Environmental Protection Agency (EPA). (See Attached Contract with SCS Engineers) The GCCS consists of a series of vertical wells. The flare was procured by separate action to expedite the procurement of the flare, and to save overhead and markup expenses. SCS was previously selected to provide ongoing technical and administrative support for the City's two landfill operations and air compliance permitting. SCS will be providing full-time construction phase support throughout the project. On December 14, 2016, the City received proposals from five (5) bidders and the bid is as follows: Contractor Base Bid Tri Con Works, LLC Houston, Texas $1,019,690.00 American Environmental Group, LTD. Richfield, Ohio $1,374,325.00 CB&I Environmental & Infrastructure, Inc. Baton Rouge, Louisiana $1,397,740.00 Belair Builders, Inc. New Brighton, Minnesota $1,964,545.00 Landmarc Environmental System, LLC. Naperville, Illinois $1,348,762.80 Engineer's Estimate $1,525,360.00 ALTERNATIVES: 1. Authorize execution of a construction contract and a contract for professional services. (Recommended) 2. Do not authorize execution of a construction contract nor a contract for professional services. (Not Recommended) OTHER CONSIDERATIONS: The City currently flares the landfill gas at the closed J.C. Elliot (former municipal) Landfill. The City has attempted to develop a commercial gas to energy project at J.C. Elliot since 2005, but has not been successful due to the low market prices of gas. The flare assembly in this item is designed to allow for the development of a gas -to -energy project in future should it become economically feasible in the future. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. Conforms to FY 2016-2017 Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $2,500,000 $2,500,000 Encumbered / Expended Amount This item $1,287,690 $1,287,690 Future Anticipated Expenditures This Project 186,774 186,774 BALANCE $1,025,536 $1,025,536 Fund(s): Solid Waste Certificates of Obligation issued FY 2017. Comments: The remaining balance will be used for the Flare purchase and other Solid Waste capital expenses required throughout the year. RECOMMENDATION: SCS Engineers, and City staff, recommend award of a construction contract to Tri Con Works, LLC. in the amount of $1,019,690. Staff is also recommending a professional services contract with SCS Engineers, Inc. in the amount of $268,000 for construction oversight during installation of the Cefe Valenzuela Landfill Gas Collection and Control system. The award recommendation for construction is based on the determination that Tri Con Works, LLC. was the lowest responsive and responsible bidder. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract for Professional Services Presentation Form 1295 — Tri Con Works, LLC Form 1295 — SCS Engineers Letter of Recommendation PROJECT BUDGET ESTIMATE Cefe F Valenzuela Landfill Gas Collection and Control System PROJECT FUNDS AVAILABLE: Landfill CIP $ 2,500,000 TOTAL FUNDS AVAILABLE 2,500,000 FUNDS REQUIRED: Construction Fees 1,121,659 Construction (Tri Con Works) THIS ITEM 1,019,690 Contingency (10%) 101,969 Construction Inspection and Testing Fees 278,244 Quality Assurance Engineer (SCS Engineers) 268,000 Construction - Materials Testing Services (Estimate) 10,244 Design Fees 40,000 Engineering Design (SCS Engineers) 40,000 Reimbursement Fees 34,561 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) 12,908 Engineering Services (Project Mgt/Constr Mgt) 20,653 Misc. (Printing, Advertising, etc.) 1,000 TOTAL $ 1,474,464 * ESTIMATED PROJECT BUDGET BALANCE $ 1,025,536 * Will be used for the Flare purchase and other required Solid Waste capital expenses. Fetr ril Tierra Grande CR 20 Project Location FM 70 FM 2444 Corpus Christi LOCATION MAP NOT TO SCALE Chapman P. ri . #. Project Number: E16289 Cefe F. Valenzuela Landfill Gas Collection and Control System CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering Cefe Valenzuela Landfill Gas Collection and Control System Council Presentation January 24, 2017 Project Location �hrsti Engineering 2 Project Vicinity �hrsti Engineering North San Pedro Robstown Spring Garden -Terra Verde 0 La Palorna-Lost Greek 7i Tierra Grande Driscoll Petrrsaila CR 20 Cefe F. Valenzuela Landfill Gas Collection and Control System FM 70 FM 2444 Corpus Christi 358 Chapman Ranch Project Scope �hrsti Engineering • Cefe F. Valenzuela Landfill has been open for approximately 7 years. • Landfill gas production has exceed the regulatory threshold. • This project constructs a Gas Collection and Control System to comply with regulations. • The system will gather and flare gas produced by the landfill. • The Gas Collection and Control System must be in place and operational by the regulatory deadline of November 11, 2017. • Failure to meet the regulatory deadline result in non-compliance and daily fines. • The current compliance record at the landfill is spotless. 4 Project Schedule 4000 Corpus Chr sti Engineering 2016 2017 Jul Aug Sep Oct Nov Dec Jan Feb Bid/Award Mar] Apr May Jun Jul Aug Sep Oct L Construction B Project Estimate: Calendar Days 233 r.:', 8 Months CITY OF CORPUS CHRISTI CONTRACT FOR QUALITY ASSURANCE SERVICES FOR PROJECT E16289 Cefe Valenzuela Landfill Gas Collection and Control System 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 SCS Engineers, Inc., a Virginia corporation, 1901 Central Drive, Suite 550, Bedford, Texas 76021-5872, (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 Contract for Professional Services Page 1 of 11 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. Contract for Professional Services Page 2 of 11 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 $268,000. 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; Contract for Professional Services Page 3 of 11 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV — TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of years beginning on the Effcctivc Datc. The Agrccmcnt may be renewed for up to one year renewal-eptionc upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms an-€1-Gen-Glitlenc, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. Contract for Professional Services Page 4 of 11 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. Contract for Professional Services Page 5 of 11 Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE 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 Contract for Professional Services Page 6 of 11 Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 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 Contract for Professional Services Page 7 of 11 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. 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 Contract for Professional Services Page 8 of 11 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. 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. Contract for Professional Services Page 9 of 11 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re -use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 13.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement, attached as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 13.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/govern ment/city-secretary/conflict-disclosure/index. 13.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. Contract for Professional Services Page 10 of 11 13.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 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 SCS ENGINEERS, INC. J.H. Edmonds, P. E. Date David Mezzacappa, P.E. Director of Engineering Services Vice President 1901 Central Drive, Suite 550 Bedford, Texas 76021-5872 (817) 571-2288 APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST City Secretary Date Project Name Cefe Valenzuela Landfill Gas Collection and Control System Project Number E16289 Accounting Unit 3368-033 Account 550950 Activity E6289 01 3368 EXP Account Category 50950 Date Contract for Professional Services Page 11 of 11 Solid Waste Management Consultants and Contractors 1901 Central Drive Suite 550 Bedford, Texas 76021- 5672 817 571-2288 FAX 817 571-2188 www.scsengineers.com SCS ENGINEERS December 6, 2016 SCS Proposal No. 160184216 Mr, Ivan Luna City of Corpus Christi 1201 Leopard Street Corpus Christi TX 78401 (sent via email) Subject: Cefe Valenzuela Landfill — Corpus Christi, TX Proposal for Gas Collection and Control System (GCCS) Construction -Phase Engineering and Quality Assurance (CQA) Services Dear Ivan: Per your request, SCS Engineers (SCS) is pleased to provide the City of Corpus Christi (City) with this proposal for construction -phase engineering and CQA services for the GCCS construction project proposed at the Cefe Valenzuela Landfill (landfill), located in Corpus Christi, Texas. Construction -phase engineering and CQA services are described in detail below, but generally include a pre -construction survey of proposed landfill gas (LFG) extraction wells; laboratory testing of select materials; review of submittals, requests -for -information, laboratory test results, and pay applications; observation/documentation of drilling of landfill gas (LFG) extraction wells and installation of various materials, equipment, and concrete foundations; and preparation of a construction documentation report. As you know, based on our permitting and design experience for the Cefe Valenzuela and J.C. Elliot Landfills and CQA experience for GCCS construction for numerous landfills across the United States, including Texas, New Mexico, Louisiana, and Oklahoma, we are very qualified to perform the CQA services for this project. In particular our preparation of the GCCS Design Plan for the landfill and preparation of the construction plans, specifications, and bid documents for this GCCS construction project, will position our team for cost-effective performance of the CQA for this project. Based on the Contract Documents, entitled "Cefe Valenzuela Landfill Gas Collection and Control System (GCCS), Project Number E16289 (prepared by SCS, dated November 1, 2016), for the GCCS construction project, construction of the GCCS may take up to 203 calendar days for substantial completion and an allotment of 30 additional calendar days for final completion (although our fee estimate assumes 203 days for substantial completion and 14 days for final completion, based on our experience with this type of work). Therefore, our proposed fee estimate assumes construction will be performed over no more than ten (10) hours per day, Monday through Saturday (working day) for a up to 184 working days. As such, our proposal has been separated into the following tasks; • Task 1 — LFG Extraction Well Pre -Construction Survey; W\W\\Carpi 041a1\I 601 412 C4 GM LOW 12Oil bCal• GCC9 CG 9r+ga>-tlx Offices Nationwide Exhibit A Page 1 of 6 Mr. Ivan Luna December 6, 2016 Page 2 • Task 2 — Laboratory Services; • Task 3 — Engineer and Field CQA Services; and • Task 4 — Construction Documentation Report. Our proposed project team has significant experience m GCCS design; construction; operations and maintenance; and CQA. Our CQA team will be supervised by a Professional Engineer licensed in the State of Texas who will certify that the installation of the GCCS has been performed in accordance with the Contract Documents and nationally recognized industry standards. As indicated below, the Certifying Engineer on this project will be Ryan Kuntz, P.E., who was also the Design Engineer for development of the Contract Document, and has intimate knowledge of the project and design specifics. Our proposed CQA team will be comprised of the following personnel: Professional Land Surveyor: Soils Laboratory: Concrete Laboratory: Certifying Engineer: CQA Technician(s): SAM, Inc TEAM Consultants, Inc. Rock Engineering and Testing Laboratories Ryan Kuntz, P.E., SCS Engineers TBD, SCS Engineers Although not attached, our CQA team resumes can be made available upon request. SCOPE OF WORK The proposed scope of work is divided into four tasks. Based on our understanding of the project objectives, our proposed scope of services is detailed below. Task 1 — LFG Extraction Well Pre -Construction Survey SCS will provide a pre -construction survey of the proposed LFG extraction well locations. The pre -construction survey will be performed by a Professional Land Surveyor registered in the State of Texas subcontracted by SCS, to confirm ground surface elevations of the landfill gas (LFG) extraction wells. This survey will be performed one (1) week prior to construction or sooner if necessary to accommodate commencement of the drilling effort. The surface elevations obtained for the well locations will be used to finalize the well schedule for the project. This pre -construction survey will be reviewed and approved by the Certifying Engineer who is a Professional Engineer registered in the State of Texas. Task 2 - Laboratory Testing This task includes the performance and review of laboratory testing required during the project. Laboratory testing will be performed for material and properties required by the technical specifications for the project. WVraeaa.\ n. o.,&I ami 642,e nw CCc Ca.V s 20e!PCN. GCCS C .Smavd< Offices Nationwide Exhibit A Page 2of6 Mr. Ivan Luna December 6, 2016 Page 3 Consistent with the technical specifications, the following materials will require laboratory testing for verification of conformance with the technical specifications: • Well Aggregate (gradation and calcium carbonate content); • Base Aggregate, facility working surface aggregate (Atterberg limits, modified Proctor, soundness, abrasion, and gradation); • Coarse Aggregate, beneath concrete foundations (soundness and gradation); • Structural Fill (standard Proctor, gradation, and Atterberg Limits); • Cement Stabilized Sand Fill (gradation, Atterberg Limits, standard Proctor); and • Concrete (Compressive Strength). Additionally, this task includes the necessary field testing for verification of compaction requirements for the structural fill that will be placed for construction of the blower/flare facility soil pad and various materials for the road crossings of the main perimeter haul road. As such, SCS will subcontract a geotechnical consultant or perform using in-house technicians to perform in-place field density testing using a nuclear density gauge. Our fee estimate for this task assumes that soil at the blower/flare facility will placed within 3 days, and as such will require no more than three (3) trips for this testing. Additionally, our fee estimate for the road crossings assumes that no more than six (6) trips for testing will be necessary. Lastly, this task includes the necessary field testing of concrete for air content, water content, and slump and collection of concrete cylinders (7 -day, 28 -day, and archive cylinders) for compressive strength testing. Task 3 — Engineer and Field CQA Services This task includes Engineer and Field CQA services during the project. During construction, SCS will provide a qualified CQA technician to be onsite daily to observe and document construction, and to verify conformance with the construction plans and specifications. The CQA technician's responsibilities during drilling and completion of extraction wells will include the following: 1. Document and observe well construction for conformance to the approved construction plans and specifications. 2. Document and observe the waste composition, temperature, and decomposition level of waste removed from the wellbore. This information will be documented on well boring logs. 3. Document and observe that proper well depths, pipe types, backfill, backfill procedures, and well pipe lengths are consistent with the construction plans and specifications. This information will be documented on well installation records. a.rcn\foo�216.21e C.1. ctn ca0VI2O6. C.l._GC. cc. f...�o.d.. Offices Nationwide Exhibit A Page 3 of 6 Mr. Ivan Luna December 6, 2016 Page 4 4. SCS' CQA technician will have the capability to confirm well locations and elevations using GPS survey equipment, and re -stake wells if necessary due to any field adjustments made during construction. The CQA technician's responsibilities during the remainder of the project will include the documentation and observation of the following for conformance with the construction plans and specifications: 1. Materials, layout and installation of pipe, fittings, and valves associated with air supply, condensate forcemain, and header and lateral piping. 2. Soils, aggregate, cement stabilized sand, and road materials, placement, compaction, and grading for construction of blower/flare facility and road crossings. 3. Materials, layout and installation of concrete foundations. 4. Review, observe, and document pneumatic pipe pressure testing. 5. Equipment (blower, flare, and compressor) installation and connections, including electrical, propane ignition system, air supply lines, and condensate drains. The CQA technician will provide daily record location and elevation surveys of installed components and verify proper slopes and depths of piping prior to burial, as necessary, consistent with the construction plans and specifications. This work will be completed with GPS survey equipment. The survey equipment and CQA Technician will be capable of inversing slopes in the field to provide immediate verification of slopes to the Contractor. The survey equipment will be available for use on-site during all times that construction activities are ongoing. If field conditions require an adjustment to the well locations, piping or other materials/equipment, the Certifying Engineer will confirm what adjustments are needed, and coordinate accordingly with City, Contractor, and CQA Technicians. During construction, the Certifying Engineer or qualified representative will review and approve collected survey data on a weekly basis. Additionally, during construction the CQA Technician will prepare daily activity reports documenting conformance with the construction plans and specifications, which will be incorporated into the construction documentation report (Task 4). As described above, our fee estimate for Task 3 assumes a construction schedule of up to 184 working days for construction, performed over 10 hours per day, Monday through Saturday. Also, our fees for this task include applicable expenses for our CQA technicians, such as mobilization/demobilization, lodging/per diem, vehicle/mileage, and equipment (survey equipment). If the Contractor experiences any downtime in excess of three working days, additional mobilization/ demobilization charges may be necessary. Also, this task includes the supervision, project management, and construction -phase engineering services by the Certifying Engineer. This individual will make visits to the site to be familiar with the work and to review the gathered documentation of construction. The Certifying \wv,e,..d.\Conan \160.64216 b.. OC 3 CLAW:061644 G03 LOA .ax Offices Nationwide Exhibit A Page4of6 Mr. Ivan Luna December 6, 2016 Page 5 Engineer or qualified representative thereof will perform the construction -phase engineering services, which will include the following services: • Telephone calls among the City, Contractor, and/or CQA technician to answer questions and resolve issues. • Review and respond to all Contractor submittals and requests -for -information or clarifications. • Coordinate interpretations of construction plans and specifications. • Preparation of well boring logs and well completion records based on documented installation of LFG extraction wells. • Maintain files for correspondence, photographs, requests -for -information or clarifications, submittal responses, and other construction project related documentation. • Review and evaluate Contractor change order proposals (if any), pay applications, and final verification for measurement and payment. Our fee estimate for this task assumes that up to 6 hours/week for the Certifying Engineer or qualified representative thereof will be sufficient over the assumed project duration to complete the construction -phase engineering services. In addition to the above construction -phase engineering services, the Certifying Engineer or qualified representative will participate in bi-weekly project meetings by conference call, and attend up to eight (8) onsite inspections/meetings during the project, including a pre - construction meeting, ten (6) intermediate meetings/inspections; and a final inspection/walkthrough at substantial completion. Task 4 — Construction Documentation Report This task will include the preparation of a construction documentation report at the project. This report will include record drawings and surveys, including surveying of extraction wells, piping at 50 -foot intervals or less for pipe inflections, fittings, and valves, concrete foundations, and other infrastructure installed during the course of the project. The construction report will include a project overview, record survey, results of lab and field testing, LFG extraction well boring logs and installation records, daily reports, and photographs taken during construction. The narrative portion of the report will list project participants, construction milestone dates, and provide a description of issues encountered during construction or areas that may warrant attention in the future. A draft (electronic PDF format) of the construction report will be emailed to City within three (3) weeks of field work completion for review. Up to three (3) final hard copies for the site's records and electronic PDF will be submitted within two (2) weeks after receiving comments. The final report will have any edits per comments from City addressed, and will be sealed by a professional engineer registered in the State of Texas. W\5flV pnelACerp. 0.101\E CD E 842 I n WE OCCS COA Vl2O010C.f. OCCS GOA S.r.ue..da Offices Nationwide Exhibit A Page 5 of 6 Mr. Ivan Luna December 6, 2016 Page 6 FEE AND SCHEDULE In view of the well-defined nature of Tasks 1 and 4, SCS proposes to perform the services for Tasks 1 and 4 on a fixed fee (lump sum) basis. In order to remain flexible to adapt to field conditions and uncertainties associated with construction, SCS proposes to perform the services for Tasks 2 and 3 and on a time -and -materials basis. SCS' proposed fees for this project are shown in the following table. Task ID Task Description Proposed Fee 1 LFG Extraction Well Pre -Construction Survey $4,500 2 Laboratory Testing $12,000 3 Engineer and Field CQA Services $245,500 4 Construction Documentation Report $6,000 Total $268,000 Time -and -material fees for Tasks 2 and 3 will be billed consistent with the attached fee schedule. It is recognized that the above tasks fees are estimates and may be adjusted during the performance of the project, but the overall project budget will not be exceeded without prior approval of the City. Regarding the project schedule, SCS is ready to proceed upon approval and can meet the staffing and scheduling requirements as needed to accommodate this project. CLOSING SCS appreciates the opportunity to provide this proposal for CQA services to the City. Please contact Ryan Kuntz, P.E. at (817) 358-6117 if you have any questions or comments. Sincerely, Ryan Kuntz, P.E. Project Director SCS ENGINEERS MVO \ Pre pud.\Cerp. Or. \160164216 COI C.CCS CQ.\P1206I,C ,. fCCS baa Sen....dee 420;,1 David Mezzacappa, P.E. Vice President SCS ENGINEERS Offices Nationwiclr: Exhibit A Page6of6 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees 71 M aux c0 7' CD a — rt o - h 03 PROJECT NAME Project No. EXXXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 $0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0% 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% $0 $0 $0 $0 $0 $0 $0 0% EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE ($/h r) 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. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 EXHIBIT C Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (001) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1 Rev 07/16 Exhibit C Page 1 of 3 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit 2 Rev 07/16 Exhibit C Page 2 of 3 hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 3 Rev 07/16 Exhibit C Page 3 of 3 SUPPLIER NUMBER TO BE ASSIGNED BY CITY- PURCHASING DIVISION rr►,r� City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and defmitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: FIRM IS: 1. Corporation 4. Association CITY: ZIP: 2. Partnership 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each ` employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 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 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 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 the above named "firm." Name Consultant N/A EXHIBIT "D" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g - "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "D" Page 2 of 2 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 Exhibit F Page 1 of 14 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 Exhibit F Page 2 of 14 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 Exhibit F Page 3 of 14 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 Exhibit F Page 4 of 14 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 Exhibit F Page 5 of 14 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 Exhibit F Page 6 of 14 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 Exhibit F Page 7 of 14 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 Exhibit F Page 8 of 14 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 Exhibit F Page 9 of 14 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 Exhibit F Page 10 of 14 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 Exhibit F Page 11 of 14 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 Exhibit F Page 12 of 14 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 Exhibit F Page 13 of 14 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 Exhibit F Page 14 of 14 Solid Waste Management Consultants and Contractors 1901 Central Drive Suite 550 Bedford, Texas 76021- 5872 817 571-2288 FAX 817 571-2188 www.scsengineers.com SCS ENGINEERS December 21, 2016 SCS Project No. 16216087.00 Mr. J. H. Edmonds, P.E. Director of Engineering Services City of Corpus Christi PO Box 9277 Corpus Christi, Texas 78469-9277 Subject: Cefe Valenzuela Landfill Gas Collection and Control System (GCCS) City Project No. E16289 Bid Evaluation Dear Mr. Edmonds: SCS Engineers (SCS) is pleased to provide the City of Corpus Christi (City) our bid evaluation for Cefe Valenzuela Landfill Gas Collection and Control System (GCCS). This bid evaluation is based on the bids and qualification statements provided to SCS by the City of Corpus Christi Engineering Services following the Bid Opening on December 14, 2016 for the referenced project. The following is a summary of the bid evaluation: • A total of five bids were received by the City at the Bid Opening. The five bids ranged from $1,019,690.00 (low total base bid) to $1,964,545.00 (high total base bid) including Parts A (General) and B ($100,000 Allowance). A bid (Landmarc Environmental Systems LLC.) was deemed non-responsive for not providing a signed Bid Acknowledgement Form. For your review, a copy of the Bid Tabulation and Bid Proposal Review Results is provided in Attachment 1 and 2, respectively. • Tri Con Works L.L.C. (Tri Con) of Houston, Texas is the apparent low bidder on the project. Tri Con tendered a low total base bid of $1,019,690.00 for the referenced project. This total base bid amount includes Parts A (General) and Part B ($100,000 Allowance). Additionally, there were no errors, omissions, or irregularities found on the submitted bid. • Tri Con has landfill GCCS construction experience and meets the minimum qualifications stated in the bid documents. • SCS has contacted references submitted by Tri Con in accordance with Section 00 45 16 — Statement of Experience (Attachment 3), and the references gave overall good recommendations for their work on the respective construction projects. Additionally, SCS has had an overall good experience working with Tri Con on similar projects. M:\Proj\Waco\16215113...\Task 18... \ Bid Phase\Bid Recommendation\L122016 Cefe Valenzual LF Bid Recommendation Mr. J. H. Edmonds, P.E. December 21, 2016 Page 2 Therefore, based on the above bid evaluation, SCS recommends that Parts A (General) and B ($100,000 Allowance) for the City of Corpus Christi Cefe Valenzuela Landfill Gas Collection and Control System (GCCS) be awarded to Tri Con Works L.L.C. for a total contract amount of $1,019,690.00. If you have any questions or need additional information regarding our bid evaluation, please feel free to contact Ryan Kuntz, P.E. at (817) 358-6117 or Brett DeVries, E.I.T. at (817) 358-6110. Sincerely, 46) 13ructit Ryan Kuntz, P.E. Proj ect Director SCS ENGINEERS TBPE Registration No. F-3407 Brett DeVries, E.I.T. Senior Staff Professional SCS ENGINEERS Enclosures: Attachment 1 — Bid Tabulation Attachment 2 — Bid Proposal Review Results Attachment 3 — Tri Con Works L.L.0 Section 00 45 16 — Statement of Experience M:AProj ACorpus Christi \16216087.00... \Bid Phase ABid Tab \L122016 Cefe Valenzual LF Bid Recommendation ATTACHMENT 1 TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES- CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ryan Kuntz, P.E. -SCS Engineers DATE: Friday, December 16, 2016 ENGINEERS ESTIMATE: $1,525,360 TIME OF COMPLETION: 203 Calendar Days CefeValenzuda Landfill Gas Collection and Control System)GCCS) CITY PROJECT NO. 616289 Opinion of Probable Construction Cort Tri Con Work; LLC. 1211 Hollywood St. Houston, TX 17135 American Environmental Group, LTO. 30 Brecksville Rd, Suite 100 Richfield, 01194286 CM! Ervironmerrcal&Infrartrueure, Ina 9171 Essen Lane Baton Rouge, 7809 Belair Builderz, Inc d/b/a Belair Stemork Services 2200 Old Highway 8 NW Nem Brighton, MN 55112 Landman Environmental Systems LLC.' 1616 Bond St, Suite TCG Naperville, IL 60563 ITEM DESCRIPTION I UNIT I 'c":1 I.. UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL PART RAL AMobilllEation Al LS $ 75,000.00 $ 75,000.00 $ 28,000.00 $ 28,000.00 $ 63,000.00 $ 63,000.00 63,780.00 63,780.00 $ 202,846.00 202,846.00 $ 25,000.00 $25,000.00 A2 Vertical LFG Extraction Wells (6 -inch HOPE) VF 1,650 85.00 $ 140,250.00 65.00 $ 107,250.00 90.00 $ 148,500.00 70.00 115,500.00 111.00 183,150.00 90.00 $148,500.00 Well Abandonment VF 300 50.00 $ 15,000.00 24.00 $ 7,200.00 30.00 9,000.00 23.00 6,900.00 15.00 4,500.00 45.00 $13,500.00 Trench Safety LF 1,050 20.00 $ 21,000.00 5.00 $ 5,250.00 1.00 1,050.00 11.00 11,550.00 7.00 7,350.00 10.25 $10,762.50 2 -inch Dia. Vertical Wellhead EA 26 900.00 $ 23,400.00 920.00 $ 23,920.00 750.00 $ 19,500.00 725.00 $ 18,850.00 $ 3,400.00 $ 88,400.00 $ 1,000.00 $26,000.00 A6 2 -inch HOPESDR 9 Air Supply Line (Common Trench) LF 5,550 $ 2.70 $ 14,985.00 $ 2.00 $ 11,100.00 $ 2.50 $ 13,875.00 $ 2.00 $ 11,100.00 $ 2.50 $ 13,875.00 $ 3.00 $ 16,650.00 27 2 -inch HOPE SOR SSingle-Contained Condensate Forcemaln (Common lateral Trench) T LF 1,150 $ 250 $ 2,875.00 $ 2.00 $ 2,300.00 $ 2.50 $ 2,875.00 $ 2.00 $ 2,300.00 $ 2.80 $ 3,220.00 $ 3.00 $ 3,450.00 AE 3 -inch HOPE SOR 11 Single�ntained Condensate Forcemaln (Common Header TTrench) LF 4,000 $ 3.00 $ 12,000.00 $ 3.00 $ 12,000.00 $ 3.00 $ 12,000.00 $ 2.50 $ 10,000.00 $ 3.00 $ 12,000.00 $ 3.50 $ 14,000.00 3 -inch HOPE 3DR 11 Single -Contained Condensate Forcemaln (Seperate Trench) LF 200 $ 15.00 $ 3,000.00 $ 12.00 $ 2,400.00 $ 29.00 $ 5,800.00 $ 16.00 $ 3,200.00 $ 22.00 $ 4,400.00 $ 16.00 $ 3,200.00 Al 3 -inch 3DR 11 x 6 -inch 3DR 11 HOPE Dual -Contained Condensate Forcemain Trench) lF 450 $ 2600 $ 9,000.00 $ 11.50 $ 5,175.00 $ 21.00 $ 9,450.00 $ 11.00 $ 4,950.00 $ 16.00 $ 7,200.00 $ 19.50 $ 8,7/5.00 AS 3 -Inch 3DR 11 x 6 -inch 3DR 11 HOPE Dual -Contained Condensate ain(Sepaate Trench) LF 650 $ 00 $ 22,75600 21.00 $ 13,650.00 32.00 $ 20,800.00 32.00 20,800.00 41.00 26,650.00 29.50 $19,175.00 6 -Inch HOPE 3DR 11 lateral LF 3,150 20.50 $ 64,575.00 20.00 $ 63,000.00 18.00 $ 56,700.00 20.00 63,000.00 47.00 148,050.00 22.00 $69,300.00 8 -inch HOPE 3DR 11 Header Pipe LF 2,300 30.00 $ 69,000.00 21.00 $ 48,300.00 24.00 $ 55,200.00 22.00 50,600.00 29.00 66,700.00 27.00 $62,100.00 18 -inch HOPE 3DR 11 Header Pipe LF 2,400 85.00 $ 204,000.00 48.00 $ 115,200.00 58.00 $ 139,200.00 55.00 132,000.00 60.00 144,000.00 67.50 $162,000.00 flinch HOPE 3DR 11 Header Pipe LF 1,650 131.00 $ 216,150.00 76.00 $ 125,400.00 100.00 $ 165,000.00 83.00 136,950.00 110.00 181,500.00 116.00 $ 191,400.00 AS24-inch HOPE 3DR 26 Header Pipe LF 450 $ 125.00 $ 56,250.00 $ 72.00 $ 32,400.00 $ 81.00 $ 36,450.00 $ 300.00 $ 135,000.00 $ 76.00 $ 34,200.00 $ 106.00 $ 4],]00.00 222sembly 2 -inch Condensate Air Supply Isolation and Blowoff Valve As EA 5 $ 00 $ 0 $ 00 $ 0 $ 0 $ 0 $ 00 $ 0 $ 00 $ 0 $ 00 $5,500.00 Condensate For7maln Isolation Valve Assembly EA 5 $ 1,500.00 $ 7,500.00 $ 1,310.00 $ 6,550.00 2,000.00 $ 10,000.00 1,100.00 5,500.00 1,950.00 9,750.00 1,600.00 $8,000.00 8 -inch Isolation Valve (Gear Operated) EA $ 2,000.00 $ 2,000.00 $ 1,850.00 $ 1,850.00 2,300.00 2,300.00 1,600.00 1,600.00 9,015.00 9,015.00 $ 2,500.00 $2,500.00 flinch Isolation Valve (Gear Operated) EA $ 7,500.00 $ 7,500.00 $ 3,800.00 $ 3,800.00 6,500.00 6,500.00 4,500.00 4,500.00 9,500.00 9,500.00 $ 7,000.00 $7,000.00 18 -inch Isolation Valve(Gear Operated) EA $ 14,400.00 $ 28,800.00 $ 8,900.00 $ 17,800.00 12,000.00 $ 24,000.00 10,500.00 21,000.00 19,200.00 $ 38,400.00 $ 14,000.00 $ 28,000.00 A22 24 -inch Isolation Valve(Gear Operated) EA 2 $ 18,000.00 $ 36,000.00 $ 19,500.00 $ 39,000.00 $ 19,000.00 $ 38,000.00 $ 16,500.00 $ 33,000.00 $ 29,600.00 $ 59,200.00 $ 22,500.00 $ 45,000.00 2271847060880881861700 Single-Contained&Pump (CS4) EA $ 15,000.00 $ 15,000.00 $ 18,500.00 $ 18,500.00 $ 20,000.00 $ 20,000.00 $ 15,000.00 $ 15,000.00 $ 37,300.00 $ 37,,300.00 $ 17,900.00 $ 17,000.00 22E,and flinch Single -Contained Condensate Sump & Pump (CST, CS -2, CS -3) EA $ 2 0 $ 75,00600 $ 24,800.00 $ 74,400.00 27,00600 $ 81,000.00 $ 26,000.00 $ 78,000.00 $ 38,000.00 114,000.00 $ 24,300.00 $72,900.00 12 -inch CMP Road Crossing LF 155 65.00 $ 10,075.00 33.00 $ 5,115.00 125.00 $ 19,375.00 180.00 27,900.00 127.00 19,685.00 43.00 $6,665.00 18 -inch CMP Road Crossing 70 75.00 $ 5,250.00 39.00 $ 2,730.00 100.00 7,000.00 140.00 9,800.00 225.00 15,750.00 68.00 $4,760.00 36 -inch CMP Road Crossing LF 70 200.00 $ 14,000.00 55.00 $ 3,850.00 275.00 $ 19,250.00 375.00 26,250.00 270.00 $ 18,900.00 100.00 $7,000.00 A28 Installation of Blower/Flare and Compressor IS 1 $ 50,000.00 $ 50,000.00 $ 24,750.00 $ 24,750.00 $ 70,000.00 $ 70,000.00 $ 57,000.00 $ 57,,000.00 $ 11,808.00 $ 11,808.00 $ 65,574.05 $ 65,574.05 A29 Blower/Flare Facility Site Preparation/Grading/Foundations IS $ 0 $ 100,000.00 $ 41,500.00 $ 41,500.00 90,000.00 $ 90,000.00 $ 127,000.00 127,000.00 128,747.00 128,747.00 $ 45,719.33 $ 45,719.33 A30 Electrical Hookup of Blower/Flare and Compressor LS $ 56,000.00 $ 56,000.00 $ 24,000.00 $24,000.00 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 2 $44,056.92 A31 Seeding and Fertilizer IS 1 $ 2,500.00 $ 2,500.00 $ 2,400.00 $ 2,400.00 $ 9,000.00 $ 9,000.00 $ 2,925.00 $ 2,925.00 $ 5,400.00 $ 5,400.00 $ 2,900.00 $ 2,900.00 222 15 HP Rotary Screw Air,Oil/Water Separator, Pad, Interconnecting Piping, and 12,12Dryer, eCover 12 1 $ 35,000.00 $ 35,000.00 $ 27,500.00 $ 27,500.00 $ 30,000.00 $ 30,000.00 $ 26,190.00 $ 26,190.00 $ 100,450.00 $ 100,450.00 $ 41,500.00 $ 41,500.00 A33 Crain Link Security Fence and Gates(Single-and Double -Swing) IS $ 18,000.00 $ 18,000.00 $ 15,000.00 $ 15,000.00 24,000.00 $ 24,000.00 16,975.00 16,975.00 $ 18,145.00 $ 18,145.00 $ 15,275.00 $ 15,275.00 A34 Propane Tank and Interconnecting Piping IS 1 $ 6,000.00 $ 6,000.00 $ 3,500.00 $ 3,500.00 $ 4,500.00 $ 4,500.00 $ 2,340.00 $ 2,340.00 $ 20,235.00 $ 20,235.00 $ 7,000.00 $ 7,000.00 SUBTOTAL PART A(ITEMSA1 to A3a) $ 1A25,360.e0 $ 919,69000 $ 1,279,225.00 $ 1,29774000 $ 1,864,545.90 $ 1,24876280 PART -Allowances 811Allowance 1 LS 1 1 1$ 100,000.001$ 100,000.001$ 100,000.001$ 100,000.001$ 100,000.001$ 100,000.001$ 100,000.001$ 100,000.001$ 100,000.001$ 100,000.001$ 100,000.001$ 100,000.00 SUBTOTAL PART ALLOWANCES(ITEMB1) $ 100,000.00 $ 100,000.00 $ 100,000.00 100,000.00 100,000.00 100,000.00 TOTAL PROJECT BASE BID (PARTS A AND B) $ 1,525,360.00 $ 1,019,690.00 $ 1,379,325.00 $ 1,39),)90.00 $ 1,960,595.00 $ 1,348,762.8) 1 The bid has been deemed nonresponsive for not providing a signed Bid Acknowledgement Form, and has been provided for Information purposes only. ATTACHMENT 2 ENGINEERING DEPARTMENT - BID PROPOSAL REVIEW RESULTS Project Name/No.: Project Mgr.: Consultant: E16289 Cefe F. Valenzuela Landfill Gas Collection and Control System Brian Bresler, PE Ryan Kuntz, PE—SCS Engrs Bid Date: Wed — 12/14/16 Const Est: $1,526,000 Cal Days: 203 Addenda: 01 # Bid Proposals Received: 05 Reviewed By: SyLviavAv'viacw Date: Dece i.b r 14, 2016 Any bid proposal submittal found to contain an error, omission or irregularity will be forwarded to the City Attorney for further review. Contractor: Tri Con Works LLC 1211 Hollywood Houston, TX 77015 American Environmental Group Ltd dba Environmental Group of Ohio LLC 3600 Brecksville Rd Richfield, Ohio 44286 CB&I Environmental & Infrastructure, Inc. 4171 Essen Lane Baton Rouge, LA 70809 Landmarc Environmental Systems LLC 1316 Bond St #108 Naperville, IL 60563 Belair Bldrs Inc dba Belair Sitework Services 2200 Old Hwy 8 NW New Brighton, MN 55112 Bid Bond: yes yes yes yes yes POA: yes yes yes yes yes Proposal Signed: yes yes yes no yes Acknowledge Addenda: yes yes yes Yes yes Non Resident Bidder: yes yes yes yes yes Disclosure of Interest: Yes yes yes yes yes Non Collusion: yes yes yes yes yes Comments: Bid pkg included SOE (HC) n/a (HC) n/a (HC) Bidder did not sign proposal, missing page 5 of Bid Acknow. Form n/a pg. 1 Attachment 3 00 4516 STATEMENT OF EXPERIENCE ARTICLE 1— REQUIREMENT TO PROVIDE A STATEMENT OF EXPERIENCE 1.01 To be considered a responsive Bidder, the three lowest Bidders must complete and submit the Statement of Experience within 5 days after the date Bids are due to demonstrate the Bidders' responsibility and ability to meet the minimum requirements to complete the Work. Failure to submit the required information in the Statement of Experience may result in the Owner considering the Bid non-responsive and result in rejection of the Bid by the Owner. The Bid Security of the Bidder will be forfeited if Bidder fails to deliver the Statement of Experience in an attempt to be released from its Bid. Bidders may be required to provide supplemental information if requested by the Owner to clarify, enhance or supplement the information provided in the Statement of Experience. 1.02 Bidders must provide the information requested in this Statement of Experience using the forms attached to this Section. A copy of these forms can be provided in Microsoft Word to assist with the preparation of the Statement of Experience. Information in these forms must be provided completely and in detail. Information that cannot be totally incorporated in the form may be included in an attachment to the form. This attachment must be clearly referenced by attachment number in the form, and the attached material must include the attachment number on every sheet of the attachment. The attachment must include only the information that responds to the question or item number to which the attachment information applies. 1.03 The Bidder may also be required to supply a financial statement, prepared no later than 90 days prior to the City Engineer's request, signed and dated by the Bidder's owner, president or other authorized party, specifying all current assets and liabilities. ARTICLE 2 — EXPERIENCE REQUIREMENTS 2.01 The Bidder agrees that, in addition to determining the apparent low Bid, the Owner will consider the responsiveness of the Bids and the responsibility of the Bidders in awarding a Contract for this Project. Information that indicates the Bidder or a Subcontractor is not responsible or that might negatively impact a Bidder's ability to complete the Work within the Contract Time and for the Contract Price may result in the Owner rejecting the Bid. 2.02 If none of the three apparent low Bidders are deemed responsible, the Owner may notify the next apparent low Bidders in order, who will then be required to submit the Statement of Experience for review, until a Contract is awarded or all Bids have been rejected. 2.03 The Bidder is responsible for the accuracy and completeness of all of the information provided by the Bidder or a proposed Subcontractor In response to this Statement of Experience. 2.04 Provide general information about the organization as required in Table 1. Describe the organizational structure of the Bidder's organization as it relates to this Project in Table 2. 2.05 Provide resumes for the key personnel that will be actively working on this Project. A. Key personnel include the Project Manager, Project Superintendent, Safety Manager and Quality Control Manager. If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role, and the percentage of their time that will be devoted to each role. If the individual is not to be devoted solely to this Project, indicate how that individual's time is to be divided between this Project and other assignments. B. The Bidder may provide resumes for an alternate individual if the Bidder is not able to commit to one individual for the Project at the time the Bid is submitted. Qualifications of these individuals will be considered in determining whether the experience of the Bidder meets the minimum requirements. The Bidder must provide the services of the proposed key personnel for the life of the Project as a condition of Statement of Experience 00 45 16 -1 Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 Attachment 3 qualification. Failure to provide the proposed Key Personnel may result in the disqualification of the Bidder and may void the award of the Contract. C. Provide information for each primary and alternate candidate that includes: technical experience, managerial experience, education and formal training and a work history which describes project experience, including the roles and responsibilities for each assignment. Additional information demonstrating experience that meets the minimum requirements should also be included. D. The Project Manager and Project Superintendent must have at least 5 years of recent experience in the management and oversight of projects of a similar size and complexity to this Project. This experience must include scheduling of manpower and materials, safety, coordination of Subcontractors, experience with the submittal process, Federal and State wage rate requirements and contract close-out procedures. The Project Superintendent is to be present at the Site at all times that Work is being performed. Foremen must have at least 5 years of recent experience in similar work and be subordinate to the Project Superintendent. Foremen cannot act as a superintendent without prior written approval from the Owner. E. To be considered a responsible bidder, the General Contractor and Subcontractor(s) shall demonstrate that they have experience with the construction and installation of landfill gas collection and control systems at municipal solid waste (MSW) landfills. The Contractor shall have performed a minimum of 10 similar projects requiring the construction and installation of landfill gas (LFG) vertical extraction wells, blower and flare, below -grade LFG header and lateral piping, and condensate sumps and pumps. In the event that a Subcontractor(s) is conducting a portion of the work, the experience criteria is applicable to that role. 2.06 Provide information on the project experience and past performance of the organization. A. Provide information on projects that have been awarded to the Organization in the last 5 years in Table 3. Attach additional pages if necessary. Experience must include the satisfactory completion of at least five similar projects within the last 5 years for the Bidder's organization that are equal to or greater in size and magnitude than the current Project. B. In determining the responsibility of the Bidder, the Owner will consider the Bidder's past projects and any substandard quality of workmanship on completed projects. The Owner will consider whether the Bidder's past project experience shows substandard quality of workmanship, issues related to a substandard appearance of the completed work, the amount of warranty or rework required, problems with durability and maintainability of the completed project, and problems with the lack of quality of documentation provided. In addition to the work produced, the Owner may consider issues related to the quality of construction practices, responsiveness to the owner's needs during construction, an inability to work in the spirit of partnering and any non -responsiveness of the Bidder to make warranty corrections. Information to make this determination will come from Owner's interviews with references provided for this project. By listing reference contact information in this Statement of Experience, Bidder indicates its approval for OPT to contact the individuals listed as a reference. ARTICLE 3 — SAFETY EXPERIENCE REQUIREMENTS 3.01 The Bidder agrees that pursuant to Section 252.0435 of the Local Government Code, the Owner will consider the safety record of the Bidder prior to awarding contracts. The Owner has adopted the following written definitions and criteria for determining the Bidder's safety record. 3.02 The Bidder's safety record will be used to determine if the Bidder can be deemed responsible. 3.03 Provide general information about the safety record of the organization as required in Table 4. A. For purposes of providing this information, the following terms shall have the following meanings: Statement of Experience 00 45 16 - 2 Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 Attachment 3 1. "Bidder" includes the firm, corporation, partnership, or other legal entity represented by the Bidder or anyone acting for such firm, corporation, partnership, or other legal entity submitting the bid. 2. "Citations" include notices of violation, notices of enforcement, suspension/revocation of state or federal licenses or registrations, fines assessed pending criminal complaints, indictments, convictions, administrative orders, draft orders, final orders, and judicial final judgments. Notice of Violations and Notice of Enforcement received from the TCEQ shall include those classified as major violations and moderate violations under the TCEQ's regulations for documentation of Compliance History, 30 Texas Administrative Code, Chapter 60.2 (c) (1) and (2). 3. "Environmental Protection Agency" includes, but is not limited to the Texas Commission on Environmental Quality (the "TCEQ"), the United States Environmental Protection Agency (the "EPA"), the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers, the Texas Department of State Health Services, the Texas Parks and Wildlife Department, the Structural Pest Control Service, agencies of local governments responsible for enforcing environmental protection laws or regulations, and similar regulatory agencies of other states of the United States. B. In determining the responsibility of the Bidder, the Owner will consider the following in regards to Table 4: 1. Whether the Bidder's response in reveals more than two (2) cases in which final orders have been entered by the Occupational Safety and Health Review Commission (the "OSHRC") against the Bidder for serious violations of Occupational Safety and Health Administration ("OSHA") regulations within the past five (5) years. 2. Whether the Bidder's response reveals more than one (1) case in which Bidder has received a citation or for which final orders have been entered from an environmental protection agency for violations within the past five (5) years. 3. Whether the Bidder's response reveals that the Bidder has been convicted of a criminal offense or has been subject to a judgment for a negligent act or omission, which resulted in serious bodily injury or death, within the past ten (10) years. C. The Owner may consider the responses to each question in Table 4 separately when determining the responsibility of the Bidder. The Owner may also consider the cumulative impact of the information generated by the Bidder's responses. ARTICLE 4— PROVIDE INFORMATION TO DEMONSTRATE THE ABILITY OF THE BIDDER TO PROVIDE SUBCONTRACTING OPPORTUNITIES THAT WILL MEET THE OWNER'S ESTABLISHED GOALS FOR MINORITY, MBE, AND DBE PARTICIPATION IN THE PROJECT. LIST ALL WORK TO BE PERFORMED BY QUALIFIED MINORITY, MBE AND DBE -PROPOSED SUBCONTRACTORS OR SUPPLIERS IN TABLE 5. INCLUDE PERCENTAGES OF WORK SUBCONTRACTED TO EACH TO DEMONSTRATE COMPLIANCE WITH OWNER'S STATED GOALS.STATEMENT OF EXPERIENCE REQUIREMENTS 4.01 Provide one printed copy of the Statement of Experience using the referenced tables and narrative descriptions as described in Article 2. Pages are to be 8-1/2 x 11 pages using a minimum font size of 10. A limited number of 11 x 17 sheets may be used, and must be folded to the size of an 8-1/2 x 11 page. 4.02 Provide a digital copy of the Statement of Experience in Portable Document Format (PDF) on a CD, portable drive, or other digital recording device. This digital copy is to include all information required to evaluate the Bid and should match the content of the printed copy of the Bid. When creating the digital copy: A. Create PDF documents from native format files. B. Rotate pages so that the top of the document appears at the top of the file when opened in PDF viewing software. Statement of Experience 00 45 16 - 3 Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 Attachment 3 C. Submit PDF documents with adequate resolution to allow documents to be printed in a format equivalent to the original documents. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. D. Submit color PDF documents if color is used in the printed version of the documents. Statement of Experience 00 4516 - 4 Cefe Valenzuela Landfill — Gas Collection and Control System, Project No, E16289 Rev 06-22-2016 Attachment 3 Table 1- Organization Information Organization doing business as: Tri Com WOKS, L1 -C, Business Address of Principal Office Ill 1 l+g l ki wond Si-. Rous -fon f 110t c Telephone No. Website II WNW. tri wo rKt. carr. Form of Business (check one) ill Corporation 0 Partnership • Individual jt_C. If a Corporation State of Incorporation T'ex,a s Date of Incorporation it- 2 3 . lot `'1 l Chief Executive Officer's Name President's Name Fj i „ n htn s Vice President's Name(s) Co- Prf s i ai�-k &arts W. Srn,+1, Secretary's Name Geo -10W .SAA.A.,.(-t.,, Treasurer's Name 5Ci,p-iJ . 1-1-, Sryu f, If a Partnership Date of Organization Form of Partnership: • General 0 Limited If an Individual Name Ownership of Organization List of companies, firms, or organizations that own any part of the organization. Names of Companies, Firms, or Organizations Percent Ownership Tri Cor. tkoldims r, c . IGD "ip 1.T Organization History List of names that this organization currently, has, or anticipates operating under including the names of related companies presently doing business. Names of Organizations From Date To Date Tr r Con Works , LLC. 04 1 or frf C,lcrre Tri Con I/Vork.s, L 1° 12/23 f 7 D3/.'f pit Indicators of Organization Size Average number of current full-time employees 7o Average estimate of revenue for the current year $ /S MM Statement of Experience Cefe Valenzuela Landfill - Gas Collection and Control System, Project No. E16289 004516-5 Rev 06-22-2016 Attachment 3 Table 1— Organization Information Organization doing business as: 771 6011 Works , I.LC. Previous History with City of Corpus Christi List the 5 most recent projects that have been completed with the City of Corpus Christi. Project Name Year 1 (!Q -e. E Vat zv.elcL LW'44 (i gm—U.15 CUni.ve(s;4 of Texas tlria.sito) 2013 2 3 4 5 Construction Site Safety Experience Provide Bidders Experience Modification Ratio (EMR) History for the last 3 years. Provide documentation of the EMR. Year 2O1(0 EMR ,t1 Year 2,015 EMR ,fie Year 2.014 EMR /1/ Previous Bidding and Construction Experience Has Bidder or a predecessor organization been disqualified as a bidder within the last 10 years? List Projects below and provide full details in a separate attachment if yes. NO Has Bidder or a predecessor organization been released from a bid or proposal in the past 10 years? List Projects below and provide full details in a separate attachment if yes. 10 Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? List Projects below and provide full details in a separate attachment if yes. )t0 Has Bidder or a predecessor organization been involved in claims or litigation involving project owners within the last 10 years? List Projects below and provide full details in a separate attachment if yes. u0 Have liens or claims for outstanding unpaid invoices been filed against the Bidder for services or materials on any projects begun within the preceding 3 years? Specify the name and address of the party holding the lien or making the claim, the amount and basis for the lien or claim, and an explanation of why the lien has not been released or that the claim has not been paid if yes. NO Statement of Experience Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 004516-6 Rev 06-22-2016 Attachment 3 Table 2 — Project Information Organization doing business as: TI Cor. Works. u.C. Proposed Project Organization Provide a brief description of the organizational structure proposed for this project indicating the names and functional roles of proposed key personnel and alternates. Provide resumes for Project Manager, Superintendent, Safety Manager and Quality Control Manager. Position Primary Alternate Project Manager &IA. m gushy • IZay►vtoriI dalc&vwicz, Superintendent 1?U,IOCK Uihrt's Mair -in. Safety Manager LAtAa. Sus 4t,litip flush:" Quality Control Manager �/ I _' Kyle. Wa.LKir gD I_ nian 6b60). .5 Division of work between Bidder and Proposed Subcontractor and Suppliers Provide a list of Work to be self -performed by the Bidder and the Work contracted to Subcontractors and Suppliers for more than 10 percent of the Work (based on estimated subcontract or purchase order amounts and the Contract Price). Description of Work Name of Entity Performing the Work Estimated Percentage of Contract Price 6Orltxt-Q T8 D /. 5 See_oLing TBD , 0t °lo Fence. 7a b I. 57, Flearica( Fisher COmmuncudions 2% Subcontractor Construction Site Safety Experience Provide Experience Modification Ratio (EMR) History for the last 3 years for Subcontractors that will provide Work valued at 25% or more of the Contract Price. Provide documentation of the EMR. Subcontractor 'Mr) Year EMR Year EMR Year EMR Subcontractor Year EMR 1 Year EMR Year EMR Statement of Experience Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 004516-7 Rev 06-22-2016 Attachment 3 Table 3 - Projects Awarded during the Last 5 Years Organization doing business as: T-1' Cort t VCyk, , LI,C Project Information Project Name 20110 Lpad417/ eau Coiled n SysieM & dnsion Pvvjec# Description elver B;ra, 1.4.4411 Witt -Al 6i06 t ecpa n /On f nc&&att:.5 11.11 "J Reference Contact Information Project Owner RiYer Etrc G. 1 Ll,l✓ Jik it Progress Name/Title -rota iiti, o'Son Telephone 50. 43`. I21�g Email "rr cko150n @r(VPr�012h LG.Com Project Designer jgjo4ef Whorl CE.c (%C�,riSo4 Eiw ro,vnt, IGA Cmi ttir..f') , Project Budget and Performance Original Contract Price n�-�1 i 1911 090.00 Final Contract Price n TSD # Contract Days P} # Days Late 0 Issues/Claims/ Litigation: 1� R. Project Information Project NameS LG t2 LOnle3AnCQ Description rJ L' l Sjs-let t Reference Contact Information Project Owner jfpSor'tOturthiau.(l.titnj ab(( ail ith tA> Name/Title tdIR -'"_ d `""'� "J Telephone J Email helco@iowaklet Den. NI+ Project Designer C.J. Lme 3oginetr Letrla,< Eli tonstt 4nAls , j Project Budget and Performance Original Contract Price st1g4, `1 14.00 Final Contract Price �} 1°Z1)21411(7 .80 # Contract Days 30 # Days Late l� V Issues/Claims/ Litigation: MORE. Project Information Project Name 2uii 1%�o 5 %$ -Epctn-Son Description It.t Rt.Bior.a t t..au.ds;41 LAnd "(t Cm. Gaptft,Sfon Reference Contact Information Project Owner Ntx* -TexasMui `"+ t r W his-fr c,± gill ((_ �""" Telephone Email }o -f .con - Project Designer Min MtfirtQs , most,. tOr is. (anis 4rroit Project Budget and Performance Original1l,,,, Contract Price // QMM Ul��v, 3�1,W Final Contract Price 2Q��-' )j 5a0, 3(] #Contract Days 11c # Days Late 0 Issues/Claims/ Litigation: NDOt Statement of Experience Cefe Valenzuela Landfill - Gas Collection and Control System, Project No. E16289 004516-8 Rev 06-22-2016 Attachment 3 Table 3 — Projects Awarded during the Last 5 Years — Not including City of Corpus Christi Projects Organization doing business as: 11l Cc, VVoae.6 , 1,4t, Protect Information Project roja.clei Rio (,AnclA1( Ph0.Se Z Name lUIrciftill bras 0014 -tion S S-4Qrri Description Cada AAAfio LaEi[( CEOS Ceft2clia- S6S-teM Reference Contact Information Project Owner k ,,�"�" 1 �f� 0{ s 0. Fe' Sait+i Solid him Manta" terifu Name/Title R t. Ki er,brock, SFS1JIvtft I KC�ta..five �lrot or u J p � Telephone r Email (k1epenkw-pcx e Sfs turn R.. Oral Project Designer fttelat {L, 3C S A ineer3 J Project Budget and performance J Original Contract Price n/ 0 11V(0161 R(, Final Contrail Price 'a �+ 17.7 LI jq, 55 # Contract Days 3 (1 # Days Late 0 Issues/Claims/ Litigation: Nita Project Information Project Name 201(p G -GCS EY-fans/on c�AI1 estAC0ln4,ij f pcsoi, LLC bahleDescription S^a'' 00(em,44/1 Mil.( acts Ejcptntion Reference Contact Information Project Owner Sou>pseyt l(o C I at. (flii651,, i NC) Name/Title Daitd Peeper Telephone Email david, feieer�.l,�roS4-e lit�,w+ ,s , 4101 -,Project Designer John r4rr(A Aon 1 atlt.l' .1tird ; Zit - Project Budget and Performance Original Contract Price tt yip `(Tq. (p O Final Contract Price (O % 4( . 3' # Contract Days # Days Late Issues/Claims/ Litigation: Nom, Protect Information Project Name iammitr Floe Convow•.JL Pal° VivaIM&(( Description I*alr+4 VieN Luelk Reference Contact Information Project Owner 411j��()C UAW (tssO '() Name/Title 0:00(/6 Telephone Email .( A@ Caja lanvvnr. or9 Project Designer 1)(tSAA VitkALCAL8 VioaVPl £Ot 1,( ztA,* &rail Project Budget and Performance Original Contract Price $2/1 (Q 12. oo Final Contract 1,0 n a /. 1� Price zici 612, 00 #Contract Days G0 # Days Late 0 Issues/Claims/ Litigation: Statement of Experience Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 004516-9 Rev 06-22-2016 Attachment 3 Table 3 - Projects Awarded during the Last 5 Years - Not including City of Corpus Christi Projects Organization doing business as: 1—re CO r% WO c.$, UZ Project Information Project Name ektc to C.*ftriG-fion S y'km Imp rONenv "ta Description G ibe..wk. Li fiaNktil Enc4ritaiiv, S jSfer., Reference Contact Information Project Owner (Id Kivet' It.e6�iDriG.1, i ,,; t� � Name/Title - Telephone Email Vv1rlAtn*vte SrriAra . Com► Project Designer C 3. Lyle €r LonG.r gylgU'1A.2at3 1^Al�tafrAtal Project Budget and Perfor ance VU Original Contract Price r _ 4191)1/ tli0v Final Contract Price k I% 1116.00 # Contract Days 7 0 # Days Late Litigation: Issues/Claims/ Litigation: ' 1 1 \ Project Information Project Name LAMM( Qo.S Coithatior+ O— Cohtrol Su�Sk wsr o %r C l;le Li -Description (11165414- (.6l..cl4:Lt I (s Gt)IC n 04 Gctrnl gyS r Reference Contact Information Project Owner C,�,-kij pf G-6cla„4. (TY-') Name/Title -re re sa Sivitk-i, Snit - r Arum., 116.41cs 1 ban ics @ 3 ar l e.4•A- . Solo Telephone q12.- /DS • 2,142.A Email C] -} wit i-N,,t'd G�ar(a.Kal x.. D / Project Designer i C_ J J W iw lsia4- �{S &O� (� r � Project Budget and Performance Original Contract Price �} W p n� I Io (Q W ,O3 Final Contract Price I 19_I y'�� .017 # Contract Days G D # Days Late d Issues/Claims/ Litigation: 1\10� a Proiect Information Project Name 2O16 Carzd ULI GX s StiS+ers, OonS�4rut1-:.� i Description kah •SitGAS (`,O�ItS-itstai.. t br�+<<'Reference Contact Information Project Owner was* molk zsw -j- of -r 1.S, c, Name/Title 'Nit Dwi ca r ?Can @A,ttt'L.Cot`^- Jo L4A-9 Telephone 512_ $2'3• Q$13 Email st+9E ha,.Lpm_ Project Designer J Project Budget and Performance Original Contract Price 41,373, 61 1"; Final Contrail Price �O Y II 1 Til, # ract Days ,WO #CateDays Issues/Claims/ Litigation: . Moa. Statement of Experience Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 00 45 16 -10 Rev 06-22-2016 Attachment 3 Table 4 — Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: TR CQh Worts, LLG Bidder's Safety Record and Experience Has the Bidder received any Citations for violations of OSHA within the past five (5) years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes. The full details must include the type of violation or offense, the final disposition of the violation or offense, if any, and the penalty assessed. 64114 -ion - MI5 2.1 2-o1S 67s7/ Oa -hosed. lluSfv..,7) 77o7e See ch -,d. Has the Bidder received any Citations for violations of environmental protection laws or regulations within the past five (5) years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes. The full details must include the type of violation or offense, the final disposition of the violation or offense, if any, and the penalty assessed. IVO Has the Bidder, within the past ten (10) years, been convicted of a criminal offense or been subject to a judgment for a negligent act or omission, which resulted in serious bodily injury or death? List convictions or judgments below and provide full details in a separate attachment if yes. Io The Owner will consider the following information as additional support to make a determination as to the responsibility of the Bidder. The Bidder must answer the following questions and provide evidence that it meets minimum OSHA construction safety standards and has a lost time injury rate that does not exceed the limits established below: 1 Does the Bidder have a written construction safety program? Yes o No 2 Does the Bidder conduct regular construction site safety inspections? Yes o No 3 Does the Bidder have an active construction safety training program? Yes o No 4 Does the Bidder, or affected subcontractor, have competent persons in the following areas (as applicable to the scope of the current Project): A. Scaffolding Yes ❑ No o N/A B. Excavation Yes ❑ No o N/A C. Cranes & Hoists Yes o No o N/A D. Electrical Yes o No 0 N/A Statement of Experience Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 00 45 16-11 Rev 06-22-2016 Attachment 3 U.S. Department of Labor Inspection Number: 1061819 Occupational Safety and Health Administration Inspection Date(s): 05/06/2015 - 05/08/2015 Issuance Date: 05/21/2015 Citation and Notification of Penalty Company Name: Tri Con Works, LLC Inspection Site: 5757 Oats Rd., Houston, TX 77078 Citation 1 Item 1 Type of Violation: Serious 29 CFR 1926.403(b)(2): Listed, labeled, or certified equipment was not installed and used in accordance with instructions included in the listing, labeling, or certification: The employer does not ensure that listed or labeled electrical equipment is used or installed in accordance with listing or labeling. This violation occurred on or about April 30, 2015, at the McCarty landfill where employees were exposed to explosion and fire hazards when using a 2-6 McElroy fusion machine (SN: C35529) in electric mode to face a high density polyethylene (HDPE) pipe in the presence of methane gas. Pursuant to 29 C.F. R. 1903.19, within ten (10) calendar days of the abatement date, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure that listed or labeled electrical equipment is used or installed in accordance with listing or labeling. ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM Date By Which Violation Must be Abated: Proposed Penalty: 06/03/2015 $4410.00 Joann J. Figueroa Area Director See pages 1 through 4 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and Notification of Penalty Page 6 of 8 OSHA -2 Attachment 3 CERTIFICATION OF CORRECTIVE ACTION WORKSHEET Inspection Number: 1061819 Company Name: Tri Con Works, LLC Inspection Site: 5757 Oats Rd., Houston, TX 77078 Issuance Date: 05/21/2015 List the specific method of correction for each item on this citation in this package that does not read "Corrected During Inspection" and return to: U.S. Department of Labor — Occupational Safety and ':ealth Administration, 690 S. Loop 336 West, Suite 400, Conroe, TX 77304 Citation Number / and Item Number / was corrected on fl -7 1/ Z d /S By (Method of Abatement): SE I V rAL A{Cb Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): I certify that the information contained in this document is accurate and that the affected employees and their representatives have been informed of the abatement. Signature Typed or Printed Name Title Date NOTE: 29 USC 666(g) whoever knowingly makes any false statements, representation or certification in any application, record, plan or other documents filed or required to be maintained pursuant to the Act shall, upon conviction, be punished by a fine of not more than $10,000 or by imprisonment of not more than 6 months or both. POSTING: A copy of completed Corrective Action Worksheet should be posted for employee review Citation and Notification of Penalty Page 5 of 8 OSHA -2 1211 Hollywood St. Houston, TX 77015 1 Attachment 3 P: 713-453-8654 F: 713-330-9240 Detailed Information Concerning Proper Fusion of HDPE Pipe in Hazardous Conditions Tri Con Works, LLC would like to start off by saying that each and every hazardous condition performed using a fusion weld can be different in some form or fashion. So in describing the proper procedure to safely complete an HDPE weld, where methane gas is present, there are multiple ways of doing so, depending on the situation. Tying into existing gas systems where methane gas may be present is done numerous times on a typical landfill gas expansion, so this is not just an occasional event. It's actually a Targe part of the typical scope of work. As always, safety is of utmost important during these operations. First and foremost, Tri Con will continue to train its employees on the safety aspects in dealing with methane gas and fusion processes. This is accomplished through continuous training during Monday morning safety meetings, Continuing education, post -incident industry reviews, etc. Tri Con will continue to monitor the fusion work area(s) with multi -gas meters, to ensure a safe work environment. If unsafe gas levels are detected, we will immediately cease operations in that area. Then we will assess the situation and take all necessary measures to provide a way to complete the required task(s) in a safe manner. This can be achieved by simply relocating the work area to a safer place, if possible. Sometimes this can be achieved by simply relocating the fusion process to a safer place. If sufficient wind conditions aren't favorable, those occasions may require supplying additional ventilation to the fusion area which can be provided by various types and sizes of fans, blower systems, etc. After safe working conditions have been confirmed to have been restored and are being maintained, work will be resumed in a process appropriate for the new conditions. To safely resume hazardous operations, we must make certain there is no gas flow from the existing, installed pipe(s) under construction. This can sometimes be accomplished by closing valves flowing into the line under construction while using the existing vacuum system from either a flare or gas plant to maintain adequate vacuum on the fusion work area during the fusion process. In other situations the pipes carrying the gas may need to be closed by temporarily inserting an inflatable pneumatic pipe plug into each of the pipes while bolt type flanges are fused onto each of them. Another way to stop the flow of gas from open pipes under construction is to "pinch" them closed, using either manually or hydraulically operated "squeeze - off' tools which then allow the pipes under construction to either be fused directly together or by fusing flanges to each of them. In any of the situations described above, manually powered or hydraulically powered pipe -facing machines could be used to smooth the ends of the HDPE pipes prior to fusion if there were any concerns about using an electric motor in the fusion work area. Gas meter monitoring of the work areas described above would, of course, be performed continually. The Pneumatic plugs would only be effective if flanges could be used. If the situation requires a direct butt fusion, then a squeeze off tool could be used. Once the squeeze - off tools are in place then a manual or hydraulic facer plate could be used. Attachment 3 Another way to achieve the task would be to use an electro -fusion coupling to join the pipes together. However, this process does require two insulated wires which bring electricity from a remotely located portable generator and control box, directly to the fusion coupling while it heats up and seals the pipe connection. Other hazards that exist in welding HDPE pipe in the presence of methane gas are the heater plates to fuse the pipe together. These plates typically get to 350-450 degrees Fahrenheit and need to remain in that range in order to make a proper weld. Where applicable, the heater plate may be unplugged long enough to make a weld. This would depend on the plate itself, size of the pipe, outside temperature and the proper time to heat the pipe. Another thing to be taken into consideration for a safe work area is to keep generators at a safe work distance from potential methane gas concentration areas. These generators are portable and are sometimes mounted on the fusion equipment. These generators are a necessity in order to heat up the heater plates. As far as other equipment to achieve the task at hand, Tri Con has reached out to the McElroy Fusion Equipment Company and visited, in length, about manual facing, heater cool -down periods, explosion -proof fusion equipment, etc. Please see their responses attached. Tri Con has trained and used all of the practices mentioned for many years and will continue to improve safety and awareness for all of its employees, customers or whomever may be near the working area. Tri Con welcomes any input that Republic Services might have to help with a continued safe work site for many years to come. Thank You, Gary W. Smith Attachment 3 McElroy Response Regarding Fusion Equipment From: Gary W. Smith [mailto:gary@triconworks.com] Sent: Thursday, May 07, 2015 8:04 AM Subject: FW: Questions from Tri Con Jason.. Thanks for taking the time out yesterday to discuss some questions that I have. Here are a few so that I can get my reports done. Does McElroy offer an electric facer plate that is explosion proof? If so could you explain. McElroy does not rate our standard equipment as explosion proof. Because we cannot control the environment our equipment is used in, we are careful to warn and instruct that equipment should only be used in potentially explosive atmospheres with regard to these special procedures. Specifically: 1. Allowing the heater to come up to temperature outside the potentially explosive atmosphere, and then unplugging the heater prior to making the fusion in the potentially explosive atmosphere. 2. On electrically powered facing tools, removing the brushes from the electric motor and turning facer by hand. 3. On equipment with other ignition sources, such as electric motors or internal combustion engines, locating these sources outside the potentially explosive atmosphere, and using a hydraulic hose extension kit to the carriage. Does McElroy offer a hydraulic facer plate for 14 and 26 fusion machines? If so could you explain. No. These machines are designed to be powered from electric power sources for the heater and facer, and the carriage is lever operated. Does McElroy offer a heater plate that is explosion proof? If so could you explain. Our standard heaters are not rated as explosion proof. If you unplug a heater plate to make a weld in an hazardous environment, will the plate stay hot enough to make a acceptable weld? Pipe sizes would range from 2"-24". And the SDR could get up to SDR 11. Will this work if the temperature is say 40 degrees outside. Attachment 3 Generally an acceptable fusion can be obtained in a potentially explosive atmosphere using special procedures. The fusion area may need to be protected from the wind, and/or a special fusion procedure may need to be qualified, in the cases of extremely low ambient temperature, windy environment, or heavy walled pipes. The generally accepted US fusion procedure, ASTM F2620, has been qualified by the industry through extensive testing and should be used where possible. If unplugging the heater plate doesn't work on welding all sizes from 2"-24" does McElroy offer any fusion equipment that would? We have offered custom equipment for special purpose uses in the past and would consider doing so again. *Tri Con response- This would require a new industry standard that would need to apply to all landfill operations and gas contractors. In other words the chances of them building one special tool for one contractor would be unlikely and incur excessive cost. If McElroy doesn't offer explosion proof tools do you see a time in the near future that you would? We have been approached from time to time and have quoted custom explosion proof or ATEX rated tools for mining applications. McElroy equipment is, however, used safely every day in natural gas distribution and methane recovery applications using the precautions outlined above Again Thank You for your time and look forward to your responses. Gary W. Smith Tri Con Works, L.P. 713-822-5476 Attachment 3 Table 4 — Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: 17-1 CO el WO is , U,, I✓ E. Fall Protection ^p! Yes o No o N/A F. Confined Spaces yf Yes o No o N/A G. Material Handling lin Yes o No o N/A H. Demolition A Yes o No o N/A I. Steel Erection )m Yes o No o N/A J. Underground Construction y Yes o No o N/A 5 Does the Bidder have a lost time injury rate and a total recordable injury rate of less than or equal to the national average for North American Industrial Classification System ("NAICS") Category 23 for each of the past five (5) years? Provide the Bidder's OSHA 300 and 300A logs for the past five (5) years in a separate attachment. 0 Yes o No 6 Does the Bidder have an experience modifier rate of 1.0 or less? Provide the Bidder's NCCI workers' compensation experience rating sheets for the past five (5) years in a separate attachment. V Yes o No 7 Has the Bidder had any OSHA inspections within the past six (6) months? Provide documentation showing the nature of the inspection, the findings, and the magnitude of the issues in a separate attachment if yes. o Yes Vo Statement of Experience 00 45 16 -12 Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 Rev 06-22-2016 Attachment 3 ^...r WORKERS COMPENSATION EXPERIENCE RATING IVCC/ Risk Name: TRI CON WORKS LLC Risk ID: 913167775 Rating Effective Date: 10101/2015 Production Date: 05/11/2015 State: INTERSTATE State Wt Exp Excess Losses Expected Losses Exp Prirn Losses Act Exc Losses Ballast Act Inc Losses Act Prim Losses AL .14 0 0 0 0 30,800 0 0 AR .15 409 602 193 0 29,000 0 0 GA .12 3,524 4,577 1,053 0 37,625 0 0 IL .10 o( 0 0 0 52,350 0 0 KY .15 0 0 0 0 30,200 0 0 LA .11 3,199 3,961 762 0 48,300 0 0 MS .13 340 472 132 0 35,350 0 0 MO .12 23,269 30,616 7,347 0 39,375 0 0 NM .13 0 0 0 0 36,400 0 0 NC .12 01 0 0 0 41,650 0 0 OK .11 1,640 2,130 490 0 46,350 0 0 sc .12 0 0 0 0 43,575 0 0 TN 14 5,626 7,719 2,093 0 31,500 0 0 TX .13 41,829 69,637 27,808 25,646 32,200 55,040 29,394 (A) Wt (B) (C) Exp Excess Losses(D - E) (D) Expected Losses (E) Exp Prim Losses (F) Act Exc Losses (H -I) (G) Ballast (H) Act Inc Losses (I) Act Prim Losses .13 79,836 119,714 39,878 25,646 34,978 55,040 29,394 Pr mary Losses Stabilizing Value Ratable Excess Totals Actual (I) 29,394 C'(1-A)+G 104,435 (A)`(F) 3,334 (J) 137,163 Expected (E) 39,878 C ' (1 - A) + G 104,435 (A) * (C) 10,379 (K) 154,692 ARAP FLARAP SARAP MAARAP Exp Mod Factors 1.00 (J) / (K) .89 THE ARAP FACTOR SHOWN IS FOR THOSE STATES CONTAINED ON THIS RATING THAT HAVE APPROVED THE ARAP PROGRAM AND IS CALCULATED BASED ON THE STATE WITH THE HIGHEST APPROVED MAXIMUM ARAP SURCHARGE. THE MAXIMUM ARAP SURCHARGE MAY VARY BY STATE. PLEASE REFER TO EACH STATE'S APPROVED RULES FOR THE APPLICABLE MAXIMUM ARAP SURCHARGE. THE TENNESSEE CODE ANNOTATED SECTION 50-6-501 REQUIRES EVERY PUBLIC OR PRIVATE EMPLOYER THAT IS SUBJECT TO THE WORKERS COMPENSATION STATUTE TO "ESTABLISH AND ADMINISTER A SAFETY COMMITTEE IN ACCORDANCE WITH RULES ADOPTED PURSUANT TO T.C.A. SECTION 50-6-502 IF THE EMPLOYER HAS AN EXPERIENCE MODIFICATION RATE EQUAL TO OR GREATER THAN 1.2." Cr Copyright 1993.2015, M rights reserved. This product is comprised of compilations and information which are the proprietary and exclusive property of the National Council on Compensation Insurance, Inc. (NCCI). No further use, dissemination, sale, transfer, assignment or disposition of this product, in whole or In part, may be made without the prior written consent of NCCI. This product is furnished 'As is -'As available' With all defects and includes information available at the time of publication only. NCCI makes no repmsentations or warranties of any kind relating to the product and hereby expressly disclaims any and all express, statutory, or implied warranties. including the implied warranty of merchantability. fitness for a particular purpose, accuracy, completeness, currentness, or correctness of any information or product furnished hereunder. All responsibility for the use of and for any and all results derived or obtained through the use of the product are the end user's and NCCI shall not have any liability thereto. Page 1 of 10 Attachment 3 WORKERS COMPENSATION EXPERIENCE RATING NCC/. Risk Name: TRI CON WORKS LLC Risk ID: 913167775 Rating Effective Date: 10/01/2014 Production Date: 09/03/2014 State: INTERSTATE State Wt Exp Excess Losses Expected Losses Exp Prim Losses Act Exc Losses Ballast Act Inc Losses Act Prim Losses AL .15 0 0 0 0 33,800 0 0 Aft .16 1,310 1,893 583 0 31,500 0 0 l .13 2,18 2,771 582 0 37,275 0 0 IL .11 3,8921 4,526 634 0 54,300 0 0 KY .15 491 673 182 0 30,200 0 - 0 LA .11 3,184 3,883 699 0 45,000 0 0 MS .14 01 0 0 0 34,475 0 0 MO .13 18,852 23,274 4,422 0 38,325 0 0 NM .13 0 0 0 0 35,350 0 0 NC .12 0 0 0 0 40,775 0 0 OK .11 0 0 0 0 46,200 0 0 sc .12 0 0 0 0 43,575 0 0 rN 14 14,533 19,158 4,625 0 36,800 0 0 TX .22 57,917 73,550 15,633 36,146 18,463 41,146 5,000 (A) Wt (B) (C) Exp Excess Losses (D - E) (D) Expected Losses (E) Exp Prim Losses (F) Act Exc Losses (H - I) (6) Ballast (H) Act Inc Losses (I) Act Prim Losses .18 102,368 129,728 27,360 36,146 27,432 41,146 5,000 Primary Losses Stabilizing Value Ratable Excess Totals Actual (I) 5,000 C * (1 -A) + G 111,374 (A)' (F) 6,506 (J) 122,880 Expected (E) 27,360 C'(1 -A)+G 111,374 (A)*(C) 18,426 (K) 157,160 ARAP FLARAP SARAP MAARAP Exp Mod Factors 1.00 (J)/(K) .78 REVISED RATING THE ARAP FACTOR SHOWN IS FOR THOSE STATES CONTAINED ON THIS RATING THAT HAVE APPROVED THE ARAP PROGRAM AND IS CALCULATED BASED ON THE STATE WITH THE HIGHEST APPROVED MAXIMUM ARAP SURCHARGE. THE MAXIMUM ARAP SURCHARGE MAY VARY BY STATE. PLEASE REFER TO EACH STATE'S APPROVED RULES FOR THE APPLICABLE MAXIMUM ARAP SURCHARGE. THE TENNESSEE CODE ANNOTATED SECTION 50-6-501 REQUIRES EVERY PUBLIC OR PRIVATE EMPLOYER THAT IS SUBJECT TO THE WORKERS COMPENSATION STATUTE TO "ESTABLISH AND ADMINISTER A SAFETY COMMITTEE IN ACCORDANCE WITH RULES ADOPTED PURSUANT TO T.C.A. SECTION 50-6-502 IF THE EMPLOYER HAS AN EXPERIENCE MODIFICATION RATE EQUAL TO OR GREATER THAN 1.2." RATING REVISED TO REFLECT APPROVED RATING VALUES fi5 Copyright 1993-2015, All rights reserved This product Is comprised of compilations and information which are the proprietary and exdusive property of the National Council on Compensation Insurance, Inc. (NCCI). No further use, dissemination, sale, transfer, assignment or disposition of this product, in whole or in part, may be made without the prior written consent of NCCI. This product is furnished 'As is' As available"With all defects' and includes information available at the time of publication only. NCCI makes no representations or warranties of any kind relating to the product and hereby expressly disclaims any and all express, statutory. or implied warranties, including the implied warranty of merchantability, fitness for a particular purpose, accuracy, completeness, currentness, or correctness of any information or product furnished hereunder. All responsibility for the use of and for any and all results derived or obtained Through the use of the productare the end user's and NCCI shall not have any liability thereto. Page 1 of 12 Attachment 3 WORKERS COMPENSATION EXPERIENCE RATING NEC! Risk Name: TRI CON WORKS LP Risk ID: 913167775 Rating Effective Date: 10/01/2013 Production Date: 09/02/2013 State: INTERSTATE State Wt SRP Exp Excess Losses Expected Losses Exp Prim Losses Act Exc Losses Ballast Act Inc Losses Act Prim Losses AL .14 2060 0 0 0 0 33,000 0 0 AR .161680 1,601 2,157 556 0 26,800 0 0 GA .13 2655 4,431 5,340 909 0 37,100 0 0 IL .10 4395 3,805 4,276 471 0 52,800 0 0 KY .151885 543 705 162 0 30,200 0 0 LA .113700 1,555 1,808 253 0 44,400 0 0 MS .13 2430 0 0 0 0 33,950 0 0 MO .13 2635 5,853 6,967 1,114 0 36,925 0 0 OK .11 3620 0 0 0 0 43,500 0 0 sc .12 3060 0 0 0 0 42,875 0 0 TN .14 2255 19,287 23,847 4,560 0 31,500 0 0 Tx .221070 59,509 75,564 16,055 0 17,963 0 0 (A) Wt (B) (C) Exp Excess Losses (0 - E) (D) Expected Losses (E) Losses Exp Prim (F) Act Exc Losses (H - I) (G) Ballast (H) Act Inc Losses (I) Act Prim Losses .19 96,584 120,664 24,080 0 24,440 0 0 Pr mary Losses Stabilizing Value Ratable Excess Totals Actual (1) 0 C' (1 -A)+G 102,673 (A)•(F) 0 (J) 102,673 Expected (E) 24,080 C(1 - A) + G 102,673 (A) * (C) 18,351 (K) 145,104 ARAP FLARAP SARAP MAARAP Exp Mod Factors 1.00 (J)! (K) .71 *`*` REVISED RATING * THE TENNESSEE CODE ANNOTATED §50-6-501 REQUIRES EVERY PUBLIC OR PRIVATE EMPLOYER THAT IS SUBJECT TO THE WORKERS COMPENSATION STATUTE TO "ESTABLISH AND ADMINISTER A SAFETY COMMITTEE IN ACCORDANCE WITH RULES ADOPTED PURSUANT TO T.C.A. §50-6-502 IF THE EMPLOYER HAS AN EXPERIENCE MODIFICATION RATE EQUAL TO OR GREATER THAN 1.2." THE ARAP FACTOR SHOWN IS FOR THOSE STATES CONTAINED ON THIS RATING THAT HAVE APPROVED THE ARAP PROGRAM AND IS CALCULATED BASED ON THE STATE WITH THE HIGHEST APPROVED MAXIMUM ARAP SURCHARGE. THE MAXIMUM ARAP SURCHARGE MAY VARY BY STATE, PLEASE REFER TO EACH STATES APPROVED RULES FOR THE APPLICABLE MAXIMUM ARAP SURCHARGE. RATING REVISED TO REFLECT APPROVED RATING VALUES Copyright 1993-2013, All rights reserved. Thts experience modification factor rs comprised of compilations and information which are the proprietary and exc usivo property of the National Council on Compensation Insurance. Inc (NCCS). No further use. dissemination, sale, transfer, assignment or disposition of this experience rating modification factor or any part thereof may be used without the written consent of NCCI. NCCI makes no representation or warranty, expressed or implied, as to any matter whatsoever including but not limited to the accuracy of any information, product or service furnished hereunder and, as to NCCI, recipient of this expenence rating modification factor subscribes to and utilizes the information service 'as is'. Page 1 of 11 Attachment 3 WORKERS COMPENSATION EXPERIENCE RATING CORisk Name: TRI CON WORKS LP Risk ID: 913167775 Rating Effective Date: 10101/2012 Production Date: 05/25/2012 State: INTERSTATE State Wt SRP Exp Excess Losses Expected Losses Exp Prim Losses Act Exc Losses Ballast Act Inc Losses Act Prim Losses AL .151935 0 0 0 0 31,000 0 0 AR .161620 1,351 1,609 258 0 29,250 0 0 GA .10 2580 7,871 9,049 1,178 0 36,050 0 0 iL .114120 4,0881 4,396 308 0 49,500 0 0 .KY .161720 451 525 74 0 27,600 0 0 LA .08 3475 1,584 1,760 176 0 41,700 0 0 Ms .14 22270 0 0 0 0 31,850 0 0 Mo .13 2495 939 1,067 128 0 35,000 0 0 OK .12 3230 0 0 0 0 45,150 0 0 TN .14 2180 14,764 16,605 1,841 0 34,800 0 0 Tx .221070 67,978 87,485 19,507 0 17,963 0 0 (A) Wt (B) (C) Exp Excess Losses (D - E) (D) Expected Losses (E) Losses Exp Prim (F) Act Exc Losses (H - I) (G) Ballast (H) Act Inc Losses (1) Act Prim Losses .19 99,026 122,496 23,470 0 23,392 0 0 Primary Losses Stabilizing Value Ratable Excess Totals Actual (I) 0 C*(1-A)+G 103,603 (A)'(F) 0 (J) 103,603 Expected (E) 23,470 C ' (1 - A) + G 103,603 (A)* (C) 18,815 (K) 145,888 ARAP FLARAP SARAP MAARAP Exp Mod Factors 1.00 (3)1 (K) .71 'NOTICE - THIS ISA PRELIMINARY MODIFICATION' COMPLETE PAYROLL AND LOSS DATA HAVE BEEN APPLIED TO CURRENT RATING VALUES BUT A FINAL MODIFICATION CANNOT BE PROMULGATED UNTIL PENDING RATE FILING HAS BEEN APPROVED FOR THE STATES IDENTIFIED WITH AN ' ABOVE. THE ARAP FACTOR SHOWN IS FOR THOSE STATES CONTAINED ON THIS RATING THAT HAVE APPROVED THE ARAP PROGRAM AND IS CALCULATED BASED ON THE STATE WITH THE HIGHEST APPROVED MAXIMUM ARAP SURCHARGE. THE MAXIMUM ARAP SURCHARGE MAY VARY BY STATE. PLEASE REFER TO EACH STATES APPROVED RULES FOR THE APPLICABLE MAXIMUM ARAP SURCHARGE. Copyright 1993-2012, NI rights reserved. This experience modification factor is comprised of compilations and information which are the proprietary and exclusive property of the National Council on Compensation Insurance, Inc. (NCCI). No further use, dissemination, sale, transfer, assignment or disposition of this experience rating modification factor or any part thereof may be used without the written consent of NCCI. NCCI makes no representation or warranty, expressed or Implied, as to any matter whatsoever including but not limited 10 the accuracy of any Information, product or service furnished hereunder and, as to NCCI, recipient of this experience rating modification factor subscribes to and utilizes the information service 'as Is'. Page 1 of 10 Attachment 3 _ — Copyright t993-2011, All rights reserved. This experience modilicatton factor is comprised of compilations and +nformat+on which are the propnotary and exclusive property of the National Council on Compensation Insurance Int (NCCI) No further use, d,ssem+r}at+en, sale transfer, assignment or disposition of this experience rating modification factor or any pan thereof may be used without the wratere consent Of NCCI NCCI makes no representation or warranty. expressed Or Implied 3510 any matter whatsoever including but not limited to rhe accuracy of any informatson. product or service furrtished her€under and. as to NCCI. recipient of this experience raung modification factor su0sCr Des to and utilizes the mfonmation service as is - Page 1 of 5 r4'1 ! 4 WORKERS COMPENSATION EXPERIENCE RATING Risk Name: TRI CON WORKS LP Risk ID: 913167775 Rating Effective Date: 10/01/2011 Production Date: 08/23/2011 State: INTERSTATE _ State Wt SRP Exp Excess Losses Expected Losses Exp Prim Losses Act Exc Losses Ballast Act Inc Losses Act Prim Losses 0 At. .121755 0 0 0 (A)* (C) 0 24,500 0 59,069 0 GA .082385 6.406 7,627 1,221 SARAP 0 28,650 0 0 KY .121590 0 0 1.00 0 22.225 0 THE ARAP FACTOR SHOWN IS FOR THOSE STATES CONTAINED ON THIS 0 LA I .07 3255 OI 0 0 0 32.500 0 0 Ms .112185 0 0 0 0 26,250 0 0 TN .112035 1,324 1,492 168 0 24,450 0 0 TX .151070 43,9661 56,708 12,742 0 12,463 0 0 (A) Wt (B) (C) Exp Excess Losses (D - E) (D) Expected Losses (E) Exp Prim Losses (F) Act Exc Losses (H - I} (G) Ballast (H) Act Inc Losses (I) Act Prim Losses 141 51.696 65,827. 14.131 0 14,610 0 0 Copyright t993-2011, All rights reserved. This experience modilicatton factor is comprised of compilations and +nformat+on which are the propnotary and exclusive property of the National Council on Compensation Insurance Int (NCCI) No further use, d,ssem+r}at+en, sale transfer, assignment or disposition of this experience rating modification factor or any pan thereof may be used without the wratere consent Of NCCI NCCI makes no representation or warranty. expressed Or Implied 3510 any matter whatsoever including but not limited to rhe accuracy of any informatson. product or service furrtished her€under and. as to NCCI. recipient of this experience raung modification factor su0sCr Des to and utilizes the mfonmation service as is - Page 1 of 5 Pnmary Losses Stabilizing Value Ratable Excess Totals (1) C ' (1 - A) + G (A)* (F) (J) Actual 0 59,069 0 59,069 (E) C * (1 - A) + G (A)* (C) (K) Expected 14,131 59,069 7,237 80,437 ARAP FLARAP SARAP MAARAP Exp Mod (J) / (K) Factors 1.00 .73 THE ARAP FACTOR SHOWN IS FOR THOSE STATES CONTAINED ON THIS RATING THAT HAVE APPROVED THE ARAP PROGRAM AND IS CALCULATED BASED ON THE STATE WITH THE HIGHEST APPROVED MAXIMUM ARAP SURCHARGE. THE MAXIMUM ARAP SURCHARGE MAY VARY BY STATE. PLEASE REFER TO EACH STATES APPROVED RULES FOR THE APPLICABLE MAXIMUM ARAP SURCHARGE. Copyright t993-2011, All rights reserved. This experience modilicatton factor is comprised of compilations and +nformat+on which are the propnotary and exclusive property of the National Council on Compensation Insurance Int (NCCI) No further use, d,ssem+r}at+en, sale transfer, assignment or disposition of this experience rating modification factor or any pan thereof may be used without the wratere consent Of NCCI NCCI makes no representation or warranty. expressed Or Implied 3510 any matter whatsoever including but not limited to rhe accuracy of any informatson. product or service furrtished her€under and. as to NCCI. recipient of this experience raung modification factor su0sCr Des to and utilizes the mfonmation service as is - Page 1 of 5 Attachment 3 Table 5 — Demonstrated Minority, MBE, DBE Participation Organization doing business as Project Subcontractors and Suppliers Tr(' Co,' Works , I- t C Provide a list of anticipated Minority, MBE, DBE Subcontractors or Suppliers contracts that will be used to demonstrate compliance with the Owner's Minority / MBE / DBE Participation Policy Name Work to be Provided Estimated % of Contract Price b Texas Icon Cons -bud -ion, LLC. Stedti18.10.t1tk1 Fer4i(Ci& .01 - Statement of Experience Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 00 45 16-13 Rev 06-22-2016 Attachment 3 ARTICLE 5 — CERTIFICATION 5.01 By submitting this Statement of Experience and related information, Bidder certifies that it has read this Statement of Experience and that Bidder's responses are true and correct and contain no material misrepresentations and that the individual signing below is authorized to make this certification on behalf of the Bidder's organization. The individual signing this certification shall attach evidence of individual's authority to bind the organization to an agreement. Bidder: By: Name: Title: Ti: -l* eon Works, LI -C. (typed or printed) (individual's signature) 5(5 /441321& (typed or printed) %0 -Pre s(dent Designated Representative: Name: Title: Address: (typed or printed) ,g, e k/1/1/ /D167 -w.5 %o-7P/t‘-a�T Oil /Iv nvDe hor vAl'/7X 7,0/5 Telephone No.: 78-p.29 7/9•Email: END OF SECTION Statement of Experience Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 00 45 16-14 Rev 06-22-2016 Attachment 3 C. Submit PDF documents with adequate resolution to allow documents to be printed in a format equivalent to the original documents. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. D. Submit color PDF documents if color is used in the printed version of the documents. Statement of Experience Cefe Valenzuela Landfill — Gas Collection and Control System, Project No. E16289 004516-4 Rev 06-22-2016 -711611i7iANir►ii 11‘1\1TRI CO /WORKS LLNC To whom it may concern: Attachment 3 On April 1, 2014, Tri Con Holdings, Inc., a Delaware corporation, purchased 100% of the equity interests of Tri Con Works, LLC {formerly Tri Con Works, L.P.} from Ex - Blue. L.P., Coyote Enterprises LP, and Mars Diversified, LLC (the "Transaction"). In order to effect the Transaction, on March 28, 2014, Tri Con Works, L.P. converted into Tri Con Works, LLC, pursuant to the certificates of conversion and formation attached hereto as Exhibit A. As a result of the Transaction. Tri Con Holdings. Inc. became the sole member of Tri Con Works, LLC. Pursuant to resolutions adopted by Tri Con Holdings, Inc. in its individual capacity (attached as Exhibit B) and as the sole member of Tri Con Works, LLC (attached as Exhibit C), the officers of Tri Con Holdings, Inc. and Tri Con Works, LLC are as follows: Officers of Tri Con Holdings, Inc. Bryan Robbins Co -President Gary Smith Co -President and Secretary Kyun Park Vice President Sarah Smith Controller and Treasurer Officers of Tri Con Works, LLC Bryan Robbins Co -President Gary Smith Co -President and Secretary Sarah Smith Controller and Treasurer As evidenced by the resolutions adopted by Tri Con Holdings, Inc., the sole - member of Tri Con Works, LLC, and attached hereto as Exhibit D, Bryan Robbins is Co- president of Tri Con Works, LLC, effective April 1, 2014. Therefore, Mr. Robbins is an officer duly authorized to sign the Public Work Bid Form by Tri Con Works, LLC. IFAMAIAIWAPAIARNIAlifif 1211 Hollywood Street, Houston, Texas 77015 • Phone: (713) 453-8654 • Fax: (713) 330-9240 WWW.triconwor s.com Attachment 3 TRI CON WORKS LLC WORKS LLC If you have any questions regarding the efficacy of the Transaction, the resolutions adopted in connection therewith or Mr. Robbins' status as a duly authorized officer of Tri Con Works, LLC. please feel free to contact our attorney, Andrew Harris of Winston & Strawn LLP, at (212) 294-6779 or asharrislwinston.corn. www.triconwor s.com Sincerely, fearirAtivirAMFAKIVAI 1211 Hollywood Street, Houston, Texas 77015 • Phone: (713) 453-8654 • Fax: (713) 330-9240 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: 2016-149165 Date Filed: 12/28/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Tri Con Works, LLC Houston, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16289 Gas Collection and Control System 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. � /� A` SARAH H SMITH My Commission Expires ���I March 9. 2019 .,,4- e of authorized agent of contracting business entity 7' ..,,,:t.: 9 9 tY P,, (,, I� 1/; NJ iO O(.ft s , this the 34 day of k!W AFFIX NOTARY STAMP / SEAL ABOVE /� Sworn to and subscribed before me, by the said trL t1 20 rl , to certify which, witness my hand and seal of officAs. , Swtt• TFTre a sures •//II /'t , 1it4 Sant h 11• %Ali =ignature 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 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: 2017-149860 Date Filed: 01/03/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. SCS Engineers Bedford, 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. 16289 Cefe Valenzuela Landfill, Gas Collection and Control System (GCCS) Construction -Phase Engineering and Quality Assurance (CQA) Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 15 Check onlyif there is NO Interested Party. I X I 6 AFFIDAVIT ft I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. i �a+'"'"",••, KATHLENE EWING Public, State of Texas f Notary �, L4.:1 Comm. Expires 06-07-2017 •;;,°, ' Notary ID 129449747 _ -� Sign re of authorized ag of contracti business entity g AFFIX NOTARY STAMP / SEAL ABOVE I�/�_".'v J Sworn to and subscribed before me, by the said KeA/ 10 1 Ad , this the day of J V -. 20 i1 , to certify which, witness my hand and seal of office. I/9/0? / �<u-W1lant Evvivi Prow -dr Mminl skraf Pr miriiiref is .r adminust- oath Printed name of officer ndindnistering 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 January 24, 2017 Action Item for the City Council Meeting of January 31, 2017 DATE: January 16, 2017 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 Gollihar Road Improvements Kostoryz Road to Weber Road Bond 2014 Proposition 1 Motion authorizing the City Manager, or designee, to execute a construction contract with Haas -Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of $13,534,848.30 for Gollihar Road Improvements from Kostoryz Road to Weber Road for a total base bid and to execute a construction materials testing agreement with Rock Engineering in the amount of $63,725.00 for Gollihar Road from Weber to Carroll Lane and to execute a construction materials testing agreement with Rock Engineering in the amount of $59,359.00 for Gollihar Road from Carroll to Kostoryz. BOND 2014 Proposition 1 PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract and for two construction materials agreements for Gollihar Road from Kostoryz to Weber Project. BACKGROUND AND FINDINGS: This project consists of two Bond 2014 projects: Gollihar Road (from Weber to Carroll) and Gollihar Road (from Carroll to Kostoryz). Bond 2014 Brochure description: "Gollihar Road from Weber Road to Carroll Lane — This project includes full -depth repair of the existing five lane roadway with four travel lanes and continuous center left turn lane which is consistent with A-1 Arterial designation in the Urban Transportation Plan. Other improvements include curb and gutter, sidewalks, ADA ramps, and pavement markings and traffic signal improvements at Carroll Lane and Gollihar intersection. During detailed design, consideration will be given to widen the sidewalks to create multiuse pedestrian/bike paths for safe bike routes and also to addition of bike lanes. During detailed design consideration will also be given to implementation of the road diet concept and reducing the five lane road to a three lane road." Bond 2014 Brochure description: "Gollihar Road from Carroll Lane to Kostoryz Road — This project includes full -depth repair of the existing five lane roadway with four travel lanes and continuous center left turn lane which is consistent with the A-1 Arterial designation in the Urban Transportation Plan. Other improvements include curb and gutter, sidewalks, ADA curb ramps, and pavement markings and traffic signal improvements at Carroll Lane and Gollihar intersection. During detailed design, consideration will be given to widen the sidewalks to create multiuse pedestrian/bike paths for safe bike routes and also to addition of bike lanes. During detailed design consideration will also be given to implementation of the road diet concept and reducing the five lane road to a three lane road." Project Description: This project includes full -depth reconstruction of the existing 5 -lane Hot -Mix Asphalt Concrete (HMAC) road with four travel lanes and a continuous center turn lane. Improvements include new concrete bus stops, curb & gutter, sidewalks, ADA ramps, cycle tracks, pavement markings, and traffic signal upgrade at the Gollihar/Carroll intersection. Utility improvements include storm water, wastewater, water and gas. On December 21, 2016, the City received proposals from three (3) bidders and the bids are as follows: Contractor Base Bid Haas -Anderson Construction, Ltd. Corpus Christi, Texas $13,534,848.30 Bay, Ltd. Corpus Christi, Texas $14,968,474.39 Clark Pipeline Services Corpus Christi, Texas $15,297,859.09 Engineer's Opinion of Probable Cost $12,188,006.71 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: LJA, Inc. (LJA) is the design engineer that was selected for this project under RFQ 2013-01. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. Conforms to FY 2016-2017 Street Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Budget and Expenditures Current Year Future Years TOTALS Budget $2,059,611.00 $15,586,926.00 $17,646,537.00 Encumbered / Expended Amount 2,059,611.00 0.00 2,059,611 This item 13,657,932.30 $13,657,932.30 Future Anticipated Expenditures This Project 1,917,276.83 1,917,276.83 BALANCE $0 $11,716.87 $11,716.87 Fund(s): Comments: N/A RECOMMENDATION: City staff and LJA recommend the construction contract be awarded to Haas -Anderson Construction, Ltd. in the amount of $13,534,848.30 and two construction materials testing agreements with Rock Engineering for $63,725.00 and $59,359.00 for the Gollihar Road Improvements from Kostoryz to Weber the total base bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Testing Agreements (2) Form 1295 (3) Presentation PROJECT BUDGET ESTIMATE Gollihar Road (Weber to Kostoryz) Bond 2014, Proposition 1 PROJECT FUNDS AVAILABLE: Gollihar Road from Carroll Lane to Weber - Bond 2014, Prop 1 3,700,000 Gollihar Road from Kostoryz to Carroll Lane - Bond 2014, Prop 1 3,700,000 Utilities 10,246,537 Water 2,750,000 Wastewater 875,000 Storm Water 6,300,000 Gas 321.537 TOTAL FUNDS AVAILABLE 17,646,537 FUNDS REQUIRED: Construction: Construction (Haas -Anderson) THIS ITEM 13,534,848 Construction - Gollihar from Carroll Lane to Weber Road (#E13088) 7,199,952 Street 2,969,584 Utilities 4,230,368 Water 1,249,818 Storm Water 2,515,987 Wastewater 326,507 Gas 138,056 Construction - Gollihar from Kostoryz Road to Carroll Lane (#13089) 6,334,896 Street 2,426,158 Utilities 3,908,738 Water 1,249,818 Storm Water 2,194,357 Wastewater 326,507 Gas 138,056 Contingency (10%) 1,353,485 Construction Inspection and Testing. Construction Inspection (Estimate) 165,792 Construction Materials Testing (Rock) Weber to Kostoryz 123,084 Construction - Materials Testing (Rock) Weber to Carroll 63,725 Construction - Materials Testing (Rock) Carroll to Kostoryz 59,359 Design: (LJA) Original Contract and two amendments Engineer (LJA) Original Contact 2,009,621 Street 646,899 Utilities 1,362,722 Water 64,782 Storm Water 1,200,768 Wastewater 80,977 Gas 16,195 Amendment No. 1 (No Cost) 0 Amendment No. 2 49,990 Street 49,990 288,876 2,059,611 Reimbursements: Total Reimbursements 398,000 Contract Administration (Engineering Svcs Admin/Finance/Capital Budget) 150,000 Engineering Services (Project Mgt/Constr Mgt) 246,000 Misc. (Printing, Advertising, etc.) 2,000 TOTAL 17,634,820 ESTIMATED PROJECT BUDGET BALANCE 11,717 Gollihar Road Kostoryz Rd to Weber Rd Bond 2014 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES AGREEMENT for Construction Materials Testing and Engineering Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and ROCK ENGINEERING & TESTING LABORATORY, INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Curtis A. Rock, Chief Operatinci Officer, which agree as follows: 1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project, described as follows: Gollihar Road from Weber Road to Carroll Lane BOND 2014 (Proiect No. E13088) ("PROJECT"). 2. SCOPE OF WORK: Lab shall provide services to the Project in accordance with the accompanying Scope of Services and Fee Schedule attached as Exhibit A and the Terms and Conditions to Agreement attached as Exhibit B. 3. FEE: The City agrees to pay the Lab for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this Agreement, a total fee not to exceed $63,725.00. Monthly invoices will be submitted in accordance with Exhibit C. 4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. 5. OWNERSHIP OF DOCUMENTS: All documents including contract documents (plans and specifications), record drawings, contractor's field data and submittal data will be the sole property of the City and may not be used again by Lab without the express terms written consent of the City Engineer. However, Lab may use standard details that are not specific to this Project. CITY OF CORPUS CHRISTI ROCK ENGINEERING & TESTING LABORATORY, INC. J.H. Edmonds, P.E. Date Curtis A. Rock Director of Engineering Services Chief Operating Officer 6817 Leopard Street Corpus Christi, TX 78409 RECOMMENDED (361) 883-4555 Office Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date KIENGINEERING DATAEXCHANGEWNGIEMISTREET\E13088 GOLUHAR FROM WEBER TO CARROLL BOND 20141ROCK CMTNS 1215 TESTING AGREEMENT.DOC Date Rev. 12/15/15 APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta Date City Secretary Project No. E13088 Accounting Unit: 3551-051 Account: 550920 Activity: El 3088013551 EXP Account Category: 50920 Fund Name: Street CIP BOND 2014 Encumbrance No. KIENGINEERING DATAEXCHANGEWNGIEMISTREET1E13088 GOLLIHAR FROM WEBER TO CARROLL BOND 20141ROCK CMTI15 1215 TESTING AGREEMENT.DOC Rev. 12115/15 Wednesday, December 21, 2016 City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401 Attn: Jeffrey Edmonds, P.E. +GEOTECHNICAL ENGINEERING •CONSTRUCTION MATERJALS ENGINEERING TESTING •SOILS • ASPHALT • CONCRETE SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED E13088— Gollihar Rd Improvements - Carroll to Weber Corpus Christi, TX RETL Proposal Number: P122016A Dear Jeffrey Edmonds, P.E. Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm No. 21 01) is pleased to be selected to perform the Construction Materials Testing for the above referenced project. The Construction Materials Testing for the proposed construction project is based upon quantities as derived from the Plans made available to RETL as of the date of this proposal. The estimated testing for thls project is $63,725.00 We understand that we have been chosen to provide these services for this publicly funded project. Therefore, by providing cost information we are not in violation of the Texas Professional Services Procurement Act. The estimated construction materials testing budget is based on a review of the information provided to RETL. An estimated breakdown of field and laboratory testing required is included as an attachment. In order to best respond to the project testing needs and schedules, please schedule testing a minimum of 48 hours in advance in order to defer any potential delays. RETL strives to accomodate all testing requests as they are received and con make accomodations with advanced notice to schedules. Please make note that the actual fees invoiced for this project will be based on the actual testing performed. The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jobsite, elapsed time from technician arrival to commencement of testing activities, and any time the technician is required to be on-site but not performing testing activities. Please be advised that Weekend/Holiday/Overtime Laboratory and Field Testing will be billed at an addtional $38.00 RETL appreciates your consideration of our firm to assist you during the construction phase of your project. If you agree with this proposal, please sign the attached Laboratory Testing Services Agreement, submit the Distribution List and provide billing information. Please do not hesitate to contact me at (361) 883-4555 extension 415 it you have any questions regarding the proposal or would like to discuss further. Sincerely, Pablo Schmitt Estimator Rock Engineering and Testing ROCK ENGINEERING TESTING LABORATORY, INC 6817 LEOPARO STREET • CORPUS CHRISTI, TEXAS, 78409 OFFICE: (3611883-4555 • FAX: (3611883-4711 • tiwvw.racktesting.com Wednesday, December 21, 2016 Page 1 of 7 IEXHIBIT "A" I Page 1 of 7 P122016A E13088 — Gollihar Rd Improvements - Carroll to Weber City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 01. LABORATORY G. PERSONNEL Admin Fee I.S - Lump Sum P119 ADMINISTRATION FEE (1 time per project) LIFTS/MIN QTYFREQ QTY RATE AMOUNT 1 1 1 Is $79.00 $79.00 01. LABORATORY SUBTOTAL $79.00 Wednesday, December 21, 2016 Page 2 of 7 EXHIBIT "A" Page 2 of 7 IEXHIBIT "A" I Page 3 of 7 P122016A E13088—Gollihar Rd Improvements - Carroll to Weber City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 02. SOILS LIFTS/MIN QTYFREQ QTY RATE AMOUNT AL SUBGRADE Densities Asphalt Street LF -1 per 100 LF of each lane/iHt 5600-1 NUCLEAR FIELD DENSITY (ASTM D6938) V486 VEHICLE Densities Curb & Gutter LF-1per 500LF 5600-1 NUCLEAR FIELD DENSITY (ASTM D6938) V486 VEHICLE Densities Driveways EA -1 every 2 5600.1 NUCLEAR FIELD DENSITY (ASTM D6938) V486 VEHICLE Densities Sidewalks LF -1 perS000LF 5600-1 NUCLEAR FIELD DENSITY (ASTM D6938) V486 VEHICLE Raw Subgrade EA -1 each material type 5190 MATERIALS SAMPUNG CHARGE 5510 PROCTOR -STANDARD ASTM D698 V486 VEHICLE AS. SACKFUL Densities Trench Backfill LF -1 per 200 LF of each cane/lift 5600-1 NUCLEAR FIELD DENSITY (ASTM 06938) V486 VEHICLE Trench Backfll EA -1 each material type 5190 MATERIALS SAMPLING CHARGE 5510 PROCTOR - STANDARD ASTM D698 V486 VEHICLE Wednesday, December2l, 2016 1 1 1 1 1 1 1 1 130 130 ea 547.00 13 13 trip $48.00 27 27 ea 547.00 5 5 trip 548.00 $6,110.00 5624.00 51,269.00 $240.00 12 12 ea 547.00 5564.00 6 6 trip $48.00 5288.00 8 8 ea $47.00 2 2 trip $48.00 5376.00 596.0o 1 1 1 ea 560.00 560.00 1 I 1 ea 5226.00 5226.00 1 1 1 trip $48.00 548.00 1 1 362 362 ea $47.00 517,014.00 37 37 trip 548.00 51,776.00 1 1 1 ea 560.00 560.00 1 1 1 ea 5226.00 $226.00 1 1 1 trip $48.00 548.00 Page 3 of 7 P122016A E13088 — Gollihar Rd Improvements - Carroll to Weber City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 02. SOILS SUBTOTAL $29,025.00 03. FLEXIBLE BASE A3. FLEX BASE CY - 1 per 3000 CY LIFTS/MIN QTYFREQ QTY RATE AMOUNT 5502 ATTERBERG LIMITS/PLASTICITY INDEX (with Aggregate) ASTM D4318 1 2 2 ea $99.00 5198.00 5504 GRADATION (Sieve Analysis) 1 2 2 ea $99.00 5198.00 5522 PROCTOR -MODIFIED ASTM 01557 1 2 2 ea $266.00 5532.00 5548 LA ABRASION (ASTM C131) 1 2 Zea $337.00 5674.00 V486 VEHICLE 1 2 2 trip $48.00 596.00 EA -1 each material type 5546 WET BALL MILL 1 1 1 ea 5337.00 5337.00 5606 TRIAXIAL 1 1 1 ea 5780.00 5780.00 5610 CALIFORNIA BEARING RATIO (ASTM D1883) 1 1 1 ea 5515.00 5515.00 Densities Compacted Base LF -1 per 100 LF of each lane/lift 5600-1 NUCLEAR FIELD DENSITY (ASTM 06938) V486 VEHICLE Densities Compacted Base Curb & Gutter LF-1per 200LF 5600-1 NUCLEAR FIELD DENSITY (ASTM 06938) V486 VEHICLE Wednesday, December 21, 2016 1 1 1 1 260 260 ea 547.00 512,220.00 26 26 trip 548.00 $1,248.00 27 27 ea $47.00 4 4 trip 548,00 51,269.00 $192.00 03. FLEXIBLE BASE SUBTOTAL $18,259.00 Page 4 of 7 EXHIBIT "A" Page 4of7 P122016A E13088 — Gollihar Rd Improvements - Carroll to Weber City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 04, HOT MIX ASPHALT CONCRETE B. ASPHALT FuII Sides T -1 per 500 tons A105 ASPHALT FULL SERIES 5151 SAMPLE PREPARATION CHARGE In Place Cares LF -1 per 1000 LF of street A202 ASPHALT CORING/THICKNESS/DENSITY V486 VEHICLE Wednesday, December 21, 2016 LIFTS/MIN QTYFREQ QTY RATE AMOUNT 1 1 1 1 10 10 ea $667.00 $6,670.00 10 10 hr $72.00 $720.00 3 3 ea $104.00 $312.00 1 1 trip $48.00 $4800 04. HOT MIX ASPHALT CONCRETE SUBTOTAL $7,7so.00 Page 5 of 7 EXHIBIT "A" Page 5 of 7 P122016A E13088 - Gollihar Rd Improvements - Carroll to Weber City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. OS. CONCRETE CYLINDERS C1. CONCRETE Curb and Gutter 107,3.28 LF-1per 500LF LIFTS/MIN QTYFREQ QTY RATE AMOUNT C301-1 CONCRETE CYUNDERS (Min 4) 4 11 44 ea 547.00 52,068.00 5399 CONCRETE CYLINDERS PICK UP FEE 1 6 6 pour 546.00 5276.00 V486 VEHICLE 1 7 7trip 548.00 5336.00 Curb Post & Grate Inlets 107,3628 EA -1 set every 6 each C301.1 CONCRETE CYLINDERS (Min 4) 5399 CONCRETE CYLINDERS PICKUP FEE V486 VEHICLE Driveways 1@7,3gp28 SF-1set every 2500SF 4 1 1 4 16 ea 547.00 5752.00 2 2 pour 546.00 592.00 3 3 trip 548.00 5144.00 C301-1 CONCRETE CYLINDERS (Min 4) 4 4 16 ea $47,00 5752.00 5399 CONCRETE CYLINDERS PICK UP FEE 1 2 2 pour 546.00 $92.00 V486 VEHICLE 1 6 6 trip $48.00 6288.00 Manhole Base/Footing 107,3.W28 EA-1set every 10each C301-1 CONCRETE CYLINDERS (Min 4) 4 3 12 ea 547.00 $564.00 5399 CONCRETE CYUNDERS PICK UP FEE 1 2 2 pour 546.00 592.00 V486 VEHICLE 1 5 5 trip $48.00 5240.00 Sidewalk 107,3028 SF - I set every 4000 SF 0301-1. CONCRETE CYLINDERS (Min 4) 5399 CONCRETE CYLINDERS PICK UP FEE V486 VEHICLE Wingwalis 107,3028 EA -1 per each 4 11 44 ea $47.00 52,068.00 1 5 5 pour 546.00 5230.00 1 6 6 trip 548.00 5288.00 C301-1 CONCRETE CYUNDERS (Min 4) 4 1 4 ea $47.00 5188.00 5399 CONCRETE CYLINDERS PICK UP FEE 1 1 1 pour 546.00 546.00 V486 VEHICLE 1 2 2 trip 548.00 596.00 Wednesday, December 21, 2016 05. CONCRETE CYLINDERS SUBTOTAL $8,612.00 Page 6 of 7 IEXHIBIT "A" Page 6 of 7 GRAND TOTAL $63,725.00 Special Inspection such as REBAR INSPECTION are not Included In this proposal. Please contact us for a quote for these items If needed. Wednesday, December 21, 2016 Page 7 of 7 IEXHIBIT "A" Page 7 of 7 TERMS AND CONDITIONS TO TESTING AGREEMENT ARTICLE 1. SERVICES: Lab will: 1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the City Engineer. 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. Secure representative samples of those materials that the City's contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies specifically designated in writing by the City Engineer. 1.6 Retain records relating to services performed for City for a period of two years following submission of any reports, during which period the records will be made available to the City at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will: 2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by Lab. 2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's services to be performed under this Agreement and which must be promptly notified by Lab when it appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority conceming the Project. 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to: EXHIBIT "B" Page 1 of 6 (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to facilitate the specified inspection and tests; (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that must remain on the Project site prior to, during and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the Project architects, design engineers or any other design agencies or authorities. 3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or other contract documents nor to approve or accept any portion of the work. Lab does not have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab also agree that Lab will not assume responsibility for Project contractors means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non -hazardous samples, and retum hazardous, acutely toxic or radioactive samples and samples' containers and residues to City. City agrees to accept such samples and samples' containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by Lab will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the Agreement or any reports. Lab will not be responsible for the interpretation or use by others of data developed by Lab. ARTICLE 6. INDEMNIFICATION Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a EXHIBIT "B" Page 2 of 6 subcontractor or supplier committed by Lab or its agent, Lab under contract or another entity over which Lab exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Lab shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. ARTICLE 7. INVOICES AND PAYMENT 7.1 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer. 7.2 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. ARTICLE 8. INSURANCE REQUIREMENTS 8.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 8.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) a copy of the Certificate(s) of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate EXHIBIT "B" Page 3 of 6 Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim (Defense costs must be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 8.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Lab is required to provide City with renewal Certificates. 8.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lab shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the professional liability/Errors & Omissions policy; (b) Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; and (c) Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. IEXHIBIT "B" I Page 4 of 6 8.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lab shall provide a replacement Certificate of insurance and applicable endorsements to City. City shall have the option to suspend Lab's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 8.9 In addition to any other remedies the City may have upon Lab's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. 8.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 8.11 It is agreed that Lab's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 8.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE 9. TERMINATION OF AGREEMENT The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to Lab at the address of record. Lab will be compensated for services performed up to termination. ARTICLE 10. CONTROLLING LAW This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lie exclusively in Nueces County, Texas. ARTICLE 11. DISCLOSURE OF INTERESTS 11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement, if required. 11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form 1295 Certificate of Interested Parties as part of this Agreement, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. 11.3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information and to determine if you need to file a Form CIO, please review the information on the City Secretary's website at http:lfwww.cctexas.com/government/city-secretary/conflict-disclosure/index. ARTICLE 12. CLAIMS 12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. 12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. IEXHIBIT "B" Page 5 of 6 ARTICLE 13. EXTENT OF AGREEMENT 13.1 This Agreement, including Exhibit "A" and these Terms and Conditions, represents the entire Agreement between City and Lab and supersedes all prior negotiation, representations or agreements, written or oral. This Agreement may be amended only by a written instrument signed by duly authorized representatives of City and Lab. If any conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and Conditions are controlling. 13.2 In the event that any one or more of the provisions contained in this Agreement are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this Agreement will be construed as if the invalid or unenforceable matters were never included in this Agreement. No waiver of any default will be a waiver of any future default. 13.3 Neither party will assign this Agreement without the express written approval of the other, but Lab may subcontract laboratory procedures as Lab deems necessary to meet the obligations of this Agreement. ARTICLE 14. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice, the Project's general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Project's general contractor's safety measures in, on or near the Project site. EXHIBIT "B" I Page 6 of 6 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 0 n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 0 $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 O n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of arri ti City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Rock Engineering & Testing Laboratory, Inc. P. O. BOX: STREET ADDRESS: 6817 Leopard Street FIRM IS: 1. Corporation 4. Association e CITY: Corpus Christi ZIP: 78409 2. Partnership 5. Other e 3. Sole Owner 0 DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Committee Board, Commission or 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Curtis A. Rock Title: Chief Oneratinn Officer (Type or Print) Signature of Certifying Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a 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. AGREEMENT for Construction Materials Testing and Engineering Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and ROCK ENGINEERING & TESTING LABORATORY. INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Curtis A. Rock, Chief Operating Officer, which agree as follows: 1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project, described as follows: Gollihar Road from Carroll Lane to Kostorvz Road BOND 2014 (Proiect No. E13089) ("PROJECT"). 2. SCOPE OF WORK: Lab shall provide services to the Project in accordance with the accompanying Scope of Services and Fee Schedule attached as Exhibit A and the Terms and Conditions to Agreement attached as Exhibit B. 3. FEE: The City agrees to pay the Lab for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this Agreement, a total fee not to exceed $59.359.00. Monthly invoices will be submitted in accordance with Exhibit C. 4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. 5. OWNERSHIP OF DOCUMENTS: All documents including contract documents (plans and specifications), record drawings, contractor's field data and submittal data will be the sole property of the City and may not be used again by Lab without the express terms written consent of the City Engineer. However, Lab may use standard details that are not specific to this Project. CITY OF CORPUS CHRISTI ROCK ENGINEERING & TESTING LABORATORY, INC. J.H. Edmonds, P.E. Date Curtis A. Rock Director of Engineering Services Chief Operating Officer 6817 Leopard Street Corpus Christi, TX 78409 RECOMMENDED (361) 883-4555 Office Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date Date KIENGINEERING DATAEXCHANGEIANGIEMISTREET1E13089 GOLLIHAR FROM CARROLL TO KOSTORYZ BOND ISSUE 20141ROCK CMT115 1215 TESTING AGREEMENT.DOC Rev. 12115115 APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta Date City Secretary Project No. El 3089 Accounting Unit: 3551-051 Account: 550920 Activity: El 3089013551 EXP Account Category: 50920 Fund Name: Street CIP BOND 2014 Encumbrance No. KIENGINEERING DATAEXCHANGEIANGIEMISTREET\E13089 GOLLIHAR FROM CARROLL TO KOSTORYZ BOND ISSUE 20141ROCK CMT115_1215 TESTING AGREEMENT.DOC Rev. 12/15115 Wednesday, December 21, 2016 City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401 Attn: Jeffrey Edmonds, P.E. •GEOTECHNICAL ENGINEERING •CONSTRUCTION MATERIALS ENGINEERING TESTING •SOILS • ASPHALT • CONCRETE SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED E13089 - Goliihar Rd Improvements - Kostoryz to Carroll Corpus Christi, TX RETL Proposal Number: P122016B Dear Jeffrey Edmonds, P.E. Rock Engineering and Testing Laboratory, Inc. (RETL) (TEPE Firm No. 2101) Is pleased to be selected to perform the Construction Materials Testing for the above referenced project. The Construction Materials Testing for the proposed construction project is based upon quantities as derived from the Plans made available to RETL as of the date of this proposal. The estimated testing for this project is $59,359.00 We understand that we have been chosen to provide these services for this publicly funded project. Therefore, by providing cost information we are not in violation of the Texas Professional Services Procurement Act. The estimated construction materials testing budget is based on a review of the information provided to RETL. An estimated breakdown of field and laboratory testing required is included as an attachment. In order to best respond to the project testing needs and schedules, please schedule testing a minimum of 48 hours in advance in order to defer any potential delays. RETL strives to accomodate all testing requests as they are received and can make accomodations with advanced notice to schedules. Please make note that the actual fees invoiced for this project will be based on the actual testing performed. The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jobsite, elapsed time from technician arrival to commencement of testing activities, and any time the technician is required to be on-site but not performing testing activities. Please be advised that Weekend/Holiday/Overtime Laboratory and Field Testing will be billed at an addtional $38.00 RETL appreciates your consideration of our firm to assist you during the construction phase of your project. If you agree with this proposal, please sign the attached Laboratory Testing Services Agreement, submit the Distribution List and provide billing information. Please do not hesitate to contact me at (361) 883-4555 extension 415 If you have any questions regarding the proposal or would like to discuss further. Sincerely, Pablo Schmitt Estimator Rock Engineering and Testing ROCK ENGINEERING TESTING LABORATORY, INC 6817 LEOPARD STREET • CORPUS CHRISTI, TEXAS. 78409 OFFICE: (361) 883-4555 • FAX: 1361) 883-4711 • www.rocktesting.com Wednesday, December 21, 2016 Page 1 of 5 IEXHIBIT "A" 4 Page 1 of 5 I EXHIBIT "A" I Page 2 of 5 P1220168 E13089—Gollihar Rd Improvements - Kostoryz to Carroll City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 01. LABORATORY G. PERSONNEL Admin Fee LS -lump Sum P119 ADMINISTRATION FEE it time per project) Wednesday, December 21, 2016 LIFTS/MIN QTYFREQ QTY RATE AMOUNT 1 1 1 Is $79.00 $79.00 01. LABORATORY SUBTOTAL $79.00 Page 2 of 5 P122016B E13089 — Gollihar Rd Improvements - Kostoryz to Carroll City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 02. SOILS LIFTS/MIN QTYFREQ QTY RATE AMOUNT Al.SUBGRAAE Densities Asphalt Street LF -1 per 100 LF of each Zane/lift S6D0-1 NUCLEAR FIELD DENSITY (ASTM 06938) V486 VEHICLE Densities Curb & Gutter LF -1 per 500 LF 5600-1 NUCLEAR FIELD DENSITY (ASTM 06938) V486 VEHICLE Densities Driveway EA-levery2 5600-1 NUCLEAR FIELD DENSITY (ASTM 06938) V486 VEHICLE Densities Sidewalks LF - 1 per 5000 LF 5600-1 NUCLEAR FIELD DENSITY (ASTM 06938) V486 VEHICLE Raw Subgrade EA -1 each material type 1 1 1 1 1 1 1 1 130 130 ea 547.00 13 13 trip 548.00 27 27 ea $47.00 5 5 trip $48.00 12 12 ea 547.00 6 6 trip 548.00 B 8 ea $47.00 2 2 trip $48.00 56,110.00 5624.00 $1,269.00 5240.00 $564.00 5288.00 5376.00 596.00 5190 MATERIALS SAMPLING CHARGE 1 1 1 ea $60.00 560.00 5510 PROCTOR - STANDARD ASTM 0698 1 1 1 ea $226.00 5226.00 V486 VEHICLE 1 1 1 trip 548.00 $48.00 AS. BACKFILL Densities Trench Backfill LF -1 per 200 LF of each lane/lift S600-1 NUCLEAR FIELD DENSITY (ASTM 06938) V486 VEHICLE Trench Backfill EA -1 each material type 1 1 362 362 ea 547.00 $17,014.00 37 37 trip $48.00 51,775.00 5190 MATERIALS SAMPLING CHARGE 1 1 1 ea 560.00 $60.00 5510 PROCTOR -STANDARD ASTM D698 1 1 1 ea $226,00 $226.00 V486 VEHICLE 1 1 1 trip 548.00 $48.00 • Wednesday, December 21, 2016 Page 3 of 5 EXHIBIT "A" Page 3 of 5 P122016B E130B9 — Gollihar Rd Improvements - Kostoryz to Carroll City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 02. SOILS SUBTOTAL $29,025.00 03. FLEXIBLE BASE A3. FLEX BASE Densities Compacted Curb & Gutter LF -1 per 200 LF 5600-1 NUCLEAR FIELD DENSITY (ASTM 06938) V486 VEHICLE Densities of Compacted Base LF -1 per 100 IF of each lane/lift 5600-1 NUCLEAR FIELD DENSITY (ASTM 06938) V486 VEHICLE LIFTS/MIN QTYFREQ QTY RATE AMOUNT 1 1 1 1 27 27 ea $47.00 4 4 trip $48.00 $1,269.00 5192.00 260 260 ea $47.00 $12,220.00 26 26 trip $48.00 $1,248.00 03. FLEXIBLE BASE SUBTOTAL $14,929.00 04. HOT MIX ASPHALT CONCRETE LIFTS/MIN QTYFREQ QTY RATE AMOUNT B. ASPHALT Full Series T - 1 per 500 tons A105 ASPHALT FULL SERIES 5191 SAMPLE PREPARATION CHARGE In Place Cores LF-1per 1000LFofstreet A202 ASPHALT CORING/THICKNESS/DENSITY V486 VEHICLE Wednesday, December 21, 2016 1 1 1 1 10 10 ea $667,00 $6,670.00 10 10 hr $72.00 $720.00 3 3 ea 5104.00 1 1 trip $48.00 $312.00 548.00 04. HOT MIX ASPHALT CONCRETE SUBTOTAL $7,750.00 Page 4 of 5 IEXHIBIT "A" Page 4 of 5 P122016B E13089 - Gollihar Rd Improvements - Kostoryz to Carroll City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 05. CONCRETE CYLINDERS CI. CONCRETE Curb & Gutter 1@7,3@28 LF -1 set every 500 LF LIFTS/MIN QTYFREQ QTY RATE AMOUNT C301-1 CONCRETE CYLINDERS (Min 4) 4 11. 44 ea 547.00 $2,068.00 5399 CONCRETE CYLINDERS PICK UP FEE 1 6 6 pour $46.00 5276.00 V486 VEHICLE 1 7 7 trip $48.00 $336.00 Curb Post & Grate Inlets 1@7,3@28 EA - 1 set every 6 each C301-1 CONCRETE CYLINDERS (Min 4) 4 3 12 ea $47.00 $564.00 5399 CONCRETE CYLINDERS PICK UP FEE 1 2 2 pour $46.00 $92.00 V486 VEHICLE 1 3 3 trip $48.00 $144.00 Driveways 107,3028 5F - 1 set every 2500 SF C301-1 CONCRETE CYLINDERS (Min 4) 4 4 16 ea $47.00 $752.00 5399 CONCRETE CYUNDERS PICK UP FEE 1 2 2 pour $46.00 $92.00 V486 VEHICLE 1 6 6 trip 548.00 5288.00 Manhole Base/Footing 1($7,3@28 EA -1 set every 10 each 0301-1 CONCRETE CYLINDERS (Min 4) 4 2 8 ea $47.00 $376.00 5399 CONCRETE CYLINDERS PICK UP FEE 1 1 1 pour 546.00 546.00 V486 VEHICLE 1 3 3 trip $48.00 $144.00 Sidewalk 1@7,3@28 5F.1 set every 4000 SF C301-1 CONCRETE CYLINDERS (Min 4) 4 10 40 ea $47.00 $1,880.00 5399 CONCRETE CYLINDERS PICK UP FEE 1 5 5 pour $46.00 $230.00 V486 VEHICLE 1 6 6 trip $48.00 5288.00 05. CONCRETE CYLINDERS SUBTOTAL $7,576.00 GRAND TOTAL $59,359.00 Special inspection such as REBAR INSPECTION are not included in this proposal. Please contact us for a quote for these items if needed. Wednesday, December 21, 2016 Page 5 of 5 EXHIBIT "A" Page5of5 TERMS AND CONDITIONS TO TESTING AGREEMENT ARTICLE 1. SERVICES: Lab will: 1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the City Engineer. 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. Secure representative samples of those materials that the City's contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies specifically designated in writing by the City Engineer. 1.6 Retain records relating to services performed for City for a period of two years following submission of any reports, during which period the records will be made available to the City at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will: 2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by Lab. 2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's services to be performed under this Agreement and which must be promptly notified by Lab when it appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority concerning the Project. 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to: EXHIBIT "B" I Page 1 of 6 EXHIBIT "B" I Page 2 of 6 (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to facilitate the specified inspection and tests; (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that must remain on the Project site prior to, during and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the Project architects, design engineers or any other design agencies or authorities. 3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or other contract documents nor to approve or accept any portion of the work. Lab does not have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab also agree that Lab will not assume responsibility for Project contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non -hazardous samples, and return hazardous, acutely toxic or radioactive samples and samples' containers and residues to City. City agrees to accept such samples and samples' containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by Lab will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the Agreement or any reports. Lab will not be responsible for the interpretation or use by others of data developed by Lab. ARTICLE 6. INDEMNIFICATION Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsuttant, 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 IEXHIBIT "B" I Page 3 of 6 subcontractor or supplier committed by Lab or its agent, Lab under contract or another entity over which Lab exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Lab shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. ARTICLE 7. INVOICES AND PAYMENT 7.1 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer. 7.2 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. ARTICLE 8. INSURANCE REQUIREMENTS 8.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 8.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) a copy of the Certificate(s) of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim (Defense costs must be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 8.3 In the event of accidents of any kind related to this agreement, Lab must fumish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Lab is required to provide City with renewal Certificates. 8.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lab shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the professional liability/Errors & Omissions policy; (b) Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; and (c) Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not Tess than ten (10) calendar days advance written notice for nonpayment of premium. IEXHIBIT "B" I Page 4 of 6 8.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lab's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 8.9 In addition to any other remedies the City may have upon Lab's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. 8.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 8.11 It is agreed that Lab's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 8.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE 9. TERMINATION OF AGREEMENT The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to Lab at the address of record. Lab will be compensated for services performed up to termination. ARTICLE 10. CONTROLLING LAW This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lie exclusively in Nueces County, Texas. ARTICLE 11. DISCLOSURE OF INTERESTS 11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement, if required. 11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form 1295 Certificate of Interested Parties as part of this Agreement, if required. For more information, please review the information on the Texas Ethics Commission website at httos://www.eth ics. state. tx. us. 11.3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/oovernment/city-secretary/conflict-disclosure/index. ARTICLE 12. CLAIMS 12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. 12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. EXHIBIT "B" Page 5 of 6 ARTICLE 13. EXTENT OF AGREEMENT 13.1 This Agreement, including Exhibit "A" and these Terms and Conditions, represents the entire Agreement between City and Lab and supersedes all prior negotiation, representations or agreements, written or oral. This Agreement may be amended only by a written instrument signed by duly authorized representatives of City and Lab. If any conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and Conditions are controlling. 13.2 In the event that any one or more of the provisions contained in this Agreement are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this Agreement will be construed as if the invalid or unenforceable matters were never included in this Agreement. No waiver of any default will be a waiver of any future default. 13.3 Neither party will assign this Agreement without the express written approval of the other, but Lab may subcontract laboratory procedures as Lab deems necessary to meet the obligations of this Agreement. ARTICLE 14. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice, the Project's general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Project's general contractors safety measures in, on or near the Project site. EXHIBIT "B" Page 6 of 6 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 0n/a 14,166 0 0 14,166 0 0 0 0% 0 0 0 0 0 0 0n/a $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 0 n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Rock Engineering & Testing Laboratory, Inc. P. O. BOX: STREET ADDRESS: 6817 Leopard Street FIRM IS: 1. Corporation 4. Association B CITY: Corpus Christi ZIP: 78409 2. Partnership 5. Other e 3. Sole Owner DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Committee Board, Commission or 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Curtis A. Rock Title: Chief Oneratine Officer (Type or Print) Signature of Certifying Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g. 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: 2016-149261 Date Filed: 12/28/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Haas-Anderson Construction, Ltd. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E13088 & E13089 Gollihar Road Improvements Kostoryz Road to Weber Road Bond 2014 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Haas, Darryl Corpus Christi, TX United States X Anderson, Jim Corpus Christi, TX United States X Lamon, Tim Corpus Christi, TX United States X Parish, Jim Corpus Christi, TX United States X Cullen, Drew Corpus Christi, TX United States X Moore, Randall Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. vit4N, LEE ANN MITT SMITH ' � NOTARY PUBLIC '' % , i COMMISSION EXPIREB: i0.12-118-2017 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE a ?-1-4 Swo n t and subscribed before me, by the said D I^Ct�i e I re, , this the day of G 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administe " g oath 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: 2017-152343 Date Filed: 01/10/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Rock Engineering and Testing Laboratory, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E13088 Construction Materials Engineering 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. s;"""'" ANDREA 8. CANTU 3_:' .i ' Notary Public, State of Texas N,`:�'�'P� Comm. Expires 05-10-2020 ''9lE O,, ;,,, . Notary ID 124920504 • Signature of authorized agent of contracting AFFIX NOTARY STAMP / SEAL ABOVE /p�� �',q`—n i1 f Sworn tt�o and subscribed before me, by the said ` 'U� \ 1 We -�� Ot �1�. , this the ) business entity \� O day of -t.n, 20 11 , to certify which, witness my hand and seal of office. ail ..N2..a.--0 irdirea_L-6-Cbn-A Lti/Ia.eAr__'Sbutre<fc 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 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: 2017-152335 Date Filed: 01/10/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Rock Engineering and Testing Laboratory, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 13089 Construction Materials Engineering 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. • ``"""''% ANDREA 8. CANTU _Notary Public, State of Texas . o' s'• . 4,... Comm. Expires 05-10-2020 -.• ',,;," `ur,,,, Notary ID 124!20504 n AFFIX ` NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said l l (Aa Signature of authorized agent of contracting business entity /�a C. , 1k_ , this the 10 day of • 20 t1 , to certify which, witness my hand and seal of office. ONd AS2_0,-- .02r .Chn-tu kunrun e3 xi rce 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 Corpus Chr sti Engineering Gollihar Road Improvements (Weber Road to Carroll Lane & Carroll Lane to Kostoryz Road ) (Bond 2014, Proposition 1) Council Presentation January 24, 2017 Project Location �hrsti Engineering Corpus Christ by O O�- GOLLIHAR RD 2 Project Vicinity 4000 Corpus Chr sti Engineering Gollihar Road Cross Sections 0 �hrsti Engineering HOT MIX ASPHALT CONCRETE (HMAC) 5" HMAC 9" LIMESTONE BASE 12" COMPACTED UPGRADE PRIME COAT GEOGRID CYCLE TRACK CYCLE TRACK SIDEWALK TRAVEL LANES TRAVEL LANES SIDEWALK 4 Project Scope Corpus Chr sti Engineering This is two (2) Gollihar Road Bond 2014 projects for full depth reconstruction of the 5 -lane existing HMAC roadway including: New HMAC pavement with pavement markings and signage New cycle tracks and sidewalks behind the curb New sidewalks, ADA ramps, curb and gutter, concrete bus stops Upgraded traffic signals at Gollihar/Carroll intersection Underground utility improvements include storm water, wastewater, water and gas Project Schedule �hrsti Engineering 2016 1 2017 2018 19 0 N D J Bid/Award F M A M J J A S 0 N D J F M A M J J A S 0 N D J Construction Construction Estimate: 720 days (24 months) AGENDA MEMORANDUM Future Item for the City Council Meeting of January 24, 2017 Action Item for the City Council Meeting of January 31, 2017 DATE: December 28, 2016 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Andres Leal, Jr., P. E., Interim Director of Street Operations andyl@cctexas.com (361) 826-1957 CAPTION: J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Engineering Construction Contract Street Preventative Maintenance Program (SPMP) FY 2017 — Street Overlays Motion authorizing the City Manager, or designee, to execute a construction contract with Bay, LTD. of Corpus Christi, Texas in the amount of $9,421,462.50 for the total base bid and two (2) one-year renewal options for the Street Preventative Maintenance Program (SPMP) street overlays and to execute two construction materials testing agreement with Rock Engineering for Part 1 — West in the amount of $74,965.00 and for Part 2 — East in the amount of $74,965.00 for SPMP street overlays. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract and a construction materials testing agreement for Street Preventative Maintenance Program street overlays project. BACKGROUND AND FINDINGS: This project is the continuation of the City Council approved 10 -year street maintenance program with an annual $15M budget for citywide Street Preventative Maintenance Program (SPMP) funded in part by the approved street maintenance fee. The program is entering the 4th year (FY 2017). This item provides the construction contract for Hot -Mix Asphalt Concrete (HMAC) overlays and associated construction material testing for FY 2017. The construction contract for HMAC overlays is a multi-year Indefinite Delivery Indefinite Quantity (IDIQ) construction contract with one base year plus two 1 -year optional renewals. Multiple "Delivery Orders" (DOs) will be issued to the contractor with specific scope and quantities for each street to implement the approved street work -plan throughout the City. The contractor's bid prices are the basis for the DO unit prices. The combined Overlay project was developed and bid as a single project with two Base Bid Schedules; Parts 1 — West of Crosstown and Part 2 — East of Crosstown. It is anticipated that up to five DOs will be issued for each part, for a total of ten potential DOs. The two smaller Base Bid Schedules were provided to increase competition and opportunities for small contractors to participate and potentially allow award to multiple contractors. Overlay reconstruction consists of milling the upper layer of HMAC (typically 1-1/2") with required base repairs, crack seal, limited curb & gutter, ADA improvements and other miscellaneous activities. The DOs identify specific streets and quantities to track all work and cost per street. Construction Materials Testing is required for the base material, HMAC and concrete to verify conformance to City standards for thickness, compaction and strength. Testing is performed at standard intervals based on the City's testing schedule, typically 300' intervals. The City website contains a list of all streets maintained through the SPMP and Street Department. The project bid on December 7, 2016, with bids as follows: Description Contractor Bay, Ltd. Haas -Anderson Construction, Ltd. J. Carroll Weaver, Inc. Base Bid Part 1 (West) $4,731,555.75 $4,963,940.25 $7,045,730.34 Base Bid Part 2 (East) $4,689,906.75 $4,781,940.25 $7,045,730.34 Total Base Bid $9,421,462.50 $9,745,880.50 $14,091,460.68 ALTERNATIVES: 1. Authorize execution of one construction contract to one contractor for both parts. (Recommended) 2. Authorize execution of two construction contracts, one for each part. (Not Recommended) 3. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: LNV, Inc. is the design engineer that was selected for this project under RFQ 2016-01. Bay, Ltd. was evaluated and determined responsive, responsible and capable to complete both parts. Therefore, a single contract for construction of overlays for the SPMP program is recommended. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Budget and Expenditures Current Year Future Years TOTALS Budget $762,939.00 $10,287,061.00 $11,050,000.00 Encumbered / Expended Amount 762,939.00 0 762,939.00 This item $9,571,392.50 $9,571,392.50 Future Anticipated Expenditures This Project 601,500.00 601,500.00 BALANCE $0 $114,168.50 $114,168.50 Fund(s): Comments: N/A RECOMMENDATION: City staff and LNV recommend one construction contract be awarded to Bay, LTD., for both parts, in the amount of $9,421,462.50 for the total base bid and to award two construction materials testing agreement with Rock Engineering in the amount of $74,965.00 for Part 1 — West and in the amount of $74,965.00 for Part 2 - East for the SPMP street overlays project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Letter of Recommendation Form 1295 — Bay, Ltd. Testing Agreement West Testing Agreement East Form 1295 — Rock Eng. (2) 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: 2017-152328 Date Filed: 01/10/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Rock Engineering and Testing Laboratory, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16261 SPMP Fiscal Overlays Construction Materials Engineering 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. J,,,µy p,,,,, ANDREA B. CANTU r;°.- �'•.`e, Notary Public, State of Texas . -rE. ,...Comm, Expires 05-10-2020 .':;FOP,`,;,°, Notary ID 124920504 • Sig lure of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE f Sworn to and subscribed before me, by the said Oe C d2 L , this the k day of ae.,1 �. 20 ll , to certify which, witness my hand and seal of office. C0QNouu2a. re, (B. C'cn-Eu ,,,,,,,,,,,,,,-Q.0.,,,,,,,,s- Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 PROJECT BUDGET ESTIMATE E16261 STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2017 PROJECT FUNDS AVAILABLE: Street Operating $ 11,050,000 TOTAL 11,050,000 FUNDS REQUIRED: Construction: Construction (Bay, Ltd.) Overlay THIS ITEM 9,421,463 Contingecy (0%) Design Fees: Preliminary Design (LNV) 49,760 Engineering Amendment 1 (LNV) 676,269 Contract for Bid Docs (LNV) 36,910 Geotechnical Inspection (Estimate) 49,000 Testing and Inspection: Construction Materials Testing - Overlay (Rock) Part 1 West...THIS ITEM 74,965 Construction Materials Testing - Overlay (Rock) Part 2 East...THIS ITEM 74,965 Construction Inspection (estimate) 276,000 Reimbursements: Contract Administration (Engineering/Finance/Capital Budget) 138,000 Engineering Services (Project Mgt/Constr Mgt) 138,000 Misc. (Printing, Advertising, etc.) 500 TOTAL 10,935,832 ESTIMATED PROJECT BUDGET BALANCE $ 114,168 Edrop Tait Odem I -9lrn a r iii Ac (250 Doyle Portland Irgteside Arc NiJer;2s ENY Ircjrc:.. h San ,d ro Robstowini hristl Zet.o�r a Must Isla. Petronila Tierra Grande Mo Str7Rn Wand Srate Pari Chaprns r Ranch LOCATION MAP NOT TO SCALE PROJECT: E16261 Street Preventative Maintenance Program Fiscal Year 2017 Street Overlays CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering Street Preventative Maintenance Program (SPMP) Fiscal Year 2017 - Street Overlays Council Presentation January 24, 2017 Project Location �hrsti Engineering Overlays: • Bid in two parts to increase competition and to increase opportunities for small business • Developed in 2 parts to increase competition and increase opportunities for small business Project Scope �hrsti Engineering This provides for the construction and material testing for the SPMP overlay project (2017-2019). The project includes one base year plus two 1 - year optional extensions. Individual delivery orders (DO's) will be prepared for each year. The following is the summary of the overlay project construction: Two Parts: Part 1 (West), Part 2 (East) with up to 5 DO's for each part. The work includes: New HMAC surface layer with milling & replacement of 1-2 inches Repairs to the existing HMAC pavement of limestone base, and subgrade as needed Limited curb & gutter replacement, and Adjustments to utility manhole ring and covers 3 LNV engineers architects contractors Solutions Today with a Vision for Tomorrow December 16, 2016 J.H. Edmonds, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 Re: Street Preventative Maintenance Program (SPMP) Fiscal Year 2017 Indefinite Delivery Indefinite Quantity (IDIQ) Street Overlays Project No. E16261 Construction Contract Award Recommendation Dear Mr. Edmonds: On Wednesday, December 7, 2016, three (3) bids were received and opened for the above referenced project. One (1) of the bids contained errors due to a mistake in the online form, but did not change the outcome of the low bidder. The apparent low bidder based on the Total Base Bid for both Part 1 (West) and Part 2 (East) is Bay, Ltd. of Corpus Christi, Texas. Total Base Bid summary is shown below: Description Contractor Berry Contracting LP, DBA Bay, Ltd. Haas -Anderson Construction, Ltd. J. Carroll Weaver, Inc. Base Bid Part 1 - (West) $4,731,555.75 $4,963,940.25 $7,045,730.34 Base Bid Part 2 — (East) $4,689,906.75 $4,781,940.25 $7,045,730.34 Total Base Bid $9,421,462.50 $9,745,880.50 $14,091,460.68 This project consisted of a base bid only and no alternatives. The scope of work for these improvements is included below: Base Bid: This project is part of the Citywide Street Preventative Maintenance Program Fiscal Year 2017 program that provides for the implementation of the citywide SPMP, consisting of hot -mix asphalt overlays and seal coats for selected arterial, collector and local (residential) streets. THIS CONTRACT IS FOR STREET OVERLAYS ONLY. Up to five (5) delivery orders will be issued for each of two (2) designated areas. Two Base Bid Schedules, included in this single bid invitation, are for two (2) designated areas within the city limits as follows: Base Bid Part 1 (West) and Base Bid Part 2 (East). This project is an IDIQ construction contract to perform street overlay improvements throughout the City, including minor utility manhole ring & cover and valve cover adjustments. The Work will be issued in individual work orders called "Delivery Orders" that provide specific scope and requirements. 801 NAVIGATION 1 SUITE 300 1 CORPUS CHRISTI, TEXAS 78408 OFFICE 361.883.1984 1 FAX 361.883.1986 1 WWW.LNVINC.COM CNV Solutions Today with a engineers architects contractors Vision for Tomorrow We reviewed the information required in Section 00 45 16 Statement of Experience of the contract documents that was submitted by Bay, Ltd. and found no anomalies. This information is enclosed for your review. Bay, Ltd. is very familiar with City of Corpus Christi Street Projects of this scope. It is our opinion that Bay, Ltd. is capable of completing a job of this magnitude. Bay, Ltd. also has several construction projects currently ongoing for the City of Corpus Christi and throughout this area as listed in their Section 00 45 16 Statement of Experience. The bids received for this project are within the City budget for SPMP FY2017 Street Overlays. Based on the information submitted by the bidders, and upon evaluating the funding and priority for the need of the project, LNV recommends that the City award the following project to Bay, Ltd. • Base Bid Part 1- (West): $4,731,555.75 • Base Bid Part 2- (East): $4,689,906.75 • Base Bid Total : $9,421,462.50 Also enclosed is the project bid tabulation and Bay, Ltd.'s bid proposal for this project. Please feel free to contact us if you have any questions. Sincerely, LNV, Inc. TBPE No. F-366 Norman Ramirez, EIT Project Manager Enclosures: 1. Section 00 45 16 Statement of Experience 2. Bid Tabulation 3. Bay, Ltd. Bid Proposal cc: Chris Hale, P.E. Sylvia Arriaga 801 NAVIGATION 1 SUITE 300 1 CORPUS CHRISTI, TEXAS 78408 OFFICE 361 883.1984 1 FAX 361.883.1986 1 WWW.LNVINC.COM 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: 2017-152275 Date Filed: 01/10/2017 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. City of Corpus Christi Engineering Services 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. E16261 Street Preventative Maintenance Program (SPMP) Fiscal Year 2017 Indefinite Delivery Indefinite Quantity (IDIQ) Street Overlays 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Lentz, Jon Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ ,,NppllrlOIM.16 t ;'��' 6 AFFIDAVIT ,0,, N- .. R. �4a,�,� Y (� ��,� I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. rte•* PG SI. i co 01 ° �4. 5ignatu of authorized agent of contracting busine s entity r o ' AFFIX NOTARY S'i'Alylio / igALN2A8bVEJon L-e1 Sworn to and subscribed before me, by the said r' , this the 1 O r day of Janna► 20 11 to certify which, witness my hand and seal of office. g.tevin4 Nd t -Publ/' 2t,g41/4_. 5Rel ;dL Signature of officer administering oath Printed name of officer administering oath Title ofrofficer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 AGREEMENT for Construction Materials Testing and Engineering Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and ROCK ENGINEERING & TESTING LABORATORY, INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Curtis A. Rock, Chief Operating Officer, which agree as follows: 1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project, described as follows: SPMP FY 2017 Street Overlays - West (Project No. E16261) ("PROJECT'). 2. SCOPE OF WORK: Lab shall provide services to the Project in accordance with the accompanying Scope of Services and Fee Schedule attached as Exhibit A and the Terms and Conditions to Agreement attached as Exhibit B. 3. FEE: The City agrees to pay the Lab for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this Agreement, a total fee not to exceed $74,965.00. Monthly invoices will be submitted in accordance with Exhibit C. 4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. 5. OWNERSHIP OF DOCUMENTS: All documents including contract documents (plans and specifications), record drawings, contractor's field data and submittal data will be the sole property of the City and may not be used again by Lab without the express terms written consent of the City Engineer. However, Lab may use standard details that are not specific to this Project. CITY OF CORPUS CHRISTI ROCK ENGINEERING & TESTING LA- RATO C. Cz� January 09, 2016 J.H. Edmonds, P.E. Date Curtis A. Rock Roetta C. Rock, President Date Director of Engineering Services Chief Operating Officer 6817 Leopard Street Corpus Christi, TX 78409 RECOMMENDED (361) 883-4555 Office Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date KIENGINEERING DATAEXCHANGEIANGIEMISTREETIE16261 SPMP YEAR *ROCK CMT FOR WEST1151215 TESTING AGREEMENT.DOC Rev. 12/15/15 APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta Date City Secretary Project No. E16261 Accounting Unit: 1041-12415-051 Account: 530000 Activity: E16261011041 EXP Account Category: 30000 Fund Name: Street Fund Encumbrance No. KIENGINEERING DATAEXCHANGEIANGIEMISTREETVE16261 SPMP YEAR 41ROCK CMT FOR WEST151215 TESTING AGREEMENT.DOC Rev. 12/15/15 Friday, January 06, 2017 City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401 Attn: Jeffrey Edmonds, P.E. •GEOTECHNICAL ENGINEERING •CONSTRUCTION MATERIALS ENGINEERING TESTING *SOILS • ASPHALT • CONCRETE SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED E16261 SPMP Fiscal Year 2017 IDIQ Street Overlays - West Corpus Christi, TX R E T L Proposal Number: P010617A2 Dear Jeffrey Edmonds, P.E. Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm No. 2101) is pleased to be selected to perform the Construction Materials Testing for the above referenced project. The Construction Materials Testing for the proposed construction project is based upon quantities as derived from the Plans made available to RETL as of the date of this proposal. The estimated Testing for this project is $74,965.00 We understand that we have been chosen to provide these services for this publicly funded project. Therefore, by providing cost information we are not in violation of the Texas Professional Services Procurement Aci. The estimated construction materials testing budget is based an a review of the information provided to RETL. An estimated breakdown of field and laboratory testing required is included as an attachment. In order to best respond to the project testing needs and schedules, please schedule testing a minimum of 48 hours in advance in order to defer any potential delays. RBI. strives to accomodate all testing requests as they are received and can make accomodations with advanced notice to schedules. Please make note that the actual fees invoiced for this project will be based on the actual testing performed. The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jobsile, elapsed time from technician arrival to commencement of testing activities, and any time the technician is required to be on-site but not performing testing activities. Please be advised that Weekend/Holiday/Overtime Laboratory and Field Testing will be billed at an addtional $33.00 7 RETL appreciates your consideration of our firm to assist you during the construction phase of your project. If you agree with this proposal, please sign the attached Laboratory Testing Services Agreement, submit the Distribution List and provide billing information. Please do not hesitate to contact me at (361) 883-4555 extension 415 if you have any questions regarding the proposal or would like to discuss further. Sincerely, Pablo Schmitt Estimator Rock Engineering and Testing ROCK ENGINEERING TESTING LABORATORY, INC 6817 LEOPARD STREET • CORPUS CHRISTI, TEXAS, 78409 OFFICE: 0611883-4555 • FAX: )361) 883-4711 • www.rocktesting.cam Friday, January 06, 2017 Page 1 of 4 EXHIBIT "A" Page 1 of 4 P010617A2 E16261 SPMP Fiscal Year 2017 IDIQ Street Overlays - West City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 00. LABORATORY Admin Fee Project Setup P119 ADMINISTRATION FEE (1 time per project) LIFTS/MIN QTYFREQ QTY RATE AMOUNT 1 1 1 Is 579.00 579.00 00. LABORATORY SUBTOTAL $79.00 01. INVESTIGATIVE ANALYSIS LIFTS/MIN QTYFREQ QTY RATE AMOUNT L L49/FIELD 100 Cores. Care through Asphalt, base and hand auger 1 ft Into subgrade P396 ENGINEERING TECHNICIAN 5486T TRAFFIC CONTROL V486 VEHICLE S1.50/15 - SUBGRADE PI/LL and Moisture 5310 ATTERBERG LIMITS/PLASTICITY INDEXASTM 04318 5532 MOISTURE CONTENT 53. SOILS - FLEX BASE Composite PI/LL 1 192 192 hr 566.00 $12,672.00 1 12 12 day $2,016.00 524,192.00 1 12 12 trip $48.00 5576.00 1 1 100 100 ea $63.00 56,300.00 100 100 ea $16.00 51,600.00 5502 ATTERBERG UMITS/PLASTFClTY INDEX (with Aggregate) ASTM 04318 1 70 70 ea $99.00 56,930.00 Friday, January 06, 2017 01. INVESTIGATIVE ANALYSIS SUBTOTAL $52,270.00 Page 2 of 4 EXHIBIT "A" Page 2of4 P010617A2 E16261 SPMP Fiscal Year 2017 IDIQ Street Overlays - West City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 02. OVERLAY AND SEALCOAT REPAIRS A. ASPHALT LIFTS/MIN QTYFREQ QTY RATE AMOUNT A105 ASPHALT FULL SERIES 1 3 Sea $667.00 $2,001.00 A202 ASPHALT CORING/THICKNESS/DENSITY 1 9 9 ea 5104.00 $936.00 5191 SAMPLE PREPARATION CHARGE 1 3 3 hr $72.00 5216.00 5200 ROLLING PATTERN 1 50 50 hr 574.00 53,700.00 C1. CONCRETE 11157,3928 C301-1 CONCRETE CYLINDERS (Min 4) 4 22 88 ea 547.00 $4,136.00 0501 OBSERVATIONS (Pier, Rebar, Structural Steel, etc) 1 5 5 hr $91.00 5455.00 S399 CONCRETE CYLINDERS PICK UP FEE 1 22 22 pour $46,00 $1,012.00 M. MISCELLANEOUS Vehicle Fees for Densities, Material Sampling and Concrete Cylinders V486 VEHICLE S1. SOILS - SUBGRADE 1 32 32 trip 548.00 51,536.00 5190 MATERIALS SAMPLING CHARGE 1 5 5 ea 560.00 5300.00 5310 ATTERBERG LIMITS/PLASTICITY INDEX ASTM 04318 1 5 5 ea 563.00 5315.00 5510 PROCTOR -STANDARDASTM D698 1 5 5 ea 5226.00 51,130.00 5600-1 NUCLEAR FIELD DENSITY MIN 3 (ASTM D6938) 1 24 24 ea $47.00 $1,128,00 53. SOILS - FLEX BASE S190 MATERIALS SAMPLING CHARGE 1 4 4 ea $60.00 5240.00 5502 ATTERBERG UMITS/PLASTICITY INDEX (with Aggregate) ASTM D4318 1 4 4 ea $99.00 $396.00 5504 GRADATION (Sieve Analysis} 1 4 4 ea 599.00 $396.00 S522 PROCTOR- MODIFIED ASTM D1557 1 4 4ea 5266.00 $1,064.00 5546 WET BALL MILL 1 4 4 ea $338.00 51,352.00 5600-1 NUCLEAR FIELD DENSITY MIN 3 (ASTM D6938) 1 49 49 ea 547.00 52,303.00 Friday, January 06, 2017 02. OVERLAY AND SEALCOAT REPAIRS SUBTOTAL $2Z,616.00 Page 3 of 4 EXHIBIT "A" Page 3 of 4 GRAND TOTAL $74,965.00 Special inspection such as REBAR INSPECTION are not Included In this proposal. Please contact us for a quote for these items if needed. Friday, January 06, 2017 Page 4 of 4 IEXHIBIT "A" Page 4 of 4 TERMS AND CONDITIONS TO TESTING AGREEMENT ARTICLE 1. SERVICES: Lab will: 1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the City Engineer. 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. Secure representative samples of those materials that the City's contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies specifically designated in writing by the City Engineer. 1.6 Retain records relating to services performed for City for a period of two years following submission of any reports, during which period the records will be made available to the City at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will: 2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by Lab. 2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's services to be performed under this Agreement and which must be promptly notified by Lab when it appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority concerning the Project. 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to: IEXHIBIT"B" I Page 1 of 6 (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to facilitate the specified inspection and tests; (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that must remain on the Project site prior to, during and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the Project architects, design engineers or any other design agencies or authorities. 3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or other contract documents nor to approve or accept any portion of the work. Lab does not have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab also agree that Lab will not assume responsibility for Project contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non -hazardous samples, and retum hazardous, acutely toxic or radioactive samples and samples' containers and residues to City. City agrees to accept such samples and samples' containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by Lab will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the Agreement or any reports. Lab will not be responsible for the interpretation or use by others of data developed by Lab. ARTICLE 6. INDEMNIFICATION Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a IEXHIBIT "B" I Page 2 of 6 subcontractor or supplier committed by Lab or its agent, Lab under contract or another entity over which Lab exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Lab shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. ARTICLE 7. INVOICES AND PAYMENT 7.1 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer. 7.2 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. ARTICLE 8. INSURANCE REQUIREMENTS 8.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 8.2 Lab must fumish to the Director of Engineering Services with the signed agreement (or amendment) a copy of the Certificate(s) of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate EXHIBIT "B" Page 3 of 6 Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non -Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) (Defense costs must be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 8.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no Tess than A- VII. Lab is required to provide City with renewal Certificates. 8.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lab shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the professional liability/Errors & Omissions policy; (b) Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; and (c) Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. IEXHIBIT "B" I Page 4 of 6 EXHIBIT "B" I Page 5 of 6 8.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lab's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 8.9 In addition to any other remedies the City may have upon Lab's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. 8.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 8.11 It is agreed that Lab's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 8.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE 9. TERMINATION OF AGREEMENT The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to Lab at the address of record. Lab will be compensated for services performed up to termination. ARTICLE 10. CONTROLLING LAW This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lie exclusively in Nueces County, Texas. ARTICLE 11. DISCLOSURE OF INTERESTS 11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement, if required. 11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form 1295 Certificate of Interested Parties as part of this Agreement, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. 11.3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.cam/govemment/citv-secretary/conflict-disclosure/index. ARTICLE 12. CLAIMS 12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. 12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. EXHIBIT "B" I Page 6 of 6 ARTICLE 13. EXTENT OF AGREEMENT 13.1 This Agreement, including Exhibit "A' and these Terms and Conditions, represents the entire Agreement between City and Lab and supersedes all prior negotiation, representations or agreements, written or oral. This Agreement may be amended only by a written instrument signed by duly authorized representatives of City and Lab. If any conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and Conditions are controlling. 13.2 In the event that any one or more of the provisions contained in this Agreement are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this Agreement will be construed as if the invalid or unenforceable matters were never included in this Agreement. No waiver of any default will be a waiver of any future default. 13.3 Neither party will assign this Agreement without the express written approval of the other, but Lab may subcontract laboratory procedures as Lab deems necessary to meet the obligations of this Agreement. ARTICLE 14. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice, the Project's general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Project's general contractor's safety measures in, on or near the Project site. Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoi $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 O n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 O $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 O n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% City CorpChn ti City of Corpus Christi Ordinance 17112, as amended,, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST COMPANY NAME: Rock Engineering & Testing Laboratory, Inc. P. O. BOX: STREET ADDRESS: 6817 Leopard Street FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi ZIP: 78409 2. Partnership 5. Other a 3. Sole Owner DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Committee Board, Commission or 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant a FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Roetta C. Rock, President Certifying Person: Curtis A. Rock Title: Chief Oneratine Officer Signature of Certifying Person: DEFINITIONS Date: January 09, 2016 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. AGREEMENT for Construction Materials Testing and Engineering Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and ROCK ENGINEERING & TESTING LABORATORY, INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Curtis A. Rock, Chief Operating Officer, which agree as follows: 1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project, described as follows: SPMP FY 2017 Street Overlays - East (Project No. E16261) ("PROJECT"). 2. SCOPE OF WORK: Lab shall provide services to the Project in accordance with the accompanying Scope of Services and Fee Schedule attached as Exhibit A and the Terms and Conditions to Agreement attached as Exhibit B. 3. FEE: The City agrees to pay the Lab for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this Agreement, a total fee not to exceed $74.965.00. Monthly invoices will be submitted in accordance with Exhibit C. 4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. 5. OWNERSHIP OF DOCUMENTS: All documents including contract documents (plans and specifications), record drawings, contractor's field data and submittal data will be the sole property of the City and may not be used again by Lab without the express terms written consent of the City Engineer. However, Lab may use standard details that are not specific to this Project. CITY OF CORPUS CHRISTI ROCK ENGINEERING & TESTING LABORATORY, INC. V'l-e' aZ January 9, 2017 J.H. Edmonds, P.E. Date Curtis A. Rock Roetta C. Rock, President Date Director of Engineering Services Chief Operating Officer 6817 Leopard Street Corpus Christi, TX 78409 RECOMMENDED (361) 883-4555 Office Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date KIENGINEERING DATAEXCHANGE ANGIEMISTREET1E16261 SPMP YEAR *ROCK CMT FOR EAS -1115 1215 TESTING AGREEMENT.DOC Rev. 12/15/15 APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta Date City Secretary Project No. E16261 Accounting Unit: 1041-12415-051 Account: 530000 Activity: El 6261011041 EXP Account Category: 30000 Fund Name: Street Fund Encumbrance No. K:4ENGINEERING DATAEXCHANGEIANGIEMISTREET1E16261 SPMP YEAR 41ROCK CMT FOR EAST4151215 TESTING AGREEMENT.DOC Rev. 12/15/15 EXHIBIT "A'° Page 1 of 4 I Friday, January 06, 2017 City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401 Attn: Jeffrey Edmonds. P.E. •GEOTECHNICAL ENGINEERING •CONSTRUCTION MATERIALS ENGINEERING TESTING •SOILS • ASPHALT • CONCRETE SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED E16261 SPMP Fiscal Year 2017 IDIQ Street Overlays - East Corpus Christi, TX RETL Proposal Number: P010617A1 Dear Jeffrey Edmonds. P.E. Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firrn No. 2101) is pleased to be selected to perform the Construction Materials Testing for the above referenced project. The Construction Materials Testing for the proposed construction project is based upon quantities as derived from the Plans made available to RETL as of the date of this proposal. The estimated testing for this project Is $74.965.00 __ ._. We understand that we have been chosen to provide these services for this publicly funded project. Therefore, by providing cost information we are not in violation of the Texas Professional Services Procurement Act. The estimated construction materials testing budget is based on a review of the information provided to RETL. An estimated breakdown of field and laboratory testing required is Included as an attachment. In order to best respond to the project testing needs and schedules, please schedule testing a minimum of 48 hours in advance in order to defer any potential delays. RETL strives to accomodate all testing requests as they are received and can make accomodations with advanced notice to schedules. Please make note that the actual fees invoiced for this project will be based on the actual testing performed. The total fee assessed will be dependent on the contractor's construction techniques. number of trips made to the jobsife, elapsed time from technician arrival to commencement of testing activities, and any time the technician is required to be on-site but not performing testing activities. Please be advised that Weekend/Holiday/Overtime Laboratory and Field Testing will be billed at an addtlonal $33.00 RETL appreciates your consideration of our firm to assist you during the construction phase of your project. If you agree with this proposal, please sign the attached Laboratory Testing Services Agreement, submit the Distribution List and provide billing information. Please do not hesitate to contact me at (361) 883-4555 extension 415 if you have any questions regarding the proposal or would like to discuss further. Sincerely, Pablo Schmitt Estimator Rock Engineering and Testing ROCK ENGCNEERiNG TESTING LABORATORY, INC 6817 LEOPARD STREET • CORPUS CHRISTI, TEXAS, 78409 OFFICE: 1361) 883-4555 • FAX: (3611 883-4711 • www.rocktesting.com Friday, January 06, 2017 Page 1 of 4 I EXHIBIT "A" I Page 2 of 4 P010617A1 E16261 SPMP Fiscal Year 2017 IDIQ Street Overlays - East City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds. P.E. 01. INVESTIGATIVE ANALYSIS L LAB/FIELD 100 Cores. Core through Asphalt, base and hand auger 1 R Into subgrade P396 ENGINEERING TECHNICIAN S486T TRAFFIC CONTROL V486 VEHICLE 51. SOILS - SUBGRADE PI/LL and Moisture EA • l per each 5310 ATTERBERG UMITS/PLASTICITY INDEX ASTM D4318 5532 MOISTURE CONTENT LIFTS/MIN QTYFREQ QTY RATE AMOUNT 1 192 192 hr 566.00 512,672.00 1 12 12 day 52,016.00 524,192.00 1 12 12 trip $48.00 5576.00 1 1 100 100 ea $63.00 56,300.00 100 100 ea 516.00 $1,600.00 S3, SONS - FLEX BASE Composite Pi/LL EA - l per each 5502 ATI ERBERG LIMITS/PLASTICITY INDEX iwith Aggregate} ASTM D4318 1 70 70 ea $99.00 $6,930.00 01. INVESTIGATIVE ANALYSIS SUBTOTAL $52,270.00 01. LABORATORY LIFTS/MIN QTYFREQ QTY RATE AMOUNT P. PERSONNEL Admin Fee Protect Setup LS - Lump Sum P119 ADMINISTRATION FEE (1 time per project) Friday, January O6, 2017 1 1 1 Is 579.00 579.00 01. LABORATORY SUBTOTAL $79.00 Page 2 of 4 P010617A1 E16261 SPMP Fiscal Year 2017 IDIQ Street Overlays - East City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds. P.E. 02. OVERLAY AND SEALCOAT REPAIRS A. ASPHALT HMAC Overlay LIFTS/MIN QTYFREQ QTY RATE AMOUNT A105 ASPHALT FULL SERIES 1 3 3 ea 5667.00 $2,001.00 A202 ASPHALT CORING/THICKNESS/DENSITY 1 9 9 ea 5104.00 5936.00 5191 SAMPLE PREPARATION CHARGE 1 3 3 hr $72.00 5216.00 5200 ROLLING PATTERN 1 50 50 hr 574.00 $3,700.00 CI. CONCRETE 1@7,31P23 0301.1 CONCRETE CYLINDERS (Min 4) 4 22 88 ea 547.00 54,136.00 0501 OBSERVATIONS (Pier, Rebar, Structural Steel, etc) 1 5 5 hr 591.00 5455.00 S399 CONCRETE CYLINDERS PICK UP FEE 1 22 22 pour $46.00 $1,012.00 M. MISCELLANEOUS Vehicle Fees for Densities, Material Sampling and Concrete Cylinders V486 VEHICLE Si. SOILS - SUBGRADE 1 32 32 trip 548.00 $1,536.00 5190 MATERIALS SAMPUNG CHARGE 1 5 5 ea 560.00 5300.00 5310 ATTERBERG LIMITS/PLASTICITY INDEX ASTM D4318 1 5 5 ea 563.00 5315.00 5510 PROCTOR -STANDARD ASTM 0698 1 5 5 ea 5226.00 51,130.00 5600-1 NUCLEAR FIELD DENSITY MIN 3 (ASTM 06938) 1 24 24 ea $47.00 51,128.00 S3. SOILS - FLEX BASE S190 MATERIALS SAMPUNG CHARGE 1 4 4 ea 560.00 5240.00 5502 ATTER8ERG LIMITS/PLASTICITY INDEX (with Aggregate) ASTM 043113 1 4 4 ea 599.00 5396.00 5504 GRADATION (Sieve Analysis) 1 4 4 ea 599.00 $396.00 5522 PROCTOR- MODIFIED ASTM D1557 1 4 4 ea 5266.00 51,064.00 5546 WET BALL MILL 1 4 4 ea 5338.00 $1,352.00 5600-1 NUCLEAR FIELD DENSITY MIN 3 (ASTM 06938) 1 49 49 ea $47.00 $2,303.00 Friday, January 06, 2017 02. OVERLAY AND SEALCOAT REPAIRS SUBTOTAL $22,616.00 Page 3 of 4 [EXHIBIT "A" 1 Page 3of4 GRAND TOTAL $74,965.00 Special Inspection such as REBAR INSPEC>•ION are not included In this proposal. Please contact us for a quote for these items if needed. Friday, January 06, 2017 Page 4 of 4 EXHIBIT "A" Page 4 of 4 IEXHIBIT "B" I Page 1 of 6 TERMS AND CONDITIONS TO TESTING AGREEMENT ARTICLE 1. SERVICES: Lab will: 1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the City Engineer. 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. Secure representative samples of those materials that the City's contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies specifically designated in writing by the City Engineer. 1.6 Retain records relating to services performed for City for a period of two years following submission of any reports, during which period the records will be made available to the City at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will: 2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by Lab. 2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's services to be performed under this Agreement and which must be promptly notified by Lab when it appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority concerning the Project. 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to: (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Fumish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to facilitate the specified inspection and tests; (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that must remain on the Project site prior to, during and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the Project architects, design engineers or any other design agencies or authorities. 3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or other contract documents nor to approve or accept any portion of the work. Lab does not have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab also agree that Lab will not assume responsibility for Project contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non -hazardous samples, and return hazardous, acutely toxic or radioactive samples and samples' containers and residues to City. City agrees to accept such samples and samples' containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by Lab will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the Agreement or any reports. Lab will not be responsible for the interpretation or use by others of data developed by Lab. ARTICLE 6. INDEMNIFICATION Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a IEXHIBIT "B" I Page 2 of 6 subcontractor or supplier committed by Lab or its agent, Lab under contract or another entity over which Lab exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Lab shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. ARTICLE 7. INVOICES AND PAYMENT 7.1 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer. 7.2 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. ARTICLE 8. INSURANCE REQUIREMENTS 8.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 8.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) a copy of the Certificate(s) of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate EXHIBIT "B" Page 3 of 6 Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim (Defense costs must be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 8.3 In the event of accidents of any kind related to this agreement, Lab must fumish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no Tess than A- VII. Lab is required to provide City with renewal Certificates. 8.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lab shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the professional liability/Errors & Omissions policy; (b) Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; and (c) Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT "B" Page4of6 8.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lab's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 8.9 In addition to any other remedies the City may have upon Lab's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. 8.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 8.11 It is agreed that Lab's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 8.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE 9. TERMINATION OF AGREEMENT The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to Lab at the address of record. Lab will be compensated for services performed up to termination. ARTICLE 10. CONTROLLING LAW This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lie exclusively in Nueces County, Texas. ARTICLE 11. DISCLOSURE OF INTERESTS 11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement, if required. 11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form 1295 Certificate of Interested Parties as part of this Agreement, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. 11.3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIO with the City of Corpus Christi City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at htto://www.cctexas.com/govern ment/city-secretary/conflict-d isclosure/index. ARTICLE 12. CLAIMS 12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. 12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. EXHIBIT "B" Page 5 of 6 ARTICLE 13. EXTENT OF AGREEMENT 13.1 This Agreement, including Exhibit "A" and these Terms and Conditions, represents the entire Agreement between City and Lab and supersedes all prior negotiation, representations or agreements, written or oral. This Agreement may be amended only by a written instrument signed by duly authorized representatives of City and Lab. If any conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and Conditions are controlling. 13.2 In the event that any one or more of the provisions contained in this Agreement are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this Agreement will be construed as if the invalid or unenforceable matters were never included in this Agreement. No waiver of any default will be a waiver of any future default. 13.3 Neither party will assign this Agreement without the express written approval of the other, but Lab may subcontract laboratory procedures as Lab deems necessary to meet the obligations of this Agreement. ARTICLE 14. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice, the Project's general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Project's general contractor's safety measures in, on or near the Project site. EXHIBIT "B" Page 6 of 6 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 0 n/a 14,166 0 0 14,166 0 0 0 0% 0 0 0 0 0 0 On/a $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 0 n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% riti4at CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Rock Engineering & Testing Laboratory, Inc. P. O. BOX: STREET ADDRESS: 6817 Leopard Street FIRM IS: 1. Corporation 4. Association E CITY: Corpus Christi ZIP: 78409 2. Partnership 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Committee Board, Commission or 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Roetta C. Rock, President for Certifying Person: Curtis A. Rock Title: Chief Onerating Officer (Type or Print) Signature of Certifying ii4. Vl e Person: DEFINITIONS Date: January 9, 2017 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g. 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: 2017-152350 Date Filed: 01/10/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Rock Engineering and Testing Laboratory, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16261 West SPMP 2017 Construction Materials Engineering 4 Name of Interested PartyState, Country(place of business) City, 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. ,"'i,"",% ANDREA B. CANTU s°. t •.`a : Notary Public. State of Texas :,':�..-:7F..-Comm. Expires 05-10-2020 '',-Fo',,os Notary ID 124920504 1 • business entity Signature of authorized agent of contracting AFFIX NOTARY STAMP / SEAL ABOVE n F Sworn to and subscribed before me, by the said Q6� j\am,� ` - , this the \ V day of �,7 , 20 1 1 , to certify which, witness my hand and seal of office. (6Att Ancireaq-3.C6r\--bA guiroo,-4 cco 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 vi.u. AGENDA MEMORANDUM One -Time Action Item for the City Council Meeting of January 24, 2017 DATE: January 17, 2017 TO: Margie C. Rose, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 RESOLUTION Supporting The Introduction of Legislation Authorizing A Motor Fuels Tax On A Local Option Basis For Residential Street Funding CAPTION: Resolution of The City of Corpus Christi, Texas, supporting the introduction of legislation authorizing a motor fuel tax on a local option basis for residential street funding. PURPOSE: Requests members of the Coastal Bend legislative delegation to file legislation giving the City of Corpus Christi authority to have a local option election to levy a motor fuels tax (gasoline, diesel, gasoline blended fuel, compressed natural gas, liquefied natural gas, and other products, per Section 162.001 (42), Tax Code) sold within the city limits of the City of Corpus Christi for the specific purpose of generating funding to repair and maintain city streets. BACKGROUND AND FINDINGS: The City of Corpus Christi has approximately 1,234 miles of streets, including approximately 852 miles of residential streets. Street maintenance has been deferred to the point that 48% of City residential streets are considered to be in "Fair" and "Good" condition and 52% are considered to be in "Poor" condition. It is important for the City to prevent the Good streets from further deterioration. On October 20, 2015, the City Council passed a resolution approving the formation of a Ad Hoc Residential Street Infrastructure Advisory Committee (Committee) to develop a Residential Street Reconstruction Plan. In its final report presented to City Council on June 21, 2016, the Committee found that the amount of money that the City would have to spend to maintain and replace residential street on a 60 -year cycle would be approximately $71 million per year. The current City budget does not have sufficient funding to fully fund residential street repairs. , In 2013 and 2015, the City of Corpus Christi's legislative priorities for the 83rd and 84th Regular Sessions of the Texas Legislature included seeking statutory authority to generate additional revenues for street maintenance and repair, but to date, has not been successful in getting legislation filed. The sale of motor fuels in Texas generates approximately $3.6 billion in revenues annually for the State of Texas, but no funds are allocated for local residential streets. It is estimated that a local option motor fuels tax, if approved by voters, could generate approximately $2.5 million annually in the City of Corpus Christi to address the funding gap for residential street repair and maintenance. ALTERNATIVES: The Council can choose to: 1. Adopt the resolution. 2. Not adopt the resolution. 3. Make revisions to the resolution. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: n/a EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: 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 Fund(s): Comments: None RECOMMENDATION: Staff recommends adoption of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION OF THE CITY OF CORPUS CHRISTI, TEXAS SUPPORTING THE INTRODUCTION OF LEGISLATION AUTHORIZING A MOTOR FUEL TAX ON A LOCAL OPTION BASIS FOR RESIDENTIAL STREET FUNDING WHEREAS, The City of Corpus Christi has approximately 1,234 miles of streets, including approximately 852 miles of residential streets; and WHEREAS, Over the years, numerous factors, including funding constraints and new street miles being added to the city's inventory at a faster rate than the growth of the tax base and population, have resulted in deferred maintenance of city streets, and furthered deterioration of the street infrastructure; and WHEREAS, Street maintenance has been deferred to the point that 48% of City residential streets are considered to be in "Fair" and "Good" condition and 52% are considered to be in "Poor" condition. It is important for the City to prevent the Good streets from further deterioration; and WHEREAS, In 2013 and 2015, the City of Corpus Christi's legislative priorities for the 83rd and 84th Regular Sessions of the Texas Legislature included seeking statutory authority to generate additional revenues for street maintenance and repair, but to date, has not been successful in getting legislation filed; and WHEREAS, In October 20, 2015, the City Council passed a resolution approving the formation of an Ad Hoc Residential Street Infrastructure Advisory Committee to develop a Residential Street Reconstruction Plan; and WHEREAS, In its final report presented to City Council on June 21, 2016, the Ad Hoc Residential Street Infrastructure Committee found that the amount of money that the City would have to spend to maintain and replace residential streets on a 60 -year cycle would be approximately $71 million per year; and WHEREAS, The current City budget does not have sufficient funding to fully fund residential street repairs; and WHEREAS, On January 10, 2017, The City Council adopted its legislative policy priorities that included support of legislation that would allow local governments and/or voters to consider additional funding options for cities to address streets that are not otherwise met by current funding sources; and WHEREAS, Sales of gasoline and diesel fuel are subject to State tax of 20 cents per gallon per Sections 162.102 and 162.202 of the Tax Code and sales of compressed natural gas are subject to State tax of 15 cents per gallon per Section 162.353; and WHEREAS, Sales of gasoline, diesel, and compressed natural gas are exempt from state and local sales tax per Tax Code Sections 151.308 and 321.208; and WHEREAS, Tax Code Section 162.001 (42) defines "Motor fuel" as "gasoline, diesel fuel, gasoline blended fuel, compressed natural gas, liquefied natural gas, and other products that are offered for sale, sold, used, or capable of use as fuel for a gasoline -powered engine or a diesel -powered engine"' and WHEREAS, Sales of gasoline and diesel fuel in the State of Texas in 2016 amounted to approximately $ 3.6 Billion in revenue to the State, with Zero revenue allocated for local residential streets; and WHEREAS, The Texas Legislature has previously approved legislation for local option elections; and WHEREAS, The City believes that the most fair methodology to pay for residential street repairs is a local option motor fuel tax, which makes users of the roads pay for the maintenance and repair of the City street network; and WHEREAS, It is estimated that a local option motor fuel tax of 1 cent/gallon could yield an estimated $2.5 Million additional annual revenue for residential streets for the City of Corpus Christi; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the Corpus Christi City Council hereby supports the introduction of legislation authorizing a motor fuel tax on a local option basis for residential streets. Section 2. That the Corpus Christi City Council hereby requests that the City's legislative delegation file legislation to authorize a motor fuel tax on a local option basis for residential streets. Section 3. That a copy of this Resolution be provided to the City's legislative delegation. 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 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of January 24, 2017 Second Reading Ordinance for the City Council Meeting of January 31, 2017 DATE: 1/10/2017 TO: Margie C. Rose, City Manager FROM: Stacie Talbert Anaya, Interim Director, Parks and Recreation Department StacieT(c�cctexas.com 361-826-3464 Ordinance authorizing the FY16-17 transfer and appropriation of City grant matching funds for the Retired Senior Volunteer Program (RSVP) Grant and the Senior Companion Program (SCP) Grant CAPTION: Ordinance transferring $79,173 from the No. 1020 General Fund to and appropriating in the No. 1067 Parks and Recreation Grant Fund as matching grant funds for the Retired Senior Volunteer Program (RSVP) and transferring $76,903 from the No. 1020 General Fund to and appropriating in the No. 1067 Parks and Recreation Grant Fund as matching grant funds for the Senior Companion Program (SCP); amending Ordinance No. 030818 to authorize the transfer of matching grant funds for the RSVP and SCP programs budgeted in the No. 1020 General fund to and appropriate them in the No. 1067 Parks and Recreation Grant Fund for said programs. PURPOSE: Transfer and appropriation of City grant matching funds to allow for the continuation of the Retired Senior Volunteer Program (RSVP) and the Senior Companion Program (SCP). To amend the annual Ordinance, Enactment No: 030818 to include the matching funds. BACKGROUND AND FINDINGS: The City receives grant funding for both the Retired Senior Volunteer Program (RSVP) and Senior Companion Program (SCP) through Federal, State and local grants, in addition to City grant matching funds that must be appropriated each year. The grants are awarded through a contract with the Corporation for National and Community Service. The RSVP program has proven to be exceptionally beneficial to both senior citizens and various public and private agencies in Corpus Christi. The program received $70,605 in federal and state funds. RSVP volunteers are individuals 55 years or older who utilize their talents and experience to serve the needs of the community. During the previous grant period (7/01/2015-6/30/16) and fiscal year 2015-2016, 395 enrolled volunteers contributed 45,646 hours through more than 38 different non-profit organizations like the, Deaf and Hard of Hearing Center, Mission of Mercy, VA Clinic, and other community based organizations such as the Corpus Christi Medical Center, USS Lexington, and AARP Chapter. The Senior Companion Program (SCP) allows low-income volunteers 55 years and over, who are willing to become Senior Companions, serve homebound elderly and/or disabled persons 21 years of age or older. Senior Companions also provide respite services to caregivers who are caring for their loved ones at home. Many of the caregivers provide around the clock care. The respite service allows them to run errands, care for their families and get a few hours of well-deserved rest. The Senior Companion Program has approximately 68 volunteers who have provided over 67,065 service hours. The program received federal and state funding of $329,832. ALTERNATIVES: Reject the City match and discontinue the RSVP and SCP Programs. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to appropriate City grant matching funds. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, 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 $156,076 $156,076 Encumbered/ Expended Amount This item(transfer)RSVP $79,173 $79,173 This item (transfer)SCP $76,903 $76,903 BALANCE -0- -0- Fund(s): General Fund — 1020; Parks and Recreation Grant Fund - 1067 Comments: This grant requires City matching funds, which were budgeted in the FY17 City General Fund. RECOMMENDATION: Staff recommends transfer and appropriation of the City matching funds for the continuation of the Retired Senior Volunteer Program and Senior Companion Program and amendment of Ordinance No. 030818. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance transferring $79,173 from the No. 1020 General Fund to and appropriating in the No. 1067 Parks and Recreation Grant Fund as matching grant funds for the Retired Senior Volunteer Program (RSVP) and transferring $76,903 from the No. 1020 General Fund to and appropriating in the No. 1067 Parks and Recreation Grant Fund as matching grant funds for the Senior Companion Program (SCP); amending Ordinance No. 030818 to authorize the transfer of matching grant funds for the RSVP and SCP programs budgeted in the No. 1020 General fund to and appropriate them in the No. 1067 Parks and Recreation Grant Fund for said programs. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $79,173 is transferred from the No. 1020 General Fund to and appropriated in the No. 1067 Parks and Recreation Grants Fund as matching grant funds for the Retired Senior Volunteer Program. SECTION 2. That $76,903 is transferred from the No. 1020 General Fund to and appropriated in the No. 1067 Parks and Recreation Grants Fund as matching grant funds for the Senior Companion Program. SECTION 3. That the Ordinance No. 030818 which authorizes the City Manager or designee to execute documents to apply for and accept grants from the Corporation for National and Community Service for the RSVP and SCP Programs is amended by adding new Section 8 to read as follows: "Section 8. The matching grant funds for the Retired Senior Volunteer Program and the Senior Companion Program as budgeted in the No. 1020 General Fund are transferred to and appropriated in the No. 1067 Parks and Recreation Grant Fund as matching funds for said programs." That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, 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 , 2017, 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 , 2017. ATTEST: Rebecca Huerta City Secretary Dan McQueen Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of January 24, 2017 Second Reading Ordinance for the City Council Meeting of January 31, 2017 DATE: January 10, 2017 TO: Margie C. Rose, City Manager FROM: Stacie Talbert Anaya, Interim Director, Parks and Recreation Department StacieT@cctexas.com 361-826-3460 Community Enrichment Fund (4720) Appropriation CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $318,198.30 in developer contributions, other donations and interest earnings in the 4720 Community Enrichment Fund for park improvements and other related projects as described on the attached and incorporated Exhibit A. PURPOSE: To appropriate funds received from developer fees, other donations and interest earned in the Community Enrichment Fund so that the funds would be available for associated projects. BACKGROUND AND FINDINGS: The Unified Development Code (UDC), Section 8.3.6., provides that, should the City accept fee in lieu of land or park development fees, the fees shall be used for the acquisition or improvement of parks most likely to serve the residents of the subdivision. Community Enrichment Funds shall be used only for parkland acquisition, park development and park improvements including utility extensions required to serve recreational areas. The last appropriation of Community Enrichment Funds was approved by City Council on July 19, 2016. ALTERNATIVES: Do not collect fees in lieu of land or park development fees for the acquisition or improvement of parks. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City policy requires all funds drawn from the city treasury be appropriated by City Council before they can be expended. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $3,220,457.73 $3,220,457.73 Encumbered/Expended Amount $165,056.45 $165,056.45 This item 318,198.30 318,198.30 BALANCE $3,373,599.58 $3,373,599.58 Fund(s): The No. 4720 Community Enrichment Fund was established to record revenues and expenditures for park land acquisition, park development, and improvement of parks. Comments: Revenues deposited to this fund for park development are 1) fees in lieu of land, and, 2) park development fee. Funds are appropriated periodically. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Attachment — Schedule of Appropriations — Exhibit A Presentation Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $318,198.30 in developer contributions, other donations and interest earnings in the 4720 Community Enrichment Fund for park improvements and other related projects as described on the attached and incorporated Exhibit A. Be it Ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. The City Manager or designee is authorized to execute all documents necessary to accept and appropriate $318,198.30 in developer contributions, other donations and interest earnings in the 4720 Community Enrichment Fund for park improvements, and other related projects as described on the attached and incorporated Exhibit A. Attest: City of Corpus Christi Rebecca Huerta City Secretary Dan McQueen Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, 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 , 2017, 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 , 2017. ATTEST: Rebecca Huerta City Secretary Dan McQueen Mayor Account # Org. # 330200 21300 340000 21300 330200 21460 330006 21318 330006 21382 330006 21432 330006 21451 330435 21502 330006 21528 330006 21627 330006 21638 330006 21664 330006 21674 340000 21440 330395 21371 330405 21357 330435 21502 330555 21507 330635 21511 341040 21300 341040 21460 City of Corpus Christi 4720 Community Enrichment Fund - Revenue only For FY16 - Period June 1, 2016 to September 30, 2016 Description Park Acq or Devel- Unrestricted Park Acq or Devel- Unrestricted Development Fees - Cm Enr Fd Tyler Subdivision 5 Bordeaux Bayview Subdivision Nueces Gardens #2, L38A-38C Beautification Promotion Donation Los Vientos@ Tena Mar Maples Hill Meadow Park Addition Riverview Tracts BuenaVista Park Memorials CONTRIBUTIONS Gateway Project - Ph 2 Interest HEB Park Pool & Tennis Interest Beautification Promotion Interest Ed Exchg Prog- Sister City Interest Permanent Art Interest Park Acq or Devel- Unrestricted Interest Development fees - Interest INTEREST June -September 2016 Unappropriated Balance $ 19,200.00 $ 113,956.10 $ 51,600.00 $ 1,875.00 $ 17,402.93 $ 1,250.00 $ 339.84 $ 8,500.00 $ 22,050.00 $ 17,680.55 $ 625.00 $ 30,000.00 $ 19,625.00 $ 5,650.00 $ 309,754.42 $ 133.13 $ 27.52 $ 140.97 $ 9.32 $ 2,194.70 $ 2,690.42 $ 3,247.82 $ 8,443.88 TOTAL REVENUE FOR APPROPRIATION $ 318,198.30 Designated Park Project Major Investment Parks Major Investment Parks/Neighborhood Parks Neighborhood Parks Waldron Park Brighton Park, Brockhampton Park Ropes Park Alexander Park Dilworth Park Oso Bay Wetland Preserve/Learning Center Thebeau Park Joe Garza/Zavala Center Labonte Park Waldron Park, Parker Park Park Memorials Gateway Park HEB Pool Downtown Parks Sister Cities Park Permanent Art Major Investment Parks Neighborhood Parks Parks & Recreation Department Community Enrichment Funds CORPUS CHRISTI PARKS& RECRCATION Council Presentation January 24, 2017 Community Enrichment Fund • Established to hold *Donations *Public Open Space Fees *Proceeds from Sales • Unified Development Code, Article 8.3 Public Open Space • Requires developers to meet two requirements • Parkland Requirement ■ Single Family =1 acre per 100 dwellings ■ Multi -family = 1 acre per 200 dwellings ■ Cash in lieu of land • Land requirement x Market value of acre • Maximum market value cap: $62,500/ acre • Regional, community and neighborhood parks ■ within 5 miles per master plan Community Enrichment Fund CORPUS CHRISTI PARKS& RECREATION • UDC Public Open Space continued • Park Development ■ $200 per dwelling unit ■ Plan and improve park development in regional, community and neighborhood parks ■ Per the master plan 3 Community Enrichment Funds CORPUS CHRISTI PARKS& RECREATION Major Investment Parks West Guth Bill Witt Parker and Waldron Labonte Captain Falcon Neighborhood Parks Playgrounds and Fitness Equipment Tree Planting Project Hike and Bike Trail Development 4 Questions from Park Fans CORPUS CHRISTI PARKS& RECREATION 5 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of January 24, 2017 Second Reading Item for the City Council Meeting of January 31, 2017 DATE: TO: January 3, 2017 Margie C. Rose, City Manager FROM: Stacie Talbert Anaya, Interim Director, Parks and Recreation Department StacieT@cctexas.com 361-826-3460 Short term Lease Agreement with the Buccaneer Commission for the Tex-Mex Railroad Depot CAPTION: Ordinance authorizing the City Manager or designee to execute a short-term lease agreement with Buccaneer Commission for the use of Tex Mex Railroad Depot located at 1800 block of Chaparral Street, in consideration of rental payments of $600 per month, not to exceed six months. PURPOSE: Short term lease the Tex Mex Railroad Depot to the Buccaneer Commission for office space for its operations and coordination of the Buc Days Festival, Parade, Rodeo and other community- wide events. BACKGROUND AND FINDINGS: The long-term lease for the Tex Mex Railroad Depot to the Buccaneer Commission requires a 28 -delay between readings then a 61 day delay before the lease is executed. This short term lease will allow the Commission to move into the depot and settle in before the 2017 Buc Days Festival begins. The Buccaneer Commission has leased the Jalufka-Gavatos House located in Heritage Park for since 2006 for a monthly payment of $400. This has been a very good partnership for the Parks & Recreation Department and the City as a whole. The Commission, however, has outgrown the space and needs additional room to host event planning meetings, workshops and other gatherings. A five-year lease with the Hispanic Chamber of Commerce prior to their merger with the Corpus Christi Chamber of Commerce (United Chamber of Commerce — now) was executed for the Tex- Mex Railroad Depot in January 2015. The Chambers officially vacated the Depot in early January 2017. ALTERNATIVES: Do not approve the short term lease for the Tex-Mex Railroad Depot. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must approve all lease agreements. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal 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 Fund(s): General Fund Comments: As the revenue for the lease of this facility is already included in the FY2017 operating budget, no additional impact is anticipated. RECOMMENDATION: Approve the short term lease of the Tex-Mex Railroad Depot to the Buccaneer Commission LIST OF SUPPORTING DOCUMENTS: Ordinance Proposed Lease Agreement Lease Agreement Exhibit A Ordinance authorizing the City Manager or designee to execute a short-term lease agreement with Buccaneer Commission for the use of Tex Mex Railroad Depot located at 1800 block of Chaparral Street, in consideration of rental payments of $600 per month, not to exceed six months Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or his designee is authorized to execute a short-term lease agreement with the Buccaneer Commission for the use of Tex Mex Railroad Depot located at 1800 block of Chaparral Street, in consideration of rental payments of $600 per month, not to exceed six months. A copy of the Agreement is on file with the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, 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 , 2017, 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 , 2017. ATTEST: Rebecca Huerta City Secretary Dan McQueen Mayor 1 SHORT-TERM LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND BUCCANEER COMMISSION STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This lease agreement ("Lease") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting through its duly authorized City Manager, or his designee ("City Manager"), and the Corpus Christi Buccaneer Commission ("Lessee"). WHEREAS, the City is the owner of real property known as the Tex-Mex Railroad Depot located at 1823 Chaparral, Corpus Christi Texas, together with all improvements thereon ("Premises"); WHEREAS, Lessee has requested the use of the Premises for the purpose of office space for its operations as the Buccaneer Commission, upon the conditions and covenants contained in this Lease; and, WHEREAS, City desires to allow Lessee to use the Premises for this purpose. NOW, THEREFORE, City and Lessee, in consideration of the mutual promises and covenants contained herein, agree as follows: Section 1 Definitions. (A) City means the City of Corpus Christi, Nueces County, Texas, a home rule municipal corporation. (B) City Manager means the City's City Manager or the City Manager's designee. (C) Director means the City's Director of Park and Recreation or the Director of Park and Recreation's designee. (D) Lease means this lease document, including all attached and incorporated exhibits. (E) Lessee means Buccaneer Commission. (F) Parks means the City's Park and Recreation Department. (G) Premises means the Tex-Mex Railroad Depot located at 1823 Chaparral, Corpus Christi Texas, together with all improvements thereon, including parking spaces, as depicted on the attached and incorporated Exhibit A. However, the 2 parking spaces will be available for general public use after Lessee's regular office hours. Section 2. Purpose. The purpose of this Lease, between City and Lessee, is to enable Lessee to utilize Premises for office space for its day-to-day nonprofit corporation operations. Lessee shall not operate the Premises for any other purpose without Director's prior written approval. Section 3. Term. The City leases the Premises, subject to all terms and conditions of this Lease, to the Lessee on a month-to-month basis for up to six months, unless sooner terminated as set out herein. This short-term Lease automatically terminates upon the effective date of a longer term multi-year lease between the parties. Section 4. Acceptance of Premises Disclaimer: A. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH ALL FAULTS AS MAY EXIST ON THE PREMISES, AND THAT NEITHER LESSOR, NOR ANY EMPLOYEE OR AGENT OF LESSOR, HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. LESSEE HEREBY WAIVES ANY AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, AND DAMAGES BASED ON ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF SUITABILITY FOR APARTICULAR PURPOSE, ANY AND ALL WARRANTIES OF HABITABILITY, AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH IN THIS LEASE. B. 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 USE THE PREMISES, AND IS RELYING ON ITS OWN INSPECTION. C. LESSEE ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND IMPROVEMENTS EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE, IF ANY, ARE ACCEPTED "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY LESSOR WITH RESPECT THERETO. LESSEE ACKNOWLEDGES THAT 1T I5 NOT RELYING UPON ANY REPRESENTATION, STATEMENT OR OTHER ASSERTION BY LESSOR WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON ITS EXAMINATION THEREOF. D. THE PROVISIONS OF THIS Section 4 SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. 3 Section 5. Lease Payments. (A) For and in consideration of the rights and privileges herein granted, Lessee agrees to pay the City, as follows monthly rents as follows: $600 per month (B) All rental fees are due and payable on or before the 10th day of each month for the term of this Lease. Payment must be made to the order of the City of Corpus Christi and mailed to the City Collections Department, P. O. Box 9257, Corpus Christi, TX, 78469, or delivered to City Hall at 1201 Leopard Street, Corpus Christi, TX, 78401. Section 6. Construction of Improvements. Prior to commencing any work at the Premises, Lessee shall coordinate with the Director of Parks and Recreation to verify that Lessee has sufficient funds on hand to complete the planned improvements, ("Improvements"), will comply with City permitting process, and will obtain prior approval from the Director of Parks and Recreation regarding any work at the Premises. Lessee shall require the contractors who are awarded contracts for construction of the Improvements to furnish the following bonds by surety companies authorized to do business in Texas: Payment Bond — A payment bond in the amount of One Hundred Percent of the contract shall be furnished for the protection of all persons, firms, and corporations who may furnish materials or perform labor. The payment bond shall be made with City as an obligee, However, this requirement does not apply if the amount of the construction contract is $25,000 or less. Performance Bond. A performance bond in the amount of One Hundred Percent of the contract shall be furnished covering the faithful performance of the contract. The performance bond shall be made with City as an obligee. However, this requirement does not apply if the amount of the construction contract is $50,000 or less. Lessee shall include in all construction contracts for the Improvements, in large, bold face text: "Contractor does hereby agree to release, indemnify, defend and hold harmless City of Corpus Christi, and all of its officials, officers, agents and employees, in both their public and private capacities, from and against any and all liability, claims, losses, damages, suits, demands or causes of action including all expenses of litigation and/or settlement, court costs and attorney fees which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property occasioned by error, omission, or negligent act of contractor, its officers, agents, employees, subcontractors, invitees or any other person arising out of or in connection with the performance of the construction 4 contract, and contractor shall at his or her own cost and expense defend and protect the City of Corpus Christi from any and all such claims and demands." Lessee shall also require the contractors in all construction agreements for the Improvements to furnish insurance in such amounts as specified in Exhibit B. Lessee agrees that the Director of Engineering Services or designee, as well as the Director of Parks and Recreation or designee, will make visits to the Premises at intervals appropriate to the various stages of construction, as they deem necessary. Lessee agrees that the Director of Engineering Services or designee will have the authority to reject Work believed to be defective. Lessee agrees to promptly correct all defective work. Lessee agrees that all work performed shall be done in full compliance and in accordance with all federal, state and local laws, ordinances, codes and regulations, including but not limited to the Americans with Disabilities Act and the Americans with Disabilities Act Accessibility Guidelines and such work shall be subject to City inspection during the performance thereof and after it is completed. Lessee shall discharge all obligations to contractors, subcontractors, materialmen, workmen and/or other persons for all work performed and for materials furnished for or on account of Lessee as such obligations mature. Lessee expressly agrees that it will neither give nor grant, nor purport to give or grant any mechanic's or materialmen's lien upon the City's property or upon any Improvements thereupon in the process of construction or repair, nor allow any condition to exist or situation to develop whereby any party should be entitled, as a matter of law, to a mechanic's or materialmen's lien against the City's property or the Improvements thereon, and Lessee will discharge any such lien within thirty (30) days after notice of filing thereof. Lessee shall conduct its operations under this Agreement in an orderly and proper manner, considering the nature of such operation, so as not to unreasonably annoy, disturb, or endanger others. The complete cost of developing all necessary plans and specifications, as provided in this Agreement, and the cost of construction of the Improvements shall be borne solely by the Lessee at no expense to the City whatsoever. Lessee shall pay all taxes, special assessments, or levies, if any, assessed against the Premises or Improvements. Upon completion of the Improvements, Lessee shall donate them to the City upon acceptance by the City Director of Parks and Recreation. Any warranties given to Lessee regarding the Improvements shall be transferred and assigned to the City at the same time as the Improvements are accepted by the City. Section 7. Utilitkes. 5 (A) Lessee shall be responsible to obtain and pay for all utilities to the Premises, including but not limited to, telephone, internet, electricity, water, wastewater, and solid waste. (B) Lessee shall pay for all utilities related to usage of Premises prior to the due date. Failure to pay any utility bill(s) prior to the due date constitutes grounds for termination of this Lease. Section 8. Abandonment, Interruption of Utilities, Removal of Lessee's Property, and Lockout. Chapter 93 of the Texas Property Code governs the rights and obligations of the parties with regard to: (a) abandonment of the leased premises; (b) interruption of utilities; (c) removal of Lessee's personal property; and (d) lock out of Lessee. Section 9. Maintenance. During the term of this Lease, Lessee will repair and maintain, at its sole expense, the Premises and any improvements on the Premises including without limitation all fixtures connected therewith, and all personal property thereon. However, the City shall be responsible for repairs to the HVAC system and repairs to the roof, subject to provisions of Section 29 and subject to availability and appropriation of funds. City has no obligation for such repairs if funds are not budgeted and appropriated for such purpose during the annual City budget process. Lessee shall obtain, at its own expense, all required building permits, ail utility services, garbage collection, janitorial services, and similar services. Section 10. Furniture, Fixtures, Equipment and Parking. (A) It is understood that Lessee will be responsible for furnishing and equipping the Premises and that the City has no obligation to furnish any equipment or furnishings for Lessee. All capital construction to the premises, such as installation of electrical or plumbing fixtures, remains the property of the City. (C) Lessee may place signage for the reserved parking spaces shown on the attached Exhibit A to indicate that the parking spaces are reserved for Lessee during its business hours and during Buc Days events. (B) Section 11. City Use. City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. 6 Section 12. Laws Affecting Operation of Premises and Performance. (A) Lessee shall ensure that its use of the Premises is in accordance with all applicable Federal, State, and local laws, ordinances, rules and regulations. (B) Lessee shall bear the expense and responsibility of meeting all requirements for acquiring all applicable licenses and permits related to its operations. Lessee shall also bear the expense of meeting and complying with all health regulations and Certificate of Occupancy requirements. Section 13. Inspection. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable times and notice, to determine whether Lessee is providing maintenance in accordance with and as required by above, or for any other purpose incidental to City's retained rights of and in the Premises. Section 14. Relationship of Parties. This Lease establishes a landlord/tenant relationship, and none other, and this Lease must be construed conclusively in favor of that relationship. In performing this Lease, both City and Lessee 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 shall not be, nor be construed to be, the employees or agents of the other party for any purpose whatsoever. Section 15. insurance. (A) Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the Exhibit "B", which is incorporated in this Lease by reference. (B) The Certificate of Insurance must be sent to the Risk Manager prior to occupancy of and operations at the Premises. Lessee agrees to notify Lessor of any substantive change to its insurance coverage. (C) Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. The Risk Manager shall retain the right to annually review the amount and types of insurance maintained by Lessee, to require increased coverage limits, if reasonably necessary in the interest of public health, safety, or welfare, and to decrease coverage, if so warranted. (D) In the event of any necessary increase, Lessee shall receive ninety (90) days written notice prior to the effective date of the requirement to obtain increased coverage. In the event alcoholic beverages are to be served or consumed on any Premises covered by this Lease, the Lessee shall additionally obtain or cause to 7 be obtained alcoholic beverage liability insurance in the amount of one million dollars ($1,000,000.00) covering the event or time period when alcoholic beverages are to be served or consumed. (E) Lessee shall, prior to any addition or alteration to, in, on, or about the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by Section 6, as contained herein. (F) The City carries the property and flood insurance on the building. Lessee is responsible for insuring its own contents. Section '16. Indemnity. In consideration of allowing Lessee to use the Premises, Lessee ("Indemnitor") covenants to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees (collectively, "Indemnitees") from and against any and all liability, loss, damages, 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, premises defects, 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: (1) Lessee's performance pursuant to this Lease; (2) Lessee's use of the Premises and any and all activities associated therewith pursuant to this Lease; (3) the violation by Lessee, its officers, employees, agents, or representatives or by Indemnitees or any of them, of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, employees, agents, or representatives or of Indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act or omission is caused or is claimed to be caused by the contributing or concurrent negligence of Indemnitees, or any of them, but not if caused by the sole negligence of Indemnitees, or any of them, unmixed with the fault of any other person or entity and including all expenses of litigation, court costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. Lessee covenants and agrees that, if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with legal counsel satisfactory to City, and pay al! charges of attorneys and all other costs and expenses of any kind whatsoever arising from any said liability, injury, damage, loss, demand, claim or action. 8 Such indemnity provisions contained in this Section 16 herein apply to the extent insurance (as approved by City in Section 15) may apply for protection of the City and Lessee. Section 17. Alterations. (A) Lessee agrees not to harm the Premises beyond normal wear and tear. B) All alterations, improvements, and additions made by the Lessee upon said Premises, which are permanent in nature, even if made at Lessee's own expense, shall, if not removed by Lessee at any termination or cancellation hereof, become the property of the City in fee simple without any other action or process of law. Lessee agrees to be contractually and financially responsible for repairing any and all damage caused by such removal. If items are installed in such a manner as to become fixtures, such fixtures shall not be removed by Lessee upon termination and shall become the property of the City. Section 18. Signs. (A) Lessee shall not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering ("Signs") at, an, or about the Premises, or any part thereof, without the Director's prior written approval. (B) City may require Lessee to remove, repaint, or repair any Signs allowed. If Lessee does not remove, repaint, or repair the Signs within ten (10) days of Director's written demand, City may do or cause the work to be done, and Lessee will pay City's costs within thirty (30) days of receipt of Director's invoice. If payment is not timely made, the City may terminate this Lease upon ten (10) days written notice to Lessee. Alternatively, City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 19. Sublease and Assignment. Lessee understands and agrees that Lessee shall not sublease the Premises or any part thereof without obtaining the prior written consent of the City. Lessee shall not, in whole or in part, assign or transfer directly or indirectly this Lease unless prior written approval has been obtained from the City. Written consent or approval shall not be unreasonably withheld by Lessor. Section 20. Default. (A) The following constitute Events of Default under this Lease: failure to keep, perform, and observe any other promises, covenants and conditions contained in this Lease. 9 (B) Upon the occurrence of any Event of Default, the City may, at its option, in addition to any other remedy or right given hereunder or by law, give notice to Lessee that this Lease terminates upon the date specified in the notice, which date will be no earlier than thirty (30) days after the giving of such notice. Section 21. No debts. Lessee shall not incur any debts or obligations on the credit of the City during the term of this Lease. Section 22. Notice. (A) All notices, demands, requests or replies provided for or permitted under this Lease by either party must be in writing and must be delivered by one of the following methods: (i) by personal delivery; or (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. (B) (C) All these communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi Park and Recreation Department P. O. Box 9277 Corpus Christi, Texas 78469-9277 Attn: Director of Park and Recreation Buccaneer Commission Attn: Executive Director P.O. Box 30404 Corpus Christi, TX 78463 (D) Either party may change the address to which notice is sent by using a method set out above. Lessee shall notify the City of an address change within ten (10) days after the address is changed. Section 23. Nondiscrimination. Lessee covenants and agrees that it shall not unreasonably 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 Premises, 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. The City hereby reserves the right to take such action as the United States may direct to enforce this covenant. Section 24. Modifications. 10 No changes or modifications to this Lease may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 25. Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays or failures 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. These delays or failures to perform shall extend the period of performance until these exigencies have been removed. Section 26. Surrender. Lessee acknowledges and understands that the lease of the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration, termination, or cancellation of this Lease, in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. Any reasonable costs incurred for repairs or corrections for which Lessee is responsible under this Lease are payable by Lessee to City as additional rental on the next rental payment date, or within 30 days written demand. Section 27. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, if required by the City Charter, in the legal section of the local newspaper. Section 28. Interpretation. This Lease will be interpreted according to the Texas laws that govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 28. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions hereof. Section 29. Casualty. If the Premises become damaged due to weather event, fire, or other natural or man- made disaster, such that the Premises are not deemed safe for occupation by the City Building Official, and repairs are not completed within 30 days of the event of disaster, 11 then either party may terminate this lease upon 30 days written notice to the other party, without penalty. Section 30. Removal of Property upon Termination. It is Lessee's responsibility to remove its personal property from the Premises prior to termination or expiration of the Lease. Lessee agrees that any of personal property remaining on the Premises after the termination or expiration of the Lease automatically becomes City property without any notice, action, or process of law, for disposition by the City as City deems appropriate in City Manager sole discretion, with no compensation to Lessee. Lessee shall be invoiced for City's costs to remove property from the Premises after termination or expiration of the Lease, and Lessee shall pay said invoice within thirty (30) days of receipt. Section 31. Entirety Clause. This Lease and the incorporated and attached exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be used in the operations. Section 32. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof 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 Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase or word hereof 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 Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid and enforceable, will be added to this Lease automatically by the Court construing such clause or provision to be invalid. EXECUTED IN DUPLICATE, each of which shall be considered an original, on the day of , 2017. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Margie C. Rose City Secretary City Manager LESSEE: BUCC ER COMMI ION By: Name: 014"4"-1 911iU#?9 Title: 7i'lltn oIa r 4— ( ao 12 Date: ? 1 17 APPROVED AS TO LEGAL FORM this day of , 2017. By: Lisa Aguilar Assistant City Attorney for City Attorney 13 EXHIBIT B INSURANCE I. LESSEE AND LESSE'S CONTRACTOR'S LIABILITY INSURANCE A. Lessee and Lessee's contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained, B. Lessee and Lessee's Contractor must furnish to the City's Risk Manager and Director of Parks and Recreation Department, 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COL Project name and or number must be listed in Description Box of COL TYPE OF INSURANCE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements 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) l , Owned 2. Hired and Non -Owned 3. Rented/Leased WORKERS' COMPENSATION 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 Statutory $500,000 /$500,0001$500,000 14 C. In the event of accidents of any kind related to this lease agreement, Lessee and Lesse's 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, Lessee and Lessee's 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 Lessee and Lessee's Contractor will be promptly met. B. Lessee and Lessee's Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee and Lessee's 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. Lessee and Lessee's Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lessee and Lessee's Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Lessee and Lessee's Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 15 • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lessee and Lessee's Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee and Lessee's 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 Lessee and Lesseee's 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 Lessee and Lessee's Contractor to stop work hereunder, until Lessee and Lessee's Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee and Lessee's Contractor may be held responsible for payments of damages to persons or property resulting from Lessee and Lessee's Contractor's or its subcontractor's performance of the work covered under this agreement. II. It is agreed that Lessee and Lessee's 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 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. Tex Mex Railroad Depot 1823 Chaparral St. https google.com .r.xcs _.- '''91293,97 3961043,48, data= lang!le3 p -GC Google Maps o x . Frle Edit View Fasorites Tools Help Log In Laserfiche Forms Gateway Printing - office ... j Google Parks & Recreation OlInfor Google Maps Facilities Management W... - ® - - Page Safety . Tools �� » AGENDA MEMORANDUM Public Hearing/First Reading Ordinance for the City Council Meeting of January 31, 2017 Second Reading Ordinance for the City Council Meeting of February 14, 2017 DATE: TO: Margie C. Rose, City Manager December 12, 2016 FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Ordinance continuing the curfew ordinance for minors CAPTION: Ordinance continuing the curfew ordinances for minors in the Corpus Christi Code of Ordinance, Sections 33-40, 33-41, 33-42, and 33-43. PURPOSE: The purpose of this item is to continue the curfew ordinance for minors. BACKGROUND AND FINDINGS: Section 370.002 of the Local Government Code requires a city, on the third anniversary of its juvenile curfew ordinance and every third year thereafter, to review the ordinance's effects on the community and on problems the ordinance was intended to remedy, to hold public hearings on the need to continue the ordinance, and to determine whether to abolish, continue, or modify the ordinance. Section 370.002 (b) of the Local Government Code provides that failure to act in accordance with Section 370.002 shall cause the ordinance to expire. The curfew ordinance has been continued every 3 years since February 16, 1999, with the last review in February 2014. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends readopting the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance Continuing the curfew ordinances for minors in the Corpus Christi Code of Ordinance, Sections 33-40, 33-41, 33-42 and 33-43 WHEREAS, the City Council of the City of Corpus Christi has previously adopted ordinances relating to curfews for minors and found at Sections 33-40, 33-41, 33-42 and 33-43 of the Code of Ordinances, City of Corpus Christi; WHEREAS, as provided in Section 370.002 of the Texas Local Government Code, the City Council must review the curfew ordinance every three years to determine whether such ordinance should be abolished, continued or modified; WHEREAS, the subsequent third year anniversary date of adoption of the Juvenile Curfew ordinance is February 16, 2017; WHEREAS, the City Council has held public hearings thereon on January 31, 2017 and on February 14, 2017 and has reviewed the ordinances' effects on the community and on problems the ordinances were intended to remedy, prior to the anniversary date; WHEREAS, Corpus Christi continues to experience juvenile violence, juvenile crime and juvenile gang activity, resulting in juveniles being involved in a range of unacceptable behavior to include vandalism, assaults, public consumption of alcoholic beverages, littering, illegal drug use and burglaries; WHEREAS, persons under 17 years of age are particularly susceptible, by their lack of maturity and experience, to participate in unlawful and potentially harmful activities and to become victims of other perpetrators of crime, and Corpus Christi has no more important resource than its young people; WHEREAS, a lack of parental supervision and guidance contributes to unacceptable levels of juvenile violence, crime and gang activity, and parental responsibility needs to be supported; WHEREAS, attendance at school by minors is vital to the community because it helps prepare children to be responsible citizens, and a curfew during school hours reduces distractions and alternatives which induce non-attendance and activities detrimental to minors and to the community, and compliments laws compelling school attendance and discourages violations of those laws; WHEREAS, it is necessary for the City of Corpus Christi to exercise its authority to protect minors from each other and from other persons, to promote parental control and responsibility for children, to supplement state truancy laws, to protect the general public, and to reduce juvenile criminal and delinquent activities; and WHEREAS, the City Council determines, pursuant to the above findings, that the public health and safety demands continuation of the ordinance establishing a curfew for minors. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The curfew ordinances found at Sections 33-40, 33-41, 33-42, and 33-43 of the Corpus Christi Code of Ordinance is hereby continued. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, 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 , 2017, 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 , 2017. ATTEST: Rebecca Huerta City Secretary Dan McQueen Mayor Continuing the Juvenile Curfew Ordinance Council Presentation January 31, 2017 Continuing the Juvenile Curfew Ordinance Section 370.002 of the Local Government Code requires a city, on the third anniversary of its juvenile curfew ordinance and every third year thereafter, to review the ordinance's effects on the community and on problems the ordinance was intended to remedy, to hold public hearings on the need to continue the ordinance, and to determine whether to abolish, continue, or modify the ordinance. Continuing the Juvenile Curfew Ordinance A person commits an offense if he/she: (1) Is a minor; and (2) Appears in a public place between the hours of 11:00 p.m. and 6:00 a.m., or on a Monday, Tuesday, Wednesday, Thursday, or Friday between the hours of 9:00 a.m. and 4:00 p.m. Continuing the Juvenile Curfew Ordinance • The City of Corpus Christi has had a nighttime curfew ordinance since the 1950's 11pm — 6am The Ordinance was amended in 1994 and 1995 to include daytime curfew 9am — 4pm 4 3500 - 3000 2500 2000 Juvenile Curfew Violations* as compared to Juvenile Arrests** AttachmentA *Curfew violation citation data from Municipal Court "Arrest Data from UCR Arrest report - does not include runaways or citations, The dip in 2016 may be due to not all arrests being entered into the system as of 01.13.2017 # curfew violations* f# juvenile arrests** 0) 1500 • 1000 500 0 CO (0 (0 0) 0) 0) 07 O O N (0 0) G) 0) O rt_ co r -- CO O N 10 00 .`0) D N ▪ LC) 0 s CO p CO O 10 (0 0) O C' -83 1997 190c 141 _; 20(80 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 5 900 800 700 600 d E 500 400 300 200 100 0 Juvenile Arrests* Attachment B 1990 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 6 *Arrest data from UCR arrest report - Part One Crimes only The dip in 2016 may be due to not all arrests being entered into the system as of 01.13.2017 772 Crimes Against Persons - Homicide, Rape, Robbery, Aggravated Assault — —U—Crimes Against Property - Burglary, Larceny/Theft, Auto Theft .5 481 446 45b 45b 422 417 04 382 386 391 5 •70 276 223 225 228 206 183 1•` 135 144 126 85 75 61 37 46 33 22 27 33 42 57 45 52 56 53 49 42 43 1990 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 6 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of January 31, 2017 Second Reading for the City Council Meeting of February 14, 2017 DATE: January 5, 2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Rezoning property located at 4222 Airline Road CAPTION: Case No. 1216-01 AEL Development LLC: A change of zoning from the "RE" Residential Estate District and "FR" Farm Rural District to the "RS -6" Single Family Residential District. The property is described as A 1.994 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tract, Section 25, Lots 15 and 16, and a 22.651 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tract, Section 25, Lots 15 and 16, located on the northeast corner of Yorktown Boulevard and Airline Road. PURPOSE: The purpose of this item is to rezone the property to allow development of 120 lots into single family residential homes between 2,200 and 2,500 square feet. RECOMMENDATION: Planning Commission and Staff Recommendation (December 14, 2016): Approval of the change of zoning from the "RE" Residential Estate District and "FR" Farm Rural to the "RS -6" Single Family Residential District. Vote Results For: 6 Against: 2 Absent: 1 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RE" Residential Estate District and "FR" Farm Rural District to the "RS -6" Single Family Residential District for the development of 120 lots into single family residential homes between 2,200 and 2,500 square feet. The property to be rezoned is inconsistent with the Future Land Use Plan's designation of the property as mixed use. It is Staff's opinion that the rezoning will not have a negative impact upon the surrounding neighborhood. The potential for the property to be utilized at a higher density to serve the extension of Del Mar College. However, the amendment is compatible with the present zoning and conforming uses of the surrounding area and is suitable for uses permitted by the proposed zoning district. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan. The proposed rezoning to the "RS -6" Single Family Residential District is inconsistent with the adopted Future Land Use Map, but is supported by several goals in Plan CC. 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 AEL Development LLC ("Owner"), by changing the UDC Zoning Map in reference to a 1.994 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tract, Section 25, Lots 15 and 16 and a 22.651 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tract, Section 25, Lots 15 and 16; from the "RE" Residential Estate District and "FR" Farm Rural District to the "RS -6" Single Family Residential District; amending Plan CC 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 AEL Development LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 14, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "RE" Residential Estate District and "FR" Farm Rural District to the "RS -6" Single Family Residential District, and on Tuesday, January 31, 2017, 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 AEL Development ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 1.994 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 25, Lots 15 and 16 and a 22.651 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 25, Lots 15 and 16, located on the northeast corner of Yorktown Boulevard and Airline Road (the "Property"), from "RE" Residential Estate District and "FR" Farm Rural District to the "RS -6" Single Family Residential District (Zoning Map No. 042030), as shown in Exhibit "A". Exhibit A, which is a map, 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, 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\1216-01 AEL Development\Council Documents\Ordinance_1216-01 Ael Development.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 , 2017, 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 , 2017, 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 , 2017. ATTEST: Rebecca Huerta Dan McQueen City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\1216-01 AEL Development\Council Documents\Ordinance_1216-01 Ael Development.docx Page 3 of 3 YIN City of Corpus r Christi CASE: 1216-01 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Map Scale: 1:3,600 LOCATION MAP Aerial Overview konrczCriB, ©is :i•'li'bC aC%ul vis ° CARAhtvloC"i, Gil Uri: -is. Aerial Map PLANNING COMMISSION FINAL REPORT Case No.: 1216-01 Infor No. 16ZN1002 Planning Commission Hearing Date: December 14, 2016 Applicant & Legal Description Applicant/Representative: Rick Mostaghasi Owner: AEL Development LLC Location: 4222 Airline Road Legal Description: A 1.994 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 25, Lots 15 and 16 and a 22.651 acre tract of land of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 25, Lots 15 and 16, located on the northeast corner of Yorktown Boulevard and Airline Road. Zoning Request From: "RE" Residential Estate District and "FR" Farm Rural District To: "RS -6" Single Family Residential District Area: 24.645 acres Purpose of Request: To develop 120 lots into single family residential homes that range between 2,200 to 2,500 square feet. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RE" Residential Estate District "FR" Farm Rural District Vacant Drainage Corridor Mixed Use Permanent Open Space North "RS -6" Single Family Residential District Park Low Density Residential Permanent Open Space Medium Density Single Family Residential South "RS -6" Single Family Residential District "RS -4.5" Single Family Residential District Park Low Density Residential Permanent Open Space Medium Density Single Family Residential Mixed Use East "FR" Farm Rural District Vacant Drainage Corridor Medium Density Single Family Residential West "CG -2" General Commercial District Vacant Mixed Use Staff Report Page 2 Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan (ADP) and is planned for permanent open space and mixed uses. The proposed rezoning to the "RS -6" Single Family Residential District is not consistent with the adopted Plan CC Future Land Use map. Map No.: 042030 Zoning Violations None Transportation Transportation and Circulation: The subject property has approximately 600 feet of street frontage along Yorktown Boulevard, which is an "A3" Primary Arterial street. The maximum average daily trips for an "A3" is 30,000 to 48,000. The subject property also has approximately 1,300 feet of street frontage along Airline Road Drive and 130 feet of street frontage to Rodd Field Road, which is "A3" Primary Arterial street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Yorktown Boulevard "A3" Primary Arterial Divided Street 80' ROW 40' paved 145' ROW 20' paved Information Unavailable Rodd Field Road "A3" Primary Arterial Divided Street 80' ROW 40' paved 90' ROW 50' paved Information Unavailable Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RE" Residential Estate District and "FR" Farm Rural District to "RS -6" Single Family Residential District to develop single family residential homes. Development Plan: The applicant proposes to rezone the subject lot, to the "RS -6" Single Family Residential District. The lot is 24.645 acres. The purpose of the rezoning is to develop 120 lots into single family residential homes between 2,200 and 2,500 square feet. Existing Land Uses & Zoning: To the north the zoning is "RS -6" Single Family Residential District with a low density residential use. South is zoned "RS -6" Single Family Residential District and "RS -4.5" Single Family Residential District with low density residential uses. East of the subject property the zoning is "FR" Farm Rural District with a vacant use. The lot to the west is zoned "CG -2" General Commercial District and is also vacant. There is a current land use of a drainage corridor that runs along the north of the property. Staff Report Page 3 AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is platted. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside ADP. The proposed rezoning to the "RS -6" Single Family Residential District is inconsistent with Plan CC and the Future Land Use Map which identifies the area as Mixed Use. Additionally, the following are pertinent elements of Plan CC and the Southside ADP that should be considered: • Quality housing meets the diverse needs of households at all income levels and all stages of the lifecycle. Support the planning, regulatory and funding initiatives needed to provide a diversity of housing types — rental and ownership, market -rate and assisted — to meet community needs. (Plan CC, Goal 2, page 12) • Encourage orderly growth of new residential, commercial and industrial areas. (Plan CC, Goal 1, Strategy 4, page 50.) • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Plan CC, Goal 1, Strategy 5, page 50.) Department Comments: • The proposed rezoning is of similar use to the properties to the north and south of the subject property. • The potential for the property could be utilized at a higher density to serve the proposed extension of Del Mar College to the west of the property. • The proposed use is consistent with the deed restriction for residential use only, created in 2002. Planning Commission and Staff Recommendation (December 14, 2016): Approval of the change of zoning from the "FR" Farm Rural District and "RE" Residential Estate District to "RS -6" Single Family Residential District. Vote Results: For: 6 Opposed: 2 Absent: 1 Notification Number of Notices Mailed — 37 within 200' notification area; 4 outside notification area As of January 5, 2017: In Favor In Opposition For 0.00% in opposition. — 1 (inside notification area); 0 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Staff Report Page 4 Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Application 3. Returned Opposition/Support (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES \2016\1116-02 Lu Keiu Thi (Gardendale #2)\PC Documents\1116-02 PC Report Lu Keiu Thi.docx RS=6CG-2' 10 Date Created: 12/6/2016 Prepared By: IvetteM Department of Development Services CASE: 1216-01 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 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 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 Cayo Del Oso 04���/\GAN q R `2- �gHiFFFgN SUBJECT PROPERTY LOCATION MAP oso oRFF/r 101 City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION 0 to 4f c.' v Case No.: Map No.: PC 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. Applicant Ike- —�L—t...0 Mailing Address City: C c- ch tr15 1 l E-mail: Contact Person :: ( c(t_. IM State, 7 $L(i 3 Phone: (&1 t—j 7 (p 5-72t�r Property Owner(s). 2 t him OCZCa t 1 \QMkG4\ Azar 1Contact Person :. Mailing Address: 42,33yP."--31 p�b dZ� � u _ City. --� Chir' Tl State—a. . ZIP. (I3 Phone (3U 1 )1(55 -----?7--‘0 ''`` C__ell:Afrriet iwwtt tt'r! O►L !! i cL 11/1; E-mail. _ Cell (3ICL) 7CQ7-7Z#r 3. Subject Property Address. Area of Request (SF/acres) 7....g• °ice(+-] Current Zoning & Use: E Ql, (k.a . Proposed Zoning & Use R -S rrLO tNt, q C i 12 -Digit Nueces County Tax ID 2176 - 00 Z a''� Subdivision Name (\Qk Block nq Lot(s) Legal Description if not platted 7-8 • q t ACS' (T (_- 1S '8 IG Sec 2-cr- 4. Submittal Requirements° ❑ Early Assistance Meeting. Date Held with City Staff ❑ Land Use Statement ❑ Disclosure of Interest ❑ Copy of Warranty Deed IF APPLICABLE. ❑ Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) 0 Site Plan for PUD or Special Permit ❑ Metes & Bounds Description with exhibit if property includes un -platted land (sealed by RPLS) ❑ Lien Holder Authorization ❑ Appointment of Agent Form if landowner is not signing this form 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 in armation provided is a.- rate. Owner or Agent's SignatNE.a 1��..CL Owner or Agent's Printed Name is Signature Ap Iicant's Printed Name Office Use Only: Date Received: Received By: ADP: Rezoning Fee: + PUD Fee No. Signs Required ' @ $10/sign + Sign Fee = Total Fee Sign Posting Date: K.IDEVELOPMENT5VCSISHAREi75LAND DEVELOPMENT APPLICATION FORM55REZONINGIZONING APPLICATION 2015.DOC Form Revised 5/12/2015 LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. 0 -P ---41‘t T?1,0 T t YLRAWP- 4A. c4-1- 2. Identify the existing land uses adjoining the area of request - North - South - East - West - CiUSERSITANYAR.ODOIDESKTOPIDAILY USEtANNIKAA.AND USE STATEMENT FOR ZONING. DOC APPOINTMENT OF AGENT As owner of the subject property, 1 hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: ‘.0 LC-- 41D Mailing Address: City: Home Phone: I Wit wli • 7-) State: 54siness Phone: ( Zip: 1124Z Cell:l /( ) 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 appointor nt on behalf of e entity, and every reference herein to "I", "my", or "me" is a reference to the entity hh *Signature of Agent: • ] • s Title: -# ' Printed/Typed Name of Agent: *Signature of Property Owner: ib^4urA., Printed Typed Name of Property Ow ner: Date:3 Z 1$. Title: ' \ t 1.d Q# Date: `till`. , *Signature of Property Owner: e Ck.k& Title: Printed/Typed Name of Property Owner: 1. *Signature of Property Owner: 1 y t2 -all Printed/Typed Name of Property Owner Pre -tri! L 84-7 Date: i rectiC Title: jf (tett• 201 t - *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. mown APPOINTMENT OF AGENT? 19-119 d-. PEAK HOUR TRAFFIC (PHT) FORM A Traffic Impact Analysis (TIA) determination must be made prior to the submittal of any rezoning application, site plan or street closure request. The Peak Hour Traffic Generation (PHT) Form is required to be completed for developments that are projected to contain 500 or fewer weekday peak hour (A.M. or P.M.) trips (UDC Section 3.29.4). Property Address: Development Services 2406 Leopard Street, Corpus Christi, TX 78408 Phone: (361)826-3240 www.cctcxas.com Legal Description (Subdivision, Lot, Block): 4« L 1 `e'i A [' Kip SeC,25 Applicant Name: \> '� Address: C* C% % )) ►b`k-2.7 CitylState'Zip: C c 1 p 4t. g Telephone: 1(f;-1Z`{[_—Email: Application Status (Select One): ❑ Rezoning ❑ Site Plan❑Street Closure Existing Land Use Traci Acres Unit of Measure Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips �Q pry z --Lo A- J . and'F-re.. F ‘hc Tolal Total Proposed Land Use Tract Acres Unit of Measure Zoning Land Use ` I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips �Q pry /] Tolal Total Abutting Streets Street Name Access Proposed To Street? Pavement V. idth (FT) ROW Width (FT) For City Use On!) A Traffic Impact Analysis I5 required The consultant prepanng the TIA must meet with the 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 jl exceed the established threshold. E The Traffic Impact Analysis has been waived for the following reason()- Revie++ed By: Date Note- This completed and reviewed form must accoinpan} any subsequent application for the IDLNTICAL project C11 \NGf S bthe proposed project uiil require a nem TIA determination to be made. MURRAY BASS, JR., P.E.,R.P.L.S. NIXON M. WELSH, P.E.,R.P.LS. www.bass-wclsh.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 TRACT 1 RE to RS -6 Zoning STATE OF TEXAS § COUNTY OF NUECES § 3054 S. ALAMEDA, ZIP 78404 361 882-5521-- FAX 361 882-1265 e-mail: murrayjr@aol.com e-mail: nixmw@aol.com November 2, 2016 12040-M&B-Tract 1.doc Description of a 1.994 acre tract of land, more or less, for RS -6 zoning, a portion of Lots 15 and 16, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 41- 43, Map Records, Nueces County, Texas, and being a portion of a 28.9767 acre tract of land described by deed recorded at Document No. 2012015834, Official Records of said county, said 1.994 acre tract of land as further described by metes and bounds as follows: BEGINNING at a point in the east right-of-way line of Airline Road for the northernmost west corner of the tract herein described which bears S02°26'06"W 635.86' from the point of intersection of said east right-of- way line of Airline Road and the southwest boundary line of a 135.00' wide drainage right-of-way described by deed recorded at Volume 2005, Page 880, Deed Records of said county; THENCE S87°02'53"E 156.44' to a point for interior southwesterly corner of the tract herein described; THENCE NO2°57'07"E 250.56' to a point for north central corner of the tract herein described; THENCE S87°02'53"E 295.84' to a point for the northeast corner of the tract herein described; THENCE S02°57'07"W 278.68' to a point for the southeast corner of the tract herein described; THENCE N87°02'53"W 452.03' to a point in said east right-of-way line of Airline road for the southwest corner of the tract herein described; THENCE NO2°26'06"E 28.11' along said east right-of-way line of Airline Road to the POINT OF BEGINNING, a sketch showing said 1.994 acre Tract 1 being attached hereto as Exhibit "C". NMW: sab ixon M. Welsh, R.P.L.S. EXHIBIT "A" Page 1 of 1 MURRAY BASS, JR., P.E.,RP.LS. NIXON M. WELSH, P.E.,R.P.LS. www.bass-welsh.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 TRACT FR to RS -6 Zoning STATE OF TEXAS § COUNTY OF NUECES 3054 S. ALAMEDA, ZIP 78404 361 882-5521-- FAX 361 882-1265 e-mail: murrayjr@aol.com e-mail: nixmw@aol.com November 3, 2016 12040-M&B-Tract 2.doc Description of a 22.651 acre tract of land, more or less, for RS -6 Zoning, a portion of Lots 15 and 16, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 41 - 43, Map Records, Nueces County, Texas and being a portion of a 28.9767 acre tract of land described by deed recorded at Document No. 2012015834, Official Records of said county, said 22.651 acre tract of land as further described by metes and bounds as follows: BEGINNING at the point of intersection of the southeast boundary line of said Lot 15 and the southwest right-of-way line of a 135' wide drainage right-of-way described by deed recorded at Volume 2005, Page 880, Deed Records of said county, said beginning point for the easternmost corner of the tract herein described; said beginning point bears S29°00'00"W 130.43' from the common easternmost corner of said Lot 15 and northernmost corner of Lot 14, said Section 25, Flour Bluff and Encinal Farm and Garden Tracts; THENCE S29°00'00"W 1149.57' to a point in the northeast right-of-way line of Yorktown Boulevard for the southernmost corner of the tract herein described; THENCE N61°00'00"W 646.46' along said northeast right-of-way line of Yorktown Boulevard, being along a line 40.00' northeast of and parallel to the southwest boundary line of said Lot 15, to the point of intersection of said northeast right-of-way line of Yorktown Boulevard and the east right-of-way line of Airline Road, a 60' road right-of-way, for the westernmost south corner or southwest corner of the tract herein described, said southwest boundary line of Lot 15 being the center line of a public road along the half -section line of said Section 25; THENCE along said east right-of-way line of Airline Road NO2°26'06"E 621.29' to a point for west central corner of the tract herein described; THENCE to interior northwesterly or central corners of the tract herein described as follows: S87°02'53"E 452.03'; NO2°57'07"E 278.68'; N87°02'53"W 295.84', and; S02°57'07"W 250.56'; THENCE N87°02'53"W 156.44' to a point in said east right-of-way line of Airline Road for west central comer of the tract herein described; EXHIBIT "B" Page 1 of 2 Metes and Bounds Description, 22.651 Acre Tract 2, November 3, 2016, Continued; THENCE NO2°26'06"E 635.86' along said east right-of-way Iine of Airline Road to a point for the northernmost corner or northwest corner of the tract herein described at the point of intersection of said east right-of-way line of Airline Road and the southwest right-of-way line of said 135' wide drainage right-of-way; THENCE along said southwest right-of-way line of 135' wide drainage right-of-way S61°00'00"E 1221.25' to the POINT OF BEGINNING, a sketch showing said 22.651 acre Tract 2 being attached hereto as Exhibit "C". NMW: sab f ixon M. Welsh, R.P.LS. EXHIBIT "B" Page 2 of 2 30' w to , o— co Op OV C Z cV 43 6 S8702'531 2.03' 1, RE TO / z'o3' RS -6 ZONING SECT 25. FO & FE & GT DISTRICT, 1.994 AC. rtg w z M m U ��O N CO s A a q B & FE & GT LOT 14 EXHIBIT 'C' SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTI❑NS 1' = 200' BASS AND WELSH ENGINEERING CORPUS CHRISTI. TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-ZONING, JOB N0. 12040, SCALE 1' - 200' PLOT SCALE SAME, PLOT DATE 11/3/16, SHEET 1 OF 1 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". STREET: S 4 t ( CITY: (C ZIP: Lf V FIRM is:orporation °Partnership °Sole Owner °Association °Other DISCLOSURE QUESTIONS if additional space is necessary please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N -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 NJ* 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) 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 iwthe City of Corpus Christi, Texas as changes occur. Y.(3.1\C•4_04-- �},�Certifying Person ll"� TA�'r'L� Title:A l eI,4± * (Print Name) Signature of Certifying Person: Date: eco 131(2 tio r; ',:;F VELOPMENTSVCSISHARED%LAND DEVELOPMENTIAPPLICATION FORMSIREZONINGUDISCLOSURE OF INTERESTS STATEMENT 5 12 2015.DOC To whom it may concern: The City of Corpus Christi On behalf of AEL Development, we plan of developing the land on Yorktown Blvd. and building new homes. Thank you Hamed R Mostaghasi Rick's Homes LLC November 7, 2016 401 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 incaraacidades. que tienen la intencion rle asistir a esta junta y que reouieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (3611 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta v su ingles es limitado favor de !lamer al departamento de servicios de desarrollo al numeroj3611 826-3240 al menos 48 hares antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1216-01 Ael Development LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RE" Residential Estate District and "FR" Farm Rural District to the "RS -6" Single Family Residential District_ The property to be rezoned is described as: A 1.994 acre tract of land of a portion of Lots 15 and 16, Section 25, Flour Bluff and Encinal Farm and Garden Tract and a 22.651 acre tract of land of a portion of Lots 15 and 16, Section 25, Flour Bluff and Encinal Farm and Garden Tracts. 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, December 14, 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: f L1312. (3& Address: SLvi o eti- Sf . (i4 IN FAVOR ( ) IN OPPOSITION City/State: d .: t •4s'L, Phone: I -11J" 7'4 REASON: 11- Sofine - kaS (-o sere. CuQss SIA -1-e., C/- Gt eptAirizetkiii, L°cAga.L. nAn. d SEE MAP ON REVERSE SIDE Property Owner ID: 29 J�. Infor No 16ZN1002 J Signature �Fiw�-lc. Case No. 1216-01 Project Manager: Laura Sheldon City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 R -S = 6 US POSTAGE>)P.Scc. 29 301300040110 HALBROOK ROBERT S AND SHE 7302 SYDNEY STREET CORPUS CHRISTI, TX 78412 ZIP 78412 $ 000.46 02 4rr 0000340617 DEC 02 2016 CG -2 RS -T 0 CASE: 1216-01 SUBJECT PROPERTY WITH ZONING Subject ILdII Property RM -1 mundanely 1 RM -2 Multifamily RM -3 Multifamily OM Profetemnal 011I44 114 -AT Mundanely At • NHphberRaed Ceremonial CH -2 Nelohnerlwed Commercial CR•1 Rewe Commercial CR -2 Resort COmmeICLLl CG -1 General Commercial CO.2 General Commercial CI Inhnelvs Commercial CRO Downtown Commercial CRA R.wrt Commercial FR Farm Rural H Historic Overlay EP Business Pett L Light Industrial IH Hoary Iodmntrl.l PUG Planned Unn Dev. Gveeay O 5.10 ainol.FamHy 10 RS4 67n0NFamMy 4 RS -4 .0 5MeleFamlly 1.0 O 5 -TV Um -Family 115-05 SlmeleFamfy IS R0 Re.ldennal E+a4 R5-114 Tovmhause ap Special Permit RV RscreaoonaP Vehicle Part RMH Manulaclund Mom. Map Scale. 1.3,600 { O;.te a a : r.: ago Prepared GF: *well Department ol0evelapmera Sondem SUe.recT ro4'a,a PROPERTY C LOCATION MAPI Cft,„ City of Corpus Christi AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of January 31, 2017 Second Reading for the City Council Meeting of February 14, 2017 DATE: January 5, 2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Rezoning property located at 5333 and 5337 South Staples Street CAPTION: Case No. 1116-02 Lu Keiu Thi: A change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District. The property to be rezoned is described as Gardendale No. 2, Block 4, Lots 20-B and 21, located on the northwest corner of South Staples Street and Curtis Clark Drive. PURPOSE: The purpose of this item is to rezone the property to allow redevelopment on the corner of a small retail center, standalone restaurant, or a bar. RECOMMENDATION: Planning Commission and Staff Recommendation (November 16, 2016): Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District. Vote Results For: 6 Against: 0 Absent: 3 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "CN - 1" Neighborhood Commercial District to the "CG -2" General Commercial District to demolish the existing improvements and redevelop a small retail center, single standalone restaurant, or bar. The property to be rezoned is consistent with the Future Land Use Plan's designation of the property as commercial use. It is Staffs opinion that the rezoning will not have a negative impact upon the surrounding neighborhood. The amendment is compatible with the present zoning and conforming uses of the surrounding area and is suitable for uses permitted by the proposed zoning district. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan. The proposed rezoning to the "CG -2" General Commercial District is consistent with the adopted Future Land Use Map and Plan CC. 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 Lu Keiu Thi ("Owner"), by changing the UDC Zoning Map in reference to Gardendale No. 2, Block 4, Lots 20-B and 21; from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial; amending Plan CC 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 by Elaine Hoffman on behalf of Lu Keiu Thi ("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 16, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District, and on Tuesday, January 31, 2017, 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 Lu Keiu Thi ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Gardendale No. 2, Block 4, Lots 20-B and 21; located on the northwest corner of South Staples Street and Curtis Clark Drive (the "Property"), from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District (Zoning Map No. 043035), 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, 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, 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 , 2017, 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 2017. ATTEST: Rebecca Huerta Dan McQueen City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\1116-02 Lu Keiu Thi (Gardendale #2)\Council Documents\Ordinance_1116- 02 Lu Keiu Thi.docx Page 2 of 2 R * Rrrs S �CN-2 -C 31/ ^" 1 C" G" -2 14S;6 SP%03� 07 m Q CG -2 y CG N N 1,4 -6N a �07-1A "CG -2 /U 400 80Eet ,RS -7 F Date Cre. red/10742016 Prebared By: IvetteM `, Department of D 4/oma Ment etvices CASE: 1116-02 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Map Scale: 1:2,400 SUBJECT PROPERTY LOCATION MAP 11101 City of Corpus Christi \ Aerial Overview ro C@: t 'Lm Pdrk AND‘ r.d UM,le W c13� -� mn Aerial Map t N PLANNING COMMISSION FINAL REPORT Case No.: 1116-02 HTE No. 16-10000039 Planning Commission Hearing Date: November 16, 2016 Applicant & Legal Description Representative: Cliff Atnip Applicant: Elaine Hoffman Owner: Lu Keiu Thi Location: 5333 and 5337 South Staples Street. Legal Description: Gardendale No. 2, Block 4, Lot 20-B and Lot 21, located on the northwest corner of South Staples Street and Curtis Clark Drive. Zoning Request From: "CN -1" Neighborhood Commercial District To: "CG -2" General Commercial District Area: 0.8584 acres Purpose of Request: To demolish existing improvements and redevelop the corner. The applicant is considering a small retail center, standalone restaurant, or bar. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "CN -1" Neighborhood Commercial District Commercial Commercial North "CG -2" General Commercial District Commercial Commercial South "CG -2" General Commercial District Commercial Commercial East "CG -2" General Commercial District Commercial Commercial West "RS -6" Single Family Residential District Vacant Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan (ADP) and is planned for commercial uses. The proposed rezoning to the "CG -2" General Commercial District is consistent with the adopted Plan CC Future Land Use map and with the Southside ADP. Map No.: 043035 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 205 feet of street frontage along South Staples Street, which is an "A2" Secondary Arterial street. The maximum average daily trips for an "A2" is 20,000 to 32,000. The subject property also has approximately 235 feet of street frontage along Curtis Clark Drive, which is a Local Residential street. The maximum average daily trips for a Local Residential street is 500. Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume South Staples Street "A2" Secondary Arterial Divided38,801 Street 100' ROW 54' paved 96' ROW 64' paved Curtis Clark Drive Residential Street 50' ROW 28' paved 60' ROW 35' paved Information Unavailable Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CN -1" Neighborhood Commercial District to "CG -2" General Commercial District for redeveloping the property. Development Plan: The applicant proposes to rezone the subject lot, which is a part of Gardendale No. 2, to the "CG -2" General Commercial District. The lot is 0.8584 acres. The purpose of the rezoning is to demolish the existing improvements and redevelop the corner into a retail center, standalone restaurant, or bar. Existing Land Uses & Zoning: To the north, south, and east of the subject property the zoning is "CG -2" General Commercial with commercial uses. The lot to the west is zoned "R-6" Single Family Residential and is vacant. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is platted. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside ADP. The proposed rezoning to the "CG -2" General Commercial District is consistent with Plan CC and the Future Land Use Map which identifies the area as Commercial. Additionally, the following are pertinent elements of Plan CC and the Southside ADP that should be considered: • Be business -friendly. Establish a climate that attracts new industries and supports business growth and entrepreneurship as well as streamlined regulations that also protect environmental resources and quality of life. (Plan CC, Principles, page 14) • Promote interconnected neighborhoods with appropriate transitions between lower - intensity and higher -intensity land uses. (Plan CC, Goal 3, Strategy 4, page 51.) Staff Report Page 3 • Support the separation of high-volume traffic from residential areas or other noise sensitive land uses. 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, Goal 3, Strategy 5, page 51.) • High-intensity commercial and industrial areas should be buffered to provide transition from low-density residential areas through the existence of: A) Main roads; B) Public and institutional buildings; C) Open space; D) Scale of design; and E) Other transitional land uses. (Southside Area Development Plan, Policy Statement B.6) • Preserve and protect the residential nature of the Gardendale Neighborhood from Curtis Clark south to Cain Drive and from Everhart east to Staples. A) Prevent the development of non-residential uses into the interior of the neighborhood; and B) Limit intrusion of new commercial or expansion of existing commercial development along the western and eastern edges of the neighborhood parallel to Everhart and Staples Streets (Southside Development Plan, Policy Statement B.10) • Limited commercial expansion will be allowed along the west and east sides behind the Staples Street and Everhart Road commercial corridors. Sensitivity to the remaining residential neighborhood will likely be achieved by limiting expansion of commercial development to the following conditions A) Total depth of commercial development between the street row line (Staples or Everhart Road) and the neighborhood shall generally not exceed 300'; B) Require replatting to combine lots in order to access Staples Street or Everhart Road; C) A standard screening fence and tree planting buffer will be required between the commercial properties and the remaining residential neighborhood. This buffer will be consistent with the requirements in the "B -1A" Neighborhood Business Zoning district; and D) Implementation of this policy should be on a case by case basis through special permit and replatting process. (Southside Area Development Plan, Policy Statement B.11) Department Comments: • The proposed rezoning does not encroach past the established line of existing "CG - 2" General Commercial District. • The rezoning to "CG -2" General Commercial District would be consistent with existing uses fronting Staples Street. • The Unified Development Code contains provisions that would protect neighboring residential property through the use of setbacks, screening, and cutoff lights. Staff Report Page 4 Planning Commission and Staff Recommendation (November 16, 2016): Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to "CG -2" General Commercial District. Vote Results: For: 6 Opposed: 0 Absent: 3 V Fa a Notification Number of Notices Mailed As of January 5, 2017: In Favor In Opposition For 0.00% in opposition. — 16 within 200' notification area; 4 outside notification area — 0 (inside notification area); 1 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Application 3. Returned Opposition/Support (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES \2016\1116-02 Lu Keiu Thi (Gardendale #2)\PC Documents\1116-02 PC Report Lu Keiu Thi.docx R * Rrrs S �CN-2 -C 31/ ^" 1 C" G" -2 14S;6 SP%03� 07 m Q CG -2 y CG N N 1,4 -6N a �07-1A "CG -2 /U 400 80Eet ,RS -7 F Date Cre. red/10742016 Prebared By: IvetteM `, Department of D 4/oma Ment etvices CASE: 1116-02 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Map Scale: 1:2,400 SUBJECT PROPERTY LOCATION MAP 11101 City of Corpus Christi \ l6-10000029 N.DEVELOPMENTSVCSISHAREDILAND OEVELOPMENTIAPPLICATION FORMSIREZONINGIZONING APPLICATION 2015 DOC orm I evi REZONING APPLICATION o pus c�;. ° �' `m Tri.52 _ Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street Office Use Only S-- Case No.: No.: ��D� PC 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. 1. Applicant L Aj.r UO nlAt4 Contact Person : 64.11,4E 1i9Fh1,J Mailing Address: Ceo.67-- E4171— LJ City: a •iii.. 't-ITZ Lt/ State772 ZIP:WI/Or-Phone: ( s2/ ) eci " t i0(90 E-mail: C )76C°I • Cell: nr 2. Property Owner(s): F (f I"1 1` -(_EI-( Contact Person : Mailing Address: S---32 `l `7 %� 6 p is �,y 1 City: ei O� F7(.L e. 141Z4SL 1 State:�x ZIP: n `'1,1 I Phone. ( 1 r� ���J E-mail: /4/ Cell: ( 3Coff) I & - �t5a 3. Subject Property Address: -6 _ 3 . G A.pL I S Area of Request (SF/acres):.-(1 . iO S F `) Current Zoning & Use: (.• 1.1 - ( Proposed Zoning & Use: 66- -j. 12 -Digit Nueces County Tax ID. 02 2 . 2S, _ OQt'�� - d -LQ gp.--p c - 1 t) -0004 02 00 �� Subdivision Name: lr FlZ17c.tbAL1r, -4t4ra a Block: 14 Lot(s): Legal Description if not platted: 4. Submittal Requirements: Date Held . with City Staff • Early Assistance Meeting: ❑ Land Use Statement IF APPLICABLE: • Disclosure of Interest 1 Copy of Warranty Deed is inconsistent with Future Land Use Plan) 0 Site Plan for PUD or Special Permit with exhibit if property includes un -platted land (sealed by RPLS) 0 Lien Holder Authorization landowner is not signing this form • Peak Hour Trip Form (if request ❑ Metes & Bounds Description ■ Appointment of Agent Form if 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 all of the Property Owner(s): and the information provided is accurate. QCQ t' `/ f2-1....„ ',7 Owner or nt s Signature Applicant's igna ure ( ei) Lu t- i Jr: La a) e 11- • friCin Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: 10-5-11 ty Received By: ADP: g 3 Rezoning Fee 1 tit) 1- SD + PUD Fee F5r + Sign Fee 4 .730 = Total Fee 1 r a7. 50 No. Signs Requiredi301sign Sign Posting Date: N.DEVELOPMENTSVCSISHAREDILAND OEVELOPMENTIAPPLICATION FORMSIREZONINGIZONING APPLICATION 2015 DOC orm I evi 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), buildings)/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. t L! CFl A-177 [-1 /is v_ RC. I-1 ASF 6,0Arrene.7-- OM 1` - OM W e- SITE _` i` tit. b Ili vvvoLLat `HEl &(4 Imazo IFrni�� O 1f\JESE . Oar OSS T c7/ LooRii A zu_ Z A, L A L 0i4 2. Identify the existing land uses adjoining the area of request: North - f Uhl{ South - �s . East - /- < West - [ ',,< i -dVi - C YUSERSITANYAR oOo DESKTORDAILY USEIANNIKA1LAND USE STATEMENT FOR ZONING DOC APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for me, as my agent in this request. f #� Name of Agent: { LLL Mailing Address: /O2 City: orpu eip1 TI State: / Zip: LL Home Phone: t26/1 )9c±2_--',2.2(pusiness Phone: fazj_e 9Cell: as,L ) 1 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, 1 agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other legal entity, then I certify that 1 have the legal authority to a is bindin ppointment on behalf of the entity, and every reference herein to "I", "my", or "me" 4p ref• r nce to th e ity.� *Signature of Agent: Printed/Typed Name of Agent: t'.i f r 4Th, *Signature of Property Owner: Title:kg/= S i i4 Date: I -oZ D.— (G. - r/61ewrto-- Title: Printed/Typed Name of Property Owner: L -i E f ( �_ Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. D W tirov.n APPOINTMENT OF AGENT2 19 9 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: IQ ({fi STREET: 7f 12 Ii Z tI (kitT CITY: e�1 I ;?L S rZIP( ZIP: f-7--#1411 FIRM is: Corporation °Partnership °Sole Owner ()Association °Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name / Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name 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 Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to //�� the City of Corpus Christi. Texas as changes occur. s— Certifying Person: C.� i_irf r r , [ Title A q Si nature of Certifying Person: 7' 1� � Date: 1 `'`~ I 9 fy g a (Print Name) K.4DEVELOPMENTSVCSISHAREI7LLAND OEVELOPMENTIAPPL CA ON FORMSIREZONINGIOISCLOSURE OF INTERESTS STATEME1_5.12,21775,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: f 6c1/647E. 1`167 (- iVL STREET: S ; cnR Li CITY: C,pgP(..L< C. t5T( ZIP: 7E Li 19 FIRM is:°Corporation °PartnershipSole Owner °Association °Other ISCLOSURE 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 k Title 1 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee rl 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Eicitrl (Print Name) ij V cry-, Title: Signature of Certifying Person: ./ ... /� b. AIL Ari/ft Date: 0 f./l ICIPEVELOPMENTSVCSISHAREOILANO 7EVELOPMENTAP{>LICATIONFORMS1REZONINGICI' � RE 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: STREET ,c3:2•1:3 47 -IA PL. i72 CITY: FIRM is:°Corporation OPartnershipCo Sole Owner Association DISCLOSURE QUESTIONS Other ZIP: 11 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 370 or more of the ownership in the above named "firm". Name Job Title and City Department (if known) 2. State the narrits 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 r`'�' Title 3. State the name of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3°0 or more of the ownership in the above named "firm". Name Board, Commission, or Committee 4. State the names f 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 31/4 or more of the ownership in the above named "firm". Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi. Texas as changes occur. Certifying Person* Title: (Print Name) Signature of Certifying Person:Date: K;IDEVELOPMENTSVCSSSHAREOILANO DEVELOPMENT1APPLICATION FORMSIREZONING1DISCLOSURE OF INTERESTS STATEMENT_512.2015.DOC raw • he an oto lotion swap �.w r 141Z.17 1.'.Ta'•r w AZI i 4 foe 111y 6,16 4_—, th ebe.We rwa4.e. • aged -114414. ▪ vvthieW414on ler me.Yre. Mad ✓ Pa Qv . 70 — — 4f Po deb r Mar MOM J4I41' d N! Old • M r • 4rtli Rei Mod Ane LOCATOR NAP N.T.. MOM ► Ste SOW. 31apr. !heel lCrrlicalliNedlaw�r naeolod pp 1•) >nL (tiwYr onio 04 Nei 1, Yet Nom* at Mem b. • r. .1 N! lab ISO Card* Toon 1) teem Aeon et No a...7 ab' be eat r ode ler 1444 A)Deem rNre!bft4.1 wear at ea fli▪ sment 4) TAYeee.� vle two I Ms .rede AWT 1; 700/. psSid iS- TN Wren 1bNi xetl.la • 1MP0eR 1111 M YeeIM.4R Ire mods m mh OtlivvAWed ~be Ito reeky amble Moe in 0.1404 +weed .Npr r rabyr mid •bed be b w ibe 'memo °Aa �mi ` meanly is w moon Mesa r Pemex it lrrlbevere Teel, palled by er Tee !M� r n eaeble belv ee /r r Wee? k lel o.re : LOW 1Ro l.wye e.Nell OlNmee � �eeen .rnvle Weal bed lomatr • .Me A fOVQ Mi.L reeWele r N4btletl mM e*er a Seib .1 Iyer Ile e78• olap Me edM r ague War tab I rneat IMMINVION4 noble*. 1 we ®nob N N meth my dela 1 RRVJYI OATR DEAAPIIOI APPROVED AMuR®A N ENGINEERING BOUNDARY SURVEY OF A e•w 111.11414. bole ofY • Onlondola Ne 7. a map r title N nasi In Velma OGt Pep 1. 4. beer r Nes CO.* Ta DRAM WA _Efs—VCAUOJaLDE.X0 NEIME M aro. 9M_0Alli R esru Traffic Count Map - Close Up 5333 S Staples St, Corpus Christi, Texas, 78411 Rings: 1, 3, 5 mile radii Prepared by E Latitude 27.704 LangiiuczP -97.372 Source. 02016 Kallbrate Technologies Average Daily Traffic Volume Up to 6,000 vehicles per day X6,001- 15,000 £ 15,001- 30,000 £30,001 • 50,000 £50,001 - 100,000 £More than 100,000 per day July 01, 201 THE STATE OF TEXAS COUNTY OF NUECES DOC# 890118 PECIAL WARRANTY DEED § § HBIN-HUI LU ("Grantor"), for valuable consideration paid to Grantor by KZEU-THY LU ("Grantee"), whose address is P. O. Box 1315, Aransas Pass, Texas 78335, the receipt and sufficiency of such consideration being acknowledged, GRANTS, SELLS and CONVEYS, to Grantee an undivided one-half (1/2) of Grantor's rights, titles and interests in and to Lot 208 and part of Lot 21, Block 4, Gardendale No. 2, a subdivision of the City of Corpus Christi, Nueces County, Texas, as described on the attached Exhibit A, to which reference is here made for all purposes, together with all and singular the rights and appurtenances pertaining thereto including any right, title and interest of Grantor in and to (i) adjacent streets, alleys or rights-of-way, and (ii) the permanent improvements and fixtures located thereon (the "Property"); TO HAVE AND TO HOLD such undivided one-half (1/2) interest in the Property, together with all and singular the rights and appurtenances thereto in any manner belonging, unto Grantee and Grantee's heirs, legal representatives and assigns, forever; and Grantor binds Grantor and Grantor's heirs to WARRANT AND FOREVER DEFEND such undivided one-half (1/2) interest in the Property unto Grantee and Grantee's heirs, legal representative, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through and under Grantor only, and not otherwise. Dated: January 5 , 1994. GRANTOR: 8 N-HIU LU Page 1 of 2 I n n iIonn r In nr T Til 1 f r --T [Afuil 1 1111 1 INN IRA 1 ammtl la I. I MGM Wel THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before tae on January 1994, by Hain-Hiu Lu. c:l101ijerdoclhiulu.rn d (Type or Print Name) My Commission Expires Page 2 of 2 �t 1111: to glm T ten. 1 11 1 1 1 1 HMI 11 1111 1 EXHIBIT A TRACT L: Lot Twenty B (209). Block Four (4), OARDENDALE N0. 2., a Subdivision of the City of Corpus Christi, Texas, es shown by the map or plat thereof recorded in Volume s0, Pags 1, Map Records of Nueces County. Texas. to which reference is hers made for all pertinent purposes. TRACT II: Being a tract of land remaining out of Lot 21, Block 4, Gardeedale No. 2. Lot Twenty-one (21). Block Four (4), GARAENDALE NO. 2. a Subdivision of the City of Corpus Christi, Texas, as shown by the nap or plat thereof recorded in is made for all pertinent purposes and being more particularly described by metes and bounds as follows, to -wit: Beginnning at the most westerly corner of said Lot 21, Block 4. for the most westerly corner of this tract and the Point of Beginning, also being the most southerly corner of Lot 22, Block 4, said Gardsndale No. 2; THENCE N 28 degrees 59' 20" E. along the cowman line between Lot 21 and Lot 22, said Block 4, a distance of 100.00 feet to the moat northerly corner of said Lot 21. Block 4. for the most northerly corner of this tract; • THENCE S 81 degrees 00' 40" E a distance of 224.41 .feet to a point in the present westerly boundary line of the right-of-way of Staples Street. as wideneds_ [ ,thsg1o0.t 40arely p?rner of this tract. also being the moat northerhloeorner of't ierdght-ef-wiy.deseribed in deed at record in Volume 1432, PaEri;0!E8`,.0,iks$*d• ttecocde of tNueces County. Texas; THENCE S 29 degrees 00' 00" W. along the westerly boundary line of the • right-of-way of said Staples Street, as widened, a distance of 90.00 feet to a paint, the Point of Curvature of a curve to the right whose radius Is 10.o feat. whose central angle is 89 degrees 59' 20", and whose tangent is 10.0 fast, for a southerly corner of this tract; THENCE. in a southwesterly dlrset&on..alonE said curve. a distance..of 15.71 feet to a point in the northerly boundary line of the right-of-way of Curtis Clark Drive and is the southerly boundary line of said Lot 21, for a southerly corner of tble tract. also being the Point of Tangency of said curve; THENCE N 61 degrees 00' 40" .W;_ along the northerly boundary line of the right-ot-way of. said Curtin tlixk Drive and along the southerly boundary line of said Lot 21, Block 4, a distance of 214.39 fest to the point of beginning. n, nn rants• RI 111 --ter — • --r- 1 -mum rer r GF# \3 4/6 AMOUNT: PAGE S: SAN JACINTO TITLE COMPANY 11111 171"-- penekaludidM ml_riallehi. NOM or sea lifts. .ed� RIERIL 3/1243. FILED FOR RECORD DOC# 890118 $13 01-03-1994 11:49:44 ERNEST M. B R I ONES NUECES COUNTY VW Of /DAS 1:0141701 NEES So1Pagairo so debrimeur , ��brit eet fttageouati, Teasel JAN 3 1994 r...�—r 1111111 1 mu 1 pit AocI 2006822768 WARRANTY DEED WITH VENDOR'S LIEN NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE. OR STRIKE ANY OFT1IE FOLLOWING INFORMATION FROM THIS 1pl.S RUMENT BEFORE IT IS FLED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DATE: NJ, 2006 URANTI)R: CHI•PI•N HO ami LB/LI-CHI HO GRAN L•E.: KIL'U 1111 LU OIIAN"IFF.S SIAII.IN(I AOIIRHS4 5010 WocI&Wge, Corpus Christi, Tans 70413 CHNtiII)IIRATii)N Tlx: sum err 5735,000.011 paid m (irnux by VAI.IIF.RANK TP. XAS (herein called the Leede i, as evidenced by a note of even date herewith In such amount, executed by U noire payable to the older of Lender, whkh ante bears interest and is payable as therein provide(, the inviter of which no Is secured by the superior title and a wades lien herein and hereby wady retainer) an the he anoint dcxzfbed Property and herein and hereby openly transferred Slid tosigltad, without recourse, so traider, and 1 £fu Ws 111040300 and wig= and fur Ten Dollars and other variable consideration, the receipt and suficicncy of which is acknowkdgcd. The Gott payable to Leader h additionally soared by S deed of trust of uvea are herewith lo favor of Loader covering the Properly PROPERTY. 'rho following desatbed Load Tram I: Lo( TwmuyB (2011), Uloct tour (41, GAIWf.NUALL NU 2, a Subdivision of the City of Corpus Gino, Nunes County, Texas, u theme by the map ur plat thereof recorded in Valuer 50, Png 1, Map Records of Notes Canty, Texas, so which reference it here made for all per1incnt pmposcs. UMW Being o tact of fond remaining out of Lot 21, Block 4, Oardendalc No. 2, Corpus Midi, Nuecea County. Texas, more partkularly described nn F.ahhbit A attached hereto. fugdhcr with nod indritt' all of the Orntora rigid, 0110 and Intaac (n cud lo Un ri er and appurtenances in nay way belonging or eppunaaaar to said Land, loduding, without Nmitatiolt (1) arty improvements on said Lend; (11) grips ant gores, If any, *Adjacent ur awnllguuua to the Land; (111) any land lying in w mix tlx: bei or any meat, alley, mad, creek or steam reaming through, abutting ur at(jaccat to the Land; (lar) any riparian rights appunma 4 to the (.and relating to surface: or subnuface water:; and (v) easements.. rights of ingress and cares and revash:my (Summa benegfing nr serving the band (the Land and mbar appmmnant 'isles being referred to herein u the RESERVATIONS FROM AND EXCEPTIONS lel CONVFNANCR AND WARRANTY. This conveyance is subject to the following naehenh tu the Nauta drr such toe presently In farce and nd%cl and Kinn the Properly: (1) All easa»entr, rales-ofway and /Wrin(ve noveaantr, if any, of reooN with Om County Clerk of the County la whkh the Property is lacer* (2) Texas sortie anent year. the payment of which Grantee esaumet; (3) MI mineral emu rose shone and conveyances (ineJuditg esslgnsteae or aesenatlom or royalty ingmeats) by (Rentor and by Grsone 's rardeeeners in Title as shown by the records of the Comity Mak of the County in which the Property is located; d; nod the tields of the owner or any radian or the mammal name and the Hens of any knee gar other person claiming as Interest Its oil, gas end other shutemls under oil, gar ted miners! Takes ar other document' as such Is shown by the records of the County Clot of die County in which the Properly Is located. GRANT OF PROPERTY: Grantor,. far rhe Consideration sod subject to the ResetvWooe Front and Fareptians to Com mare and Warranty, GRANTS, SELLS. and CONVEYS CO Grantee the Poverty, fngethar with ell and elugulrr the rights and spptriensnoee thereto le sty way belonSlaa, to have end lo hold ciao Grantee. Grantee's brims, acecuVse. ridosinisinosct, sinews as. mrd emir= ftrevar iiantur birds Grantor and annoy heitr, ornrylrms, rdmiaidralwa, and suezeawra to %mss tt and forever deiind all and singular the Pmparsy to Orontes and Grantee's heirs, mecums, administrators, successors and resigns against may person wtromaoaVe ihwNlly eWmlctg or to eleim the same or ray taut Heriot except MSC the Emanations From end Exceptions to Conveyance end Warranty. Grantor hes eacaded and delirava this decd and has stankd, auk' rid conreyal the above prvparly. and Otatlke has emgeed this deed and baa ptuehleed the property, AS 1S, WHFJIE IS, AND WITH ALL FAULTS. AND WIJ1JOUJ' ANY RL+PRESDN'IATIONS OR WARRANTIES WFIATEOEVFJt, H%PRESS OR 1M1'IJ6D, WRITTEN OH ORAL, 1'1' REIN iHE'MMENTION OF GRANTOR AND GRANTER TO EXPRESSLY NEGATE AND ExCLUn1: ALL REPRESENTATIONS ANI) WARRANTIES AS TO FITNESS OR CONDITION. INCLUDING, BUT NOT LIMITED TO. ALL IMPLY WARRANTICS OF MERCHANTABILITY, CONDITION, HARITAHWLI'JY AND FITNESS FOR ANY PARTICULAR USE OR PURPOSE, ALL WARRANTIES AS TO FITNESS OR CONDITION CREATED BY ANY AIFIRMATJON OF FACT OR PROMISE OR BY ANY DESCRR'DON OF Tilt PROP)(RTY. ANI) AIJ. (MMIHR WAIUANlIM AND REPRESENT/11 IONS WHA•ISOI VER AS TO FITNESS OR CONDITION, except the weniizy of dile expressly sot fort: been. Tbc vcadora Pica against and =Faux uik to the property arc retained until eadc Imre deicnlic l is fully paid according to its terms, at which time this deed shall become absolute. WbratsIlrcWnksttayuires, gooier mums endpronouns rootkalrIh planet. 60—; _ eAo nu Liu LI CIA Ho STATE OFTEXAS COUNTY OF NIIF)L'I•S 1 1 This usuwrsenl wan acbaowledged berme mc un lb: 2006, by CHI -PEN 110 and LIU LI-CI(f HO Nulty Public, Slate 0f Teras r0466e.4•4641. saAtlr•rwavIA s 11 u e barge & Retum To: an : clnto ' I : &maces Gilt! r+st Tex jr 8411 EXHIBIT A Wag a tract of land raualato4 out of lot Twenty -ogle an, Block Pour (4), GARDENDALT NO. 2, a Sobelleirion el the Qty of Corps Christi, flans County, Teat, u alum by the map caplet thereof recorded a Voltam 6, ts c 39, Map Records of Nevem Camay, Tem, to which retrain le Mere made for all pennant purposes. and bolos more particularly described by melts and bounds as follows, to tr BEGINNING al the romt westerly cooler of sold Lot 21. 4, for the most ly corner of this trod POINT OP BEGINNING, also beingmost southerly qtr a Lot 22,Block w�old GardendahNo.2; and the THENCE, N 2t degrees 59' 29" B, t aoag the common fine betwna Let 21 mad Lot 22, sold Block 4,a distance et 300.00 feet to the most northerly corner (amid Lot 21, Block 4. for Me wont nonhariy corner of this trrel< THENCE, S El degrees 00' 40" 8, a distance 0224,41 feet to a petal to the present westerly boundary Hue of the right of wayf the r g t of ay described escsri� la defor f a ll easterly Volume 1432, Page 126, of tics Deed Bacardi of litmus of Bob tree, abe being the oast aertbarlY corner o[ tLs tight of way d County. Tesu; THENCE, 9 29 degrees 00' 00" W. along the westerly boundary We of the right of way of mid Staple, Street, n widened, m diatom of 90.00 feet to a point, the pilot of curvature of m cum to the right robots radios le I0.0 fest, wham ceotrsl aegk is 99 degrees 5r 20". and whose lingua Is 10.0 feet, for the *motherly comer of this !feet; THENCE, In a soothweelerly direction, shag said carte, a distance of 1571 feat to pobat in the northerly boundary Hoe of the right of waw f Carets Clerk a sod gscutes southerly t bmoadary Ilse of said Lot 11, fora soutMrly corner of tots but, being point THENCE, N 01 dogma DO' 40" W, along the northerly boaadary the alit right of way of uid Curtis Clerk Drive and along the soul hefty boaadery Ilse of said Lot 21, Block 4, a dlstanes of 214.39 feet to the POINT OF BECOMING. Charge & Return To: San Jacinto Title Services 5026 Hotly Road Corp!l: rang'. Tenn 713411 Ph* :'•til d�5-100 4 GF#;:: _� Amts — Pages. STATE OF TENS COUNTY OF NIECES i he* taffy Natbs itnuamtassFILEDhFNtbnbst Sequence on teem end in t me armed !web by mad war soy RECORDED. intotllk0lPttbfsTteuatdsd NueceaCeuty Taaltilrewel COUIf1YCLERK NUECESC t9I1 .TFtM Any madam sera Mtica memo 9a Sele. Rental or use d Ns demoted REAL PRCFERTYbreatms el Raer, Cole, Rapho. Sat Hakim. Emus Subs or Itafoefl btola, te :meed rad utodaemaeee under FEDERAL LAW. y1V99 Thl•e instrument is being re—filed to include Exhibit A. •.. ' WARRANTY DEED WITH VENDOR'S WEN Doc* 2066036933 NOTICE OF CONFIDENTIALITY PORTS: IF YOU ARE A NATURAE. VERSfN'I, YOU MAY REMOVR OR STRIKE MY OF 'THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER DATP 4 J, 2006 GRANTOR CHI•PPN HOend Lp1 LI-Ci111I0 CRANfEE- EMU Tilt LU GRANTEE'S MAILING ADDRESS 3010 Wooldridge, Corpus MINI, hew MAD CONSIDERATION The sham DC5535,000 00 paid to Grantor by VALUEDANK TEXAS (herein called the 'Leader"), as evidi nc d by a nabs dawn data berm hh in such amount, executed by Orarnee payabie le the order of Lender, which rune bears Interest and b payable nes there n provided, the payment of which note h axhard by the superior tide and a vendor's lien herein rad hereby expressly retained oe the hereafter described Property and herein end hereby =grotty trwkred mad assigned, without recourse, In Ieeder, sod Leona* successors and oxdgnx anal kr ren Dol[me and other valuable consideration, rbc receipt rod mdlicittwy or whteb p acknowledged The note payable to 1. ender a dddlcne ly secured byedeed orn tofevertdatebrhtwhbhtfavorerLcrdaeevan ahaPropvty PROPP.IITY: The folluwug described Land r, 11 Isrt Iwenty-a (20IS), Block Poor (4), GARDENDhl.F. T10.2. s Subdivifion of the City of Cam Uuiszi, Nuems County, 1 eau, as shown by the nap nr pint thereof recorded is Vel una 50, Page 1, Meg Records of Noon Courcy, NUS, lo which reference Is here node for ell perUncol purposes DOE Udo a rut of land tcuaining out of Lot 21, Block 4, Gudcadde No. 2, Cogan Christi. Nue County, Tunas, tope particularly dcwaibed on Erblbit A emehed hereto. Togaher with and Including di of the Grottoes right, nate rrd Owes( in and to the rights and appurtenances in any way belonging or eppurteoart lo said Land, including. without llmhatian: (I) any Improvements on said Land: (U1 strips and gores, Uany. peke n or contiguous to site Land. (IDS ) any land lying a or under the bed of sty street. alley. road, creek or strew naming Brough, abutting or ofocenl to the dal, (iv) mew ripsaw rights ap unesant lo Ow Lund nelrting to north= or wtbsurfiee wee; sod (v) easemo% rights or ingress and ewe= and reversionary interests hencittiag or nerving the Lind (the Land and usher ',pimento eights being referred to herein et Bre RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE. AND WARRANTY: lhis conveyance is subject In da following makers to the OUCH that ouch are leexedly In force and erfeet and affect the Property (I) MI ca+emaou, rights -o1 way and resWetha corms:is, If any, of reutrd with the County Clerk of tea Cuuoty in which the Properly Ss loadai, (21 Tae for the current year, the mine& of which Grimm spumes, (3) All mina coast reservations and euoveyenees (hocWdag ssstytmnenta or resenpions of myalry Inuet:D) by Gramm and by C amore predecessors in tide as shown by the rcc nils nr the County Clem orate County In whie h she Property is loaned; and due rubra *Me owner Only portion of the mineral wale c sad the rights army lean or odor person thioles an lowest In ell, gas and odder mloerab erodes oil. mu and mineral leases or older documents as such is shown by the records of the County Clerk of the County in which the Pmpeiy i. huadeL GRAM' OI• PROPERTY. Grantor, for dm CosuderatioN mid subject so the Reservsliuns born rad Eon:pslohu to COM -sashed end Warranty, GRANTS. SEI 1.S, and (X)NVEYS to Comae ren Property, together with e11 and simpler thu rights and epparteaances thereto In any way belonging. In have and to hold unto Comm; Qrrmeda beim, cxacurms, adn iniarston, successors, end assigns forever. Grantor bods Grenlor tad Grsewts heir:, manors, administrators, and successors lo warrant and forever defend all and singular the Pmpmy to Quaid! end Grantee's heirs, executors. admlnisttnton, successors told u.dglu against every person whensoever lawfully claiming or to chin the mow or any part thereof: except as in rho Rrravatlons hum lad Exceptions to Conveyance and W.nin4y (Mellor hue named and delivered this dad mod has granted, sold and conveyed the above property, and Grantee hes accepted this deed and hes purchased the properly, AS 1S, WHERE IS, AND KM ALJ. FAULTS. AND WITHOUT ANY R1:PRP.SENFA'IIONS OR WARRANT1 1 WHATSOEVER. EXPRESS OR IMPLIED. WRITTEN 011. OHAL, rr BEING THE INTENT)ON OF ORANTOR ANI) (IRAN(L'E 10 EXPRESSLY NEGATE ANO EXCLUDE ALL REPRESENTATIONS ANI) WARRANl1ES AS ID FITNESS OR cow nom. !NCLUDINU, DDT NOT LIMITED ID. All, IMPLIED WARRANTIES OF MERCHANTABILITY, CONDITION. HABITABILITY AND FITNESS FOR ANY PARTICULAR USE OR PURPOSE, ALL WARR-414TIES AS TO FITNESS OR CONDITION CREAM) BY ANY AFFIRMATION 1)P PACI OR PROMISE OR BY ANY DESCRIPTION or THE PROPERTY, AND AIJ OIIW.K WARRANTIES AND REPRESENTATIONS WHATSOIWL•R AS TO IT1NL'SS OR CONU(T1ON, except the %mossy of de expressly ad forth herein. The vendor's Gem against end superior Me to the property am mined until etch Mtic dmm'bcd 1. fully paid awxdins to its 1emn, at which time Iib dad shall become absolute. When the context 1vpures, ainsufu ooum and pronouns inhere the plus& Chi -Pan Hu Lit I.i-Chi Hu STATE OF'I EXAS COUNTY OF Nl1FEFS This instrument was acknowledged be(aro no on Ute Mx, by CHI -PEN HO hod IlU 1.L4'H1 HO runwtsta.raa+.nnow ownws.0 r.a - 2 - EXHIBITA Being a tract of lead nmsiaiag out of lel Twenty-one (21), Block Your (4), GARDENDALB NO.2, s SoWdvieles o1 the duy of Corpse Christi, Plumes Gouty, Teras, as slows by the map or plat tkrraof recorded is Whims 8, Page 38, Asp � Records 1,,off Nouse � tes and be4which foferenat .bin made for all pullout purposes, and being more particularly described BEGINNING OF �EG1N tING,wat u being corner mast southerly corner of L 32, Block 4��id Gardenias rue 'Co. sad the THENCE, N 21 degrees 59' 20" 1t, close the common line between Let 21 end Lot 22, aid Bieck 4.8 /Manna of 100.00 feet to the moil northerly cornu auk! Let 21, Block 4, for the most northerly coves of tkk mut; THENCE, S 61 degrees 00' 40" 11, s dfdonee of 224.41 fed to a Foist in the pretest westerly bonsdsry Una of the right of way of Staples Street, . Street, as whined. for Ib. most easterly urne2r ecto, the Deed beintis S oda "f N Mrth� caner of the right of way described In deed of record In Volume 143,Pege 126,Cosaty, Tens: THENCE, $ 29 degrees OW 00" W, slang the westerly boondiry Use of the right of way ofsaid Stapla Street, as widened, s distance of 90.o0 feet to a point, the point of corridor, of a ares to the right oboes radio b ]OA feet, whose central angle Is 09 degrees 59' 20", sad wboss hugest Is 10.0 feet, for the southerly corner of tisk Ind; THENCE, In a southwesterly direction, along said corn, ■ Manes 1115.71 feat to s poktt la Ilse northerly boundary line of Ibe right of wary of Circle Ike a fi d disk' cunt; ly boundary line atloid Lot i1, for a southerly corner of thk tract, THENCE, N 61 degrees 00' 40" W, along the borth.rly booedary Use of Ibe right of way of Said Conk barb Delve sad along the pstberly boundary Dos of sold Lot 21, B1.ek 1, a distance of 211.39 fat to las POINT OP BEGINNING. STATE OF 1EXAS COUNTY OF NUECES I begin ceriff t1od MIs inchoate s0s ' ' Mssbtr Srenets onttsOrs ard6thsIsis ImeilbyIns ard wasasyRE ltOE0.094' ,- Rladsd Suet= Carer. Teras COM CLERK NUM maintain AarVowskttwait rich OM &sated RFJt1 fitkei,tbs. make std barge & Return To: an Jacinto Title Services D25 Molly Road .Oi pt2A Christi, Ter?3 78411 int:_ --------- egos Su. flung a w. Moose offlace.Cola, Hina retbiantOtlyik under FEDERAL LAW, 3112180 rscrow File No 1101502592 EXHIBIT "A" A description of a 0.8562 acre tract of land being Lot Twenty -B (20B), Block Four (4), GARDENDALE NO. 2, a Subdivision of the City of Corpus Christi, Nueces County, County, Texas, as shown by the map or plat thereof recorded in Volume 50, Page 1, Map Records of Nueces County, Texas; and a portion of Lot Twenty-one (21), Block Four (4), GARDENDALE NO. 2, a Subdivision of the City of Corpus Christi, Nueces County, Texas, as shown by the map or plat thereof recorded in Volume 8, Page 38, Map Records of Nueces County, Texas, to which reference Is here made for all pertinent purposes, and being more particularly described as follows: BEGINNING at the common northeast corner of Lot 20B and the southeast corner of Lot 19B, Gardendale No. 2, recorded in Volume 50, Page 1, Map Records, Nueces County, Texas, a 518" iron rod found, said point also being on the northwest right-of-way line of South Staples Street, for the POINT OF BEGINNING and the northeast corner of this tract; THENCE, along said right-of-way, 5 29 deg. 00' 00" W, 189.42 feet to a 5/8" iron rod found, said point being the start of a curve tot he right having a central angle of 90 deg. 07' 53" and a radius of 9.27 feet, for the southeast corner of this tract; THENCE, along said curve, 14.58 feet to a 5/B" iron rod found, said point being on the northerly right-of-way line of Curtis Clarke Drive, for a corner of this tract; THENCE, along said right-of-way line, N 61 deg. 07' 21" W, 215.84 feet to a 5/8" iron rod found, said point being on the common southwest corner of Lot 21 and the southeast corner of Lot 22, said Block 4, for the southwest corner of this tract•, THENCE, along the common boundary line of said Lot 21 and Lot 22, N 29 deg. 07' 04" E, 99.90 feet to a 518" iron rod found, said point being the common northwest corner of Lot 21 and the southwest corner of Lot 19B, said Block 4, for the northwest corner of this tract; THENCE, along the common boundary line of said Lot 21 and Lot 19B, S 60 deg. 53' 53" E, 75.05 feet to a 518" iron rod found, said point being the southwest corner of Lot 20B, for a corner of this tract; THENCE, along the common boundary line of said Lot 20B and Lot 19B, N 29 deg. 09' 03" E, 99.94 feet to a 518" iron rod found, said point being the northwest corner of Lot 20B, for a corner of this tract; THENCE, continuing along said common boundary line of Lot 20B and Lot 19B, S 60 deg. 48' 47" E, 149.55 feet to the POINT OF BEGINNING. Containing 0.8562 acres, more or Tess, NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof This Company does not represent that the above described acreage or square footage is true and correct. Charge & Return To: San Jacinto Title Services 5028Hotiy Road Corpin i;"�:s:i, Texas 78411 Ph: 361 -;c3 -'>'J4 GFT:: oto t5`+da Amt: $ Pages C a ATE OF TEXAS COUNTY OF NUECES I hereb cot* tletthis instrument au FILED In Fie Number Sequence co Me dale and lithe lime stamped *an by me, end Y46 duty RECORDED. In the Official PotkcR,eoordsCOWIN %nes County, Tams HUMES CLERK TI Any proVslan heroin whin motto nye Sete, limn a um edColft a. Region. Sm. Handicap,r,Oa" and montane* ado FEDERAL LAW. S Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, cue tienen la intencion de asistir a esta junta v Clue recuieren servicios especiales, se les suolica cue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la [unta y su incites es limitado, favor de Ilamar al departamento de serviciov. de desarrollo al numero_4361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1116-02 Lu Keiu Thi has petitioned the City of Corpus Christi to consider a change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District. The property to be rezoned is described as: Gardendale No. 2, Block 4, Lot 20-B and Lot 21; located on the northwest corner of South Staples Street and Curtis Clark Drive. 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 16, 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: . F.. ( t -'1N FAVOR ( ) IN OPPOSITION REASON: e.n SEE MAP ON REVERSE SIDE Property Owner ID: HTE# 16-10000039 Signa ure City/State: dulzA4 T 1< Phone: . 6 I- $ 53- I COG Case No. 1116.02 Project Manager: Laura Sheldon City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 Elaine Hoffman 5826 Bear Lane Corpus Christi, TX 78405 C/N -2' DON C O N F i O CO d1 N CG -2D z r •1 O271 a P � z illl1411 111 11 ,6712 CASE: 1116-02 SUBJECT PROPERTY WITH ZONING Subject Property 8141 Muddy .Iy 1 R11-2 Ilyhhamlly 2 RMa Multifamily 3 ON Profesiloual OIIIe1 RM -AT Muhlfamty AT CN 1 Neighborhood Commercial CNd Neighborhood Commercut 0R-1 Resort Cemmereal CR -1 CG.1 CG -3 CI COO CR -3 FR IP Resort Commercial General Commercial General Commercial Intensive Commercial DYwrllemm Commercial Remark Commercial Fern Rural 141414•4 Overlay 5a,1,1e1 Part IL Light lntlus4Hol N Heavy 1faa11ra1 Put? Planned if n5 Oay. Oamay 1115 15 $1ngle.Fnmly 10 RS4 Sklghfemly4 Rl-17 Single-Pamtly 45 RS -Ti Toro-F.mly 53-10 SugN•F.mly 11 RE R.111 111 Elate RS.TH Towmheome Sp Spacial Permit RV RecnatlonhI HOW. Pat RMH MInU14Ctured Home Map Scale 12.400 1 ILOCATION MAPI AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of January 17, 2017 Second Reading for the City Council Meeting of January 31, 2017 DATE: TO: January 25, 2017 Margie C. Rose, City Manager FROM: Gene Delauro, Building Official, Development Services GeneD(c�cctexas.com (361)826-3025 Thru: Julio Dimas, Interim Director, Development Services Department JulioD(c�cctexas.com (361) 826-3276 Ordinance amending the Code of Ordinances by revising Chapter 14 Development Services Article II City of Corpus Christi Technical Construction Codes and Chapter 55, Utilities CAPTION: Ordinance amending Section 14-281, 14-231, 14-291, and 55-37 of the City's Code of Ordinances to amend the City's adopted International Plumbing, Building and Residential Codes, authorize the City to inspect, install, repair, and replace backflow assemblies and place the cost of said work on customer utility bills, amend other requirements related to the provision of water to reduce the chance of contamination of the City's water supply, and providing for penalties, publication, severance, and an effective date. PURPOSE: To revise the ordinance to authorizes the City to test, repair, replace and/or certify delinquent backflow device(s) and place the associated cost of the work on the property owner's utility bill for payment. This work could be done by the City or a third -party as needed. BACKGROUND AND FINDINGS: Existing ordinances do not provide an effective way to enforce the requirement for testing and certification of backflow assemblies other than the termination of water service. This is not a reasonable action in certain situations such as when the property is being leased/rented from an Owner who is not responsive to the multiple City notifications. The failure to test and certify backflow assemblies in accordance with current requirements requires the City to test and certify delinquent backflow assemblies to ensure their proper operation and mitigate risk to the City's water system. ALTERNATIVES: Denial or alterations of the recommended changes. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The recommended changes comply with City policy. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not Applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending Section 14-281, 14-231, 14-291, and 55-37 of the City's Code of Ordinances to amend the City's adopted International Plumbing, Building and Residential Codes, authorize the City to inspect, install, repair, and/or replace backflow assemblies and place the cost of said work on customer utility bills, amend other requirements related to the provision of water to reduce the chance of contamination of the City's water supply, and providing for penalties, publication, severance, and an effective date Whereas, by Ordinance No. 030847, the City of Corpus Christi adopted the 2015 International Plumbing Code, the 2015 International Building Code, and the 2015 International Residential Code, on May 17, 2016, each as modified by said ordinance and are referred to herein as the City Plumbing Code, the City Building Code and the City Residential Code; Whereas, Texas Local Government Code Section 552.001 (b) provides that a municipality may operate a utility system inside or outside the municipal boundaries and may regulate the system in a manner that protects the interests of the municipalities; Whereas, the City Plumbing Code, the City Building Code and the City Residential Code contain requirements for the installation and testing of backflow prevention devices for the protection of the municipal water supply; Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That Corpus Christi Code of Ordinances, Chapter 14, Development Services, Article II City of Corpus Christi Technical Construction, Division 7 Plumbing Code, Section 14-281, subsections (11) and (13) be amended to read as follows. Sec. 14-281. - Plumbing code. "With the following additions, deletions and revisions, the International Plumbing Code, 2015 Edition (including Appendix B Rates of Rainfall for Various Cities, Appendix C Structural Safety, Appendix D Degree Day and Design Temperatures, Appendix E Sizing of Water Piping (see International Plumbing Code Section 101.2, 2015 Edition)), as published by the International Code Council, a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the Plumbing Code for the City of Corpus Christi: (11) follows: Section 312.10 of the International Plumbing Code is revised to read as 312.10 Inspection and testing of backflow prevention assemblies. Inspection and testing shall comply with Section 312.10.1. 1 312.10.1 Inspection and Testing. Residential irrigation backflow prevention assemblies shall be tested at time of installation, immediately after repairs, and at least once every three years. Reduced pressure principle backflow preventer assemblies, double check -valve assemblies, pressure vacuum breaker assemblies, reduced pressure detector fire protection backflow prevention assemblies, double check detector fire protection backflow prevention assemblies, and spill proof vacuum breakers that are not part of a residential irrigation system shall be tested at the time of installation, immediately after repairs or relocation and at least annually. All testing and certification shall be performed by a state -licensed Backflow Prevention Assembly Tester. The Backflow Prevention Assembly Tester must file an original copy of the initial test certification and each annual certification with the building official within ten (10) days of the testing. The testing procedure shall be performed in accordance with one (1) of the following standards: ASSE 5013, ASSE 5015, ASSE 5020, ASSE 5047, ASSE 5048, ASSE 5052, ASSE 5056, CSA B64.10 or CSA B64.10.1. (13) Section 608.1 of the International Plumbing Code is amended by adding new subsections 608.1.1 and revised subsection 608.1.2 to read as follows: 608.1.2 Failure to report test result. Upon the failure of the utility customer to report the result of the required test and certification of the backflow prevention device, the City Manager, or designee, may authorize the backflow prevention device to be tested and repaired with all associated charges to be placed on the customer's utility bill, and may also authorize the stoppage of the supply of water to the service address. The water may not be restored, except upon provision of the report of the required test and certification that the backflow prevention device is operating in accordance with specifications." Section 2. That Corpus Christi Code of Ordinances, Chapter 14, Development Services, Article II City of Corpus Christi Technical Construction, Division 2 — Building Code and Existing Building Code, Section 14-231, subsection (7) regarding Governmental Property and regarding Industrial Work be revised to read as follows. "Sec. 14-231. - Building code. With the following additions, deletions and revisions, the International Building Code, 2015 Edition, as published by the International Code Council, a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the Building Code for the City of Corpus Christi: (7) Section 105.2 of the International Building Code and Section R105.1 of the International Residential Code are amended by adding new subsections for Government Property and Industrial Work to read as follows: Governmental Property: 1. No permit is required within and on the premises within the control and supervision of the state or federal government and where the installations will 2 be a part of the facilities operated, maintained, and controlled by the state or federal government. 2. When city inspections are not provided, all connections to the city water system must be equipped with backflow prevention devices in accordance with city codes. The backflow prevention devices must be tested and certified to be operating within specifications by a State -licensed backflow prevention assembly tester with test results reported upon initial installation and at least annually thereafter to the City Manager or designee. a. The water superintendent and the building official will determine the type of backflow prevention device necessary to prevent backflow and back siphonage. b. To assure the connection, the building official has the right to inspect any installations connected to the city water system to the point of the valves or safety devices, and failure to install, test or timely provide test results, or maintain in good operating condition the device authorizes the city to refuse to connect or authorize the city to disconnect the installation connection from the city water supply system. In addition, the city may authorize the backflow prevention device be tested, repaired and/or replaced with all associated charges to be charged to the customer's utility bill. Industrial Work: 1. A permit is not required and no inspections will be performed by the city relating to the construction, assembly, disassembly, reassembly, modification, alteration, or improvement of an industrial facility or industrial processing unit if: a. The industrial facility or industrial processing unit occupies a site of 20 or more contiguous acres. b. The industrial facility or industrial processing unit is inaccessible to the general public. c. The construction, assembly, disassembly, reassembly, modification, alteration, or improvement of the industrial facility or industrial processing unit is under the observation and direct supervision of a licensed professional engineer. The industrial facility or industrial processing unit is used to manufacture, compound, package, process, refine, sort, test, and treat raw materials and other processed materials into finished or intermediate products. d. The industrial facility or industrial processing unit may store materials that will be used in or produced by the manufacturing, compounding, packaging, processing, refining, sorting, testing, and treatment processes. 2. In order to qualify for an industrial exemption under this subparagraph, a professional engineer licensed in the State of Texas must certify at the 3 beginning of each calendar year that all construction, assembly, disassembly, reassembly, modification, alteration, or improvement of the industrial facility or industrial processing unit during the previous year complied with the technical construction codes. a. The affidavit must contain sufficient information that the industrial facility or industrial processing unit is entitled to the exemption requested. b. The affidavit must affirm that all construction, assembly, disassembly, reassembly, modification, alteration, or improvement of the industrial facility or industrial processing unit during the previous year were performed under the direct supervision of a professional engineer licensed in the State of Texas. The affidavit must be accompanied by a site plan of a scale sufficient to delineate the industrial facility or processing unit in relation to any surrounding buildings or structures. Any connections to the city's water or wastewater systems must be shown on the site plan. c. The affidavit must be on a form provided by the building official. d. The licensed professional engineer who completes, signs, and seals the affidavit must certify that all improvements meet the intent or spirit of the city's technical construction codes and life safety criteria for the occupancy as outlined in Chapter 13 of the Code of Ordinances of the city. 3. Any building or structure, which is not principally used in the manufacturing, compounding, packaging, processing, refining, sorting, testing, and treatment processes, is not exempt, and permits and inspections are required for any construction, modification, alteration, or improvement to the building or structure. 4. All connections between an industrial facility or industrial processing unit and the city's water system must be equipped with backflow prevention devices, which will prevent backflow and back siphonage. a. All reduced pressure backflow preventers, pressure type vacuum breakers, and double check valve assemblies must be inspected and certified to be operating within specifications on an annual basis by a State -licensed backflow prevention assembly tester to the building official with test results to be reported annually to the City Manager or designee. b. The inspections operations City havc has the right to inspect any connections to the city's water system, including any valves and backflow prevention devices. c. If the owner or operator of an industrial facility or industrial processing unit fails to install, test or timely provide backflow test results, or maintain valves and backflow prevention devices in good operating condition, the city may refuse to connect the industrial facility or industrial processing unit to, or disconnect the facility or unit from, the city's water supply system. In addition, the City may authorize the backflow prevention 4 device be tested, repaired and/or replaced with all associated charges to be charged to the customer's utility bill. 5. Nothing in this section may be construed to waive or exempt industrial sites from the provisions of any other provision of the Code of Ordinances or any other ordinance of the city. Agricultural Uses: 1. Permits and inspections are not required for installations, alterations, additions, changes, or repairs within the scope of this code to any structure, which is being used exclusively in connection with the ranching or agricultural use of any tract of land of ten (10) acres or more in area within the city at the time of annexation as long as the entire premises being used for agricultural or ranching purposes at the time of annexation is not converted to any other use 2. Any agricultural building or structure used for residential occupancy or connected to utility services may not be exempt under this section from the requirements for permits and inspections. Section 3. That Corpus Christi Code of Ordinances, Chapter 14, Development Services, Article II City of Corpus Christi Technical Construction, Division 8 Residential Code, Section 14-291, subsection (12) be revised to read as follows. "Sec. 14-291. - Residential construction code. With the following additions, deletions and revisions, the International Residential Code for One- and Two -Family Dwellings, 2015 Edition (including Appendix E, Manufactured Housing Used as Dwellings, Appendix H, Patio Covers, Appendix J Existing Building and Structures, (see International Residential Code Section R102.5, 2015 Edition)), as published by the International Code Council, a copy of which, authenticated by the signatures of the Mayor and City Secretary of the City of Corpus Christi, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the Residential Construction Code for the City of Corpus Christi: (12)Section P2503.8 of the International Residential Code is amended by adding new subsections P2503.8.1, P2503.8.2 and P2503.8.3 to read as follows: P2503.8.1 Testing and certification of backflow devices. The owner of any reduced pressure principle backflow preventer, double check -valve assembly backflow preventer, double -detector check -valve assembly backflow preventer, or pressure-type vacuum breaker assembly backflow preventer must have the backflow device tested and certificated by a Backflow Prevention Assembly Tester before a backflow preventer is placed in service and annually thereafter 5 to ensure its proper operation. The Backflow Prevention Assembly Tester must file a copy of the initial and each annual certification with the building official within ten (10) days of the testing. P2503.8.2 Failure to report test result. Upon the failure of the utility customer to report the result of the required test of the backflow prevention device, the City Manager, or designee, may authorize the backflow prevention device be tested, repaired and/or replaced with all associated charges to be charged to the customer's utility bill, and may also authorize the stoppage of the supply of water to the service address. The water may not be restored, except upon provision of the report of the required test and certification that the backflow prevention device is operating within specifications. P2503.8.3 Testing. Residential irrigation backflow prevention assemblies shall be tested at least -once every three (3) years by a Backflow Prevention Assembly Tester and reported to the City Manager or designee. Reduced pressure principle backflow preventers, double check valve assemblies, double -detector check valve assemblies and pressure vacuum breaker assemblies that are not part of a residential irrigation system shall be tested by a Backflow Prevention Assembly Tester at the time of installation, immediately after repairs or relocation and at least annually with test results reported to the City Manager or designee. Upon the failure of the utility customer to report the result of the required test of the backflow prevention device, the City Manager, or designee, may authorize the backflow prevention device be tested, repaired and/or replaced with all associated charges to be charged to the customer's utility bill, and may also authorize the stoppage of the supply of water to the service address. The water may not be restored, except upon provision of the report of the required passing test. Section 4. Chapter 55, Utilities, of the Code of Ordinances of the City of Corpus Christi, Texas, Section 55-37 is amended to read as follows: Sec. 55-37. Reserved. Procedures for installation, testing, repair, and replacement of backflow prevention devices and associated billing (a) The City Plumbing Code, City Building Code, City Residential Code, and State laws and regulations establish requirements for installation and testing of backflow prevention devices for protection of the municipal water supply. The utility customer is responsible to install and maintain the required backflow prevention device in accordance with said Code and regulations and as further provided in this section. For purposes of this section, the City Plumbing Code, the City Building Code, and the City Residential Code refer to said codes as adopted by City Ordinance 030847, as amended from time to time. (b) Backflow prevention devices must be tested as required by Corpus Christi Code by a State -licensed backflow prevention assembly tester to be certified to be operating in 6 accordance with applicable standards, with the test results to be provided to the City Manager or designee. (c) The City may inspect, install, repair and/or replace the backflow prevention device required by this section, adopted codes, state or federal laws or regulations to protect the City's water supply from potential contamination. The City may also contract with an entity to perform any of the aforementioned activities. (d) If a test result is delinquent or shows a failing backflow prevention device, the City is authorized to repair and/or replace or contract for the repair and/or replacement of the backflow prevention device and may also authorize the disconnection of water service to the property. If the City performs the installation, testing, repair and/or replacement, then the charge for the installation, testing, repair and/or replacement of the backflow prevention device will be charged to the utility customer receiving utility service at the property. (e) A utility customer may authorize the City to inspect, install, repair, and/or replace a backflow prevention device, regardless of delinquency or failure thereof. A utility customer may further be presumed by the City to have issued said authorization after the City issues the utility customer a notice of said customer's rights and gives the utility customer 30 days to object to such presumed authorization. (f) The provisions of this section shall apply to the provision of water provided to customers, other than wholesale customers, inside and outside the City limits unless otherwise contradicted in a written contract to supply water to said outside City limits customer. Section 5. Publication shall be made in the official publication of the City of Corpus Christi as required by City Charter of the City of Corpus Christi. Section 6. The regulations adopted by this ordinance are found and determined to be necessary for the protection of the City's water supply as authorized by Texas Local Government Code Section 552.001. Section 7. Penalties for violation of this Ordinance are established in Section 14-207 of the Corpus Christi City Code of Ordinances which provides for a fine of up to $2,000.00 per day. Section 8. It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would not have been acted 7 by the City without the incorporation into this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. Section 9. This ordinance takes effect on publication. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, 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 , 2017, 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 , 2017. ATTEST: Rebecca Huerta City Secretary Dan McQueen Mayor 8 Backflow Cross Connection Recommendations Council Presentation January 31, 2017 Revisions included in Ordinance 1. Allow the City to test and certify delinquent commercial and residential backflow assemblies. This can be done by City staff or third -party as needed. 2. Appropriate charges for testing, repair or replacement to be placed on Customers Utility Bill. Note: Testing and certification for residential irrigation backflow prevention assemblies remain at a three year cycle. All commercial assemblies are currently required to be tested and certified on an annual basis. Questions Questions? AGENDA MEMORANDUM First Reading Item for the City Council Meeting of January 24, 2017 Second Reading Item for the City Council Meeting of January 31, 2017 DATE: TO: January 13, 2017 Margie C. Rose, City Manager FROM: Stacie Talbert Anaya, Interim Director, Parks and Recreation Department StacieT@cctexas.com 361-826-3460 Lease Agreement with the Buccaneer Commission for the Tex-Mex Railroad Depot CAPTION: Ordinance authorizing the City Manager or designee to execute a five- year lease agreement with Buccaneer Commission for the use of Tex Mex Railroad Depot located at 1800 block of Chaparral Street, in consideration of rental payments of $600 per month increasing to $750 per month in third year and $900 per month in fourth year; and providing for options to extend for up to two additional five-year terms with rental rates to be increased each five-year term by ten percent; and providing for publication. PURPOSE: Lease the Tex Mex Railroad Depot to the Buccaneer Commission for office space for its operations and coordination of the Buc Days Festival, Parade, Rodeo and other community -wide events. BACKGROUND AND FINDINGS: The Buccaneer Commission has leased the Jalufka-Gavatos House located in Heritage Park for since 2006 for a monthly payment of $400. This has been a very good partnership for the Parks & Recreation Department and the City as a whole. The Commission, however, has outgrown the space and needs additional room to host event planning meetings, workshops and other gatherings. A five-year lease with the Hispanic Chamber of Commerce prior to their merger with the Corpus Christi Chamber of Commerce (United Chamber of Commerce — now) was executed for the Tex- Mex Railroad Depot in January 2015. The Chambers officially vacated the Depot in early January 2017. Because of the funds the Chamber spent on rehabilitating the building, their lease payments were scheduled to be $0 in lieu of repairs for the first 36 -months; $450 for months 37-48; $900 for months 49-60. Due to the length of the terms, this item requires two readings takes effect the 61st day. The proposed lease of the Depot to the Buccaneer Commission includes a tiered rent schedule to accommodate further repairs and updates the Commission has proposed for the building. ALTERNATIVES: Do not approve the lease for the Tex-Mex Railroad Depot. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must approve all lease agreements. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal 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 Fund(s): General Fund Comments: As the revenue for the lease of this facility is already included in the FY2017 operating budget, no additional impact is anticipated. RECOMMENDATION: Approve the lease of the Tex-Mex Railroad Depot to the Buccaneer Commission LIST OF SUPPORTING DOCUMENTS: Ordinance Proposed Lease Agreement Lease Agreement Exhibit A Ordinance authorizing the City Manager or designee to execute a five- year lease agreement with Buccaneer Commission for the use of Tex Mex Railroad Depot located at 1800 block of Chaparral Street, in consideration of rental payments of $600 per month increasing to $750 per month in third year and $900 per month in fourth year; and providing for options to extend for up to two additional five-year terms with rental rates to be increased each five-year term by ten percent; and providing for publication. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or his designee is authorized to execute a five- year lease agreement with the Buccaneer Commission for the use of Tex Mex Railroad Depot located at 1800 block of Chaparral Street, in consideration of rental payments of $600 per month, increasing to $750 per month in year 3 of the lease and $900 per month in year 4 of the lease, with options to extend for up to two additional five-year terms with rental rates to be increased each five-year term by ten percent. A copy of the Agreement is on file with the City Secretary. Publication shall be made as required by the City Charter. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, 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 , 2017, 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 , 2017. ATTEST: Rebecca Huerta City Secretary Dan McQueen Mayor Ordinance authorizing the City Manager or designee to execute a five- year lease agreement with Buccaneer Commission for the use of Tex Mex Railroad Depot located at 1800 block of Chaparral Street, in consideration of rental payments of $600 per month increasing to $750 per month in third year and $900 per month in fourth year; and providing for options to extend for up to two additional five-year terms with rental rates to be increased each five-year term by ten percent. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or his designee is authorized to execute a five- year lease agreement with the Buccaneer Commission for the use of Tex Mex Railroad Depot located at 1800 block of Chaparral Street, in consideration of rental payments of $600 per month, increasing to $750 per month in year 3 of the lease and $900 per month in year 4 of the lease, with options to extend for up to two additional five-year terms with rental rates to be increased each five-year term by ten percent. A copy of the Agreement is on file with the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, 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 , 2017, 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 , 2017. ATTEST: Rebecca Huerta Carolyn Vaughn City Secretary Mayor Pro Tem LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND BUCCANEER COMMISSION STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This lease agreement ("Lease") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting through its duly authorized City Manager, or his designee ("City Manager"), and the Corpus Christi Buccaneer Commission ("Lessee"). WHEREAS, the City is the owner of real property known as the Tex-Mex Railroad Depot located at 1823 Chaparral, Corpus Christi Texas, together with all improvements thereon ("Premises"); WHEREAS, Lessee has requested the use of the Premises for the purpose of office space for its operations as the Buccaneer Commission, upon the conditions and covenants contained in this Lease; and, WHEREAS, City desires to allow Lessee to use the Premises for this purpose. NOW, THEREFORE, City and Lessee, in consideration of the mutual promises and covenants contained herein, agree as follows: Section 1 Definitions. (A) City means the City of Corpus Christi, Nueces County, Texas, a home rule municipal corporation. (B) City Manager means the City's City Manager or the City Manager's designee. (C) Director means the City's Director of Park and Recreation or the Director of Park and Recreation's designee. (D) Lease means this lease document, including all attached and incorporated exhibits. (E) Lessee means Buccaneer Commission. (F) Parks means the City's Park and Recreation Department. (G) Premises means the Tex-Mex Railroad Depot located at 1823 Chaparral, Corpus Christi Texas, together with all improvements thereon, including parking spaces, as depicted on the attached and incorporated Exhibit A. However, the parking spaces will be available for general public use after Lessee's regular office hours. 2 Section 2. Purpose. The purpose of this Lease, between City and Lessee, is to enable Lessee to utilize Premises for office space for its day-to-day nonprofit corporation operations. Lessee shall not operate the Premises for any other purpose without Director's prior written approval. Section 3. Term. The City leases the Premises, subject to all terms and conditions of this Lease, to the Lessee for an initial five-year term which begins the sixty-first day after final City Council approval, unless sooner terminated as set out herein. This lease may be extended for up to two additional five-year terms upon written agreement of the City Manager and Lessee. The rental rates shall increase in the extension terms as follows: The monthly rent increases by 1O% at the beginning of each five-year extension term. Section 4. Acceptance of Premises Disclaimer: A. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS WITH ALL FAULTS AS MAY EXIST ON THE PREMISES, AND THAT NEITHER LESSOR, NOR ANY EMPLOYEE OR AGENT OF LESSOR, HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. LESSEE HEREBY WAIVES ANY AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, AND DAMAGES BASED ON ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF SUITABILITY FOR APARTICULAR PURPOSE, ANY AND ALL WARRANTIES OF HABITABILITY, AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH IN THIS LEASE. B. 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 USE THE PREMISES, AND IS RELYING ON ITS OWN INSPECTION. C. LESSEE ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND IMPROVEMENTS EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE, IF ANY, ARE ACCEPTED "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY LESSOR WITH RESPECT THERETO. LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT OR OTHER ASSERTION BY LESSOR WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON ITS EXAMINATION THEREOF. D. THE PROVISIONS OF THIS Section 4 SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. 3 Section 5. Lease Payments. (A) For and in consideration of the rights and privileges herein granted, Lessee agrees to pay the City, as follows monthly rents as follows: $600 per month, increasing to $750 per month beginning February 2018, and increasing to $900 per month beginning February 2019. (B) The monthly rent increases by 10% at the beginning of each five-year extension term. (C) All rental fees are due and payable on or before the 10th day of each month for the term of this Lease. Payment must be made to the order of the City of Corpus Christi and mailed to the City Collections Department, P. O. Box 9257, Corpus Christi, TX, 78469, or delivered to City Hall at 1201 Leopard Street, Corpus Christi, TX, 78401. Section 6. Construction of Improvements. Prior to commencing any work at the Premises, Lessee shall coordinate with the Director of Parks and Recreation to verify that Lessee has sufficient funds on hand to complete the planned improvements, ("Improvements"), will comply with City permitting process, and will obtain prior approval from the Director of Parks and Recreation regarding any work at the Premises. Lessee shall require the contractors who are awarded contracts for construction of the Improvements to furnish the following bonds by surety companies authorized to do business in Texas: Payment Bond — A payment bond in the amount of One Hundred Percent of the contract shall be furnished for the protection of all persons, firms, and corporations who may furnish materials or perform labor. The payment bond shall be made with City as an obligee. However, this requirement does not apply if the amount of the construction contract is $25,000 or less. Performance Bond. A performance bond in the amount of One Hundred Percent of the contract shall be furnished covering the faithful performance of the contract. The performance bond shall be made with City as an obligee. However, this requirement does not apply if the amount of the construction contract is $50,000 or less. Lessee shall include in all construction contracts for the Improvements, in large, bold face text: "Contractor does hereby agree to release, indemnify, defend and hold harmless City of Corpus Christi, and all of its officials, officers, agents and employees, in both their public and private capacities, from and against any and all liability, claims, losses, damages, suits, demands or causes of action including 4 all expenses of litigation and/or settlement, court costs and attorney fees which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property occasioned by error, omission, or negligent act of contractor, its officers, agents, employees, subcontractors, invitees or any other person arising out of or in connection with the performance of the construction contract, and contractor shall at his or her own cost and expense defend and protect the City of Corpus Christi from any and all such claims and demands." Lessee shall also require the contractors in all construction agreements for the Improvements to furnish insurance in such amounts as specified in Exhibit B. Lessee agrees that the Director of Engineering Services or designee, as well as the Director of Parks and Recreation or designee, will make visits to the Premises at intervals appropriate to the various stages of construction, as they deem necessary. Lessee agrees that the Director of Engineering Services or designee will have the authority to reject Work believed to be defective. Lessee agrees to promptly correct all defective work. Lessee agrees that all work performed shall be done in full compliance and in accordance with all federal, state and local laws, ordinances, codes and regulations, including but not limited to the Americans with Disabilities Act and the Americans with Disabilities Act Accessibility Guidelines and such work shall be subject to City inspection during the performance thereof and after it is completed. Lessee shall discharge all obligations to contractors, subcontractors, materialmen, workmen and/or other persons for all work performed and for materials furnished for or on account of Lessee as such obligations mature. Lessee expressly agrees that it will neither give nor grant, nor purport to give or grant any mechanic's or materialmen's lien upon the City's property or upon any Improvements thereupon in the process of construction or repair, nor allow any condition to exist or situation to develop whereby any party should be entitled, as a matter of law, to a mechanic's or materialmen's lien against the City's property or the Improvements thereon, and Lessee will discharge any such lien within thirty (30) days after notice of filing thereof. Lessee shall conduct its operations under this Agreement in an orderly and proper manner, considering the nature of such operation, so as not to unreasonably annoy, disturb, or endanger others. The complete cost of developing all necessary plans and specifications, as provided in this Agreement, and the cost of construction of the Improvements shall be borne solely by the Lessee at no expense to the City whatsoever. Lessee shall pay all taxes, special assessments, or levies, if any, assessed against the Premises or Improvements. Upon completion of the Improvements, Lessee shall donate them to the City upon acceptance by the City Director of Parks and Recreation. Any warranties given to Lessee 5 regarding the Improvements shall be transferred and assigned to the City at the same time as the Improvements are accepted by the City. Section 7. Utilities. (A) Lessee shall be responsible to obtain and pay for all utilities to the Premises, including but not limited to, telephone, Internet, electricity, water, wastewater, and solid waste. (B) Lessee shall pay for all utilities related to usage of Premises prior to the due date. Failure to pay any utility bill(s) prior to the due date constitutes grounds for termination of this Lease. Section 8. Abandonment, Interruption of Utilities, Removal of Lessee's Property, and Lockout. Chapter 93 of the Texas Property Code governs the rights and obligations of the parties with regard to: (a) abandonment of the leased premises; (b) interruption of utilities; (c) removal of Lessee's personal property; and (d) lock out of Lessee. Section 9. Maintenance. During the term of this Lease, Lessee will repair and maintain, at its sole expense, the Premises and any improvements on the Premises including without limitation all fixtures connected therewith, and all personal property thereon. However, the City shall be responsible for repairs to the HVAC system and repairs to the roof, subject to provisions of Section 29 and subject to availability and appropriation of funds. City has no obligation for such repairs if funds are not budgeted and appropriated for such purpose during the annual City budget process. Lessee shall obtain, at its own expense, all required building permits, all utility services, garbage collection, janitorial services, and similar services. Section 10. Furniture, Fixtures, Equipment and Parking. (A) It is understood that Lessee will be responsible for furnishing and equipping the Premises and that the City has no obligation to furnish any equipment or furnishings for Lessee. (B) All capital construction to the premises, such as installation of electrical or plumbing fixtures, remains the property of the City. (C) Lessee may place signage for the reserved parking spaces shown on the attached Exhibit A to indicate that the parking spaces are reserved for Lessee during its business hours and during Buc Days events. Section 11. City Use. 6 City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. Section 12. Laws Affecting Operation of Premises and Performance. (A) Lessee shall ensure that its use of the Premises is in accordance with all applicable Federal, State, and local laws, ordinances, rules and regulations. Lessee shall bear the expense and responsibility of meeting all requirements for acquiring all applicable licenses and permits related to its operations. Lessee shall also bear the expense of meeting and complying with all health regulations and Certificate of Occupancy requirements. (B) Section 13. Inspection. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable times and notice, to determine whether Lessee is providing maintenance in accordance with and as required by above, or for any other purpose incidental to City's retained rights of and in the Premises. Section 14. Relationship of Parties. This Lease establishes a landlord/tenant relationship, and none other, and this Lease must be construed conclusively in favor of that relationship. In performing this Lease, both City and Lessee 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 shall not be, nor be construed to be, the employees or agents of the other party for any purpose whatsoever. Section 15. Insurance. (A) Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the Exhibit "B", which is incorporated in this Lease by reference. (B) The Certificate of Insurance must be sent to the Risk Manager prior to occupancy of and operations at the Premises. Lessee agrees to notify Lessor of any substantive change to its insurance coverage. (C) Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. The Risk Manager shall retain the right to annually review the amount and types of insurance maintained by Lessee, to require increased coverage limits, if reasonably 7 necessary in the interest of public health, safety, or welfare, and to decrease coverage, if so warranted. (D) in the event of any necessary increase, Lessee shall receive ninety (90) days written notice prior to the effective date of the requirement to obtain increased coverage. In the event alcoholic beverages are to be served or consumed on any Premises covered by this Lease, the Lessee shall additionally obtain or cause to be obtained alcoholic beverage liability insurance in the amount of one million dollars ($1,000,000.00) covering the event or time period when alcoholic beverages are to be served or consumed. (E) Lessee shall, prior to any addition or alteration to, in, on, or about the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by Section 6, as contained herein. (F) The City carries the property and flood insurance on the building. Lessee is responsible for insuring its own contents. Section 16. Indemnity. In consideration of allowing Lessee to use the Premises, Lessee ("Indemnitor") covenants to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees (collectively, "Indemnitees") from and against any and all liability, loss, damages, 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, premises defects, 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: (1) Lessee's performance pursuant to this Lease; (2) Lessee's use of the Premises and any and all activities associated therewith pursuant to this Lease; (3) the violation by Lessee, its officers, employees, agents, or representatives or by Indemnitees or any of them, of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, employees, agents, or representatives or of Indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act or omission is caused or is claimed to be caused by the contributing or concurrent negligence of Indemnitees, or any of them, but not if caused by the sole negligence of Indemnitees, or any of them, unmixed with the fault of any other person or entity and including all expenses of litigation, court costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. Lessee covenants and agrees that, if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding 8 commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with legal counsel satisfactory to City, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any said liability, injury, damage, loss, demand, claim or action. Such indemnity provisions contained in this Section 16 herein apply to the extent insurance (as approved by City in Section 15) may apply for protection of the City and Lessee. Section 17. Alterations. (A) Lessee agrees not to harm the Premises beyond normal wear and tear. B) All alterations, improvements, and additions made by the Lessee upon said Premises, which are permanent in nature, even if made at Lessee's own expense, shall, if not removed by Lessee at any termination or cancellation hereof, become the property of the City in fee simple without any other action or process of law. Lessee agrees to be contractually and financially responsible for repairing any and all damage caused by such removal. If items are installed in such a manner as to become fixtures, such fixtures shall not be removed by Lessee upon termination and shall become the property of the City. Section 18. Signs. (A) Lessee shall not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering ("Signs") at, on, or about the Premises, or any part thereof, without the Director's prior written approval. City may require Lessee to remove, repaint, or repair any Signs allowed. If Lessee does not remove, repaint, or repair the Signs within ten (10) days of Director's written demand, City may do or cause the work to be done, and Lessee will pay City's costs within thirty (30) days of receipt of Director's invoice. If payment is not timely made, the City may terminate this Lease upon ten (10) days written notice to Lessee. Alternatively, City may elect to terminate this Lease after ten (10) days written notice to Lessee. (B) Section 19. Sublease and Assignment. Lessee understands and agrees that Lessee shall not sublease the Premises or any part thereof without obtaining the prior written consent of the City. Lessee shall not, in whole or in part, assign or transfer directly or indirectly this Lease unless prior written approval has been obtained from the City. Written consent or approval shall not be unreasonably withheld by Lessor. Section 20. Default. 9 (A) The following constitute Events of Default under this Lease: failure to keep, perform, and observe any other promises, covenants and conditions contained in this Lease. (B) Upon the occurrence of any Event of Default, the City may, at its option, in addition to any other remedy or right given hereunder or by law, give notice to Lessee that this Lease terminates upon the date specified in the notice, which date will be no earlier than thirty (30) days after the giving of such notice. Section 21. No debts. Lessee shall not incur any debts or obligations on the credit of the City during the term of this Lease. Section 22. Notice. (A) All notices, demands, requests or replies provided for or permitted under this Lease by either party must be in writing and must be delivered by one of the following methods: (i) by personal delivery; or (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. (B) Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. (C) All these communications must only be made to the following: IF TO CITY: City of Corpus Christi Park and Recreation Department P. O. Box 9277 Corpus Christi, Texas 78469-9277 Attn: Director of Park and Recreation (D) IF TO LESSEE: Buccaneer Commission Attn: Executive Director P.O. Box 30404 Corpus Christi, TX 78463 Either party may change the address to which notice is sent by using a method set out above. Lessee shall notify the City of an address change within ten (10) days after the address is changed. Section 23. Nondiscrimination. Lessee covenants and agrees that it shall not unreasonably 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 Premises, on the grounds of race, religion, 10 national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take such action as the United States may direct to enforce this covenant. Section 24. Modifications. No changes or modifications to this Lease may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 25. Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays or failures 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. These delays or failures to perform shall extend the period of performance until these exigencies have been removed. Section 26. Surrender. Lessee acknowledges and understands that the lease of the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration, termination, or cancellation of this Lease, in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. Any reasonable costs incurred for repairs or corrections for which Lessee is responsible under this Lease are payable by Lessee to City as additional rental on the next rental payment date, or within 30 days written demand. Section 27. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, if required by the City Charter, in the legal section of the local newspaper. Section 28. Interpretation. This Lease will be interpreted according to the Texas laws that govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 28. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions hereof. 11 Section 29. Casualty. if the Premises become damaged due to weather event, fire, or other natural or man- made disaster, such that the Premises are not deemed safe for occupation by the City Building Official, and repairs are not completed within 30 days of the event of disaster, then either party may terminate this lease upon 30 days written notice to the other party, without penalty. Section 30. Removal of Property upon Termination. It is Lessee's responsibility to remove its personal property from the Premises prior to termination or expiration of the Lease. Lessee agrees that any of personal property remaining on the Premises after the termination or expiration of the Lease automatically becomes City property without any notice, action, or process of law, for disposition by the City as City deems appropriate in City Manager sole discretion, with no compensation to Lessee. Lessee shall be invoiced for City's costs to remove property from the Premises after termination or expiration of the Lease, and Lessee shall pay said invoice within thirty (30) days of receipt. Section 31. Entirety Clause. This Lease and the incorporated and attached exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be used in the operations. Section 32. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof 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 Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase or word hereof 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 Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be 12 possible and be legal, valid and enforceable, will be added to this Lease automatically by the Court construing such clause or provision to be invalid. EXECUTED IN DUPLICATE, each of which shall be considered an original, on the day of , 2017. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Margie C. Rose City Secretary City Manager LESSEE: BUCCA R COMMISSION By: Name: JOH1Vt'I 1NILIIPE � e4Es inf 6F'Q Title: Date: E 13 I Lot 3 APPROVED AS TO LEGAL FORM this day of , 2017. By: Lisa Aguilar Assistant City Attorney for City Attorney 13 EXHIBIT B INSURANCE LESSEE AND LESSE'S CONTRACTOR'S LIABILITY INSURANCE A. Lessee and Lessee's contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 13. Lessee and Lessee's Contractor must furnish to the City's Risk Manager and Director of Parks and Recreation Department, 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COL Project name and or number must be listed in Description Box of COL TYPE OF INSURANCE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements 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 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 WORKERS' COMPENSATION EMPLOYER'S LIABILITY Statutory $500,000 /$500,000 /$500,000 14 C. In the event of accidents of any kind related to this lease agreement, Lessee and Lesse's 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, Lessee and Lessee's 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 Lessee and Lessee's Contractor will be promptly met. B. Lessee and Lessee's Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee and Lessee's 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. Lessee and Lessee's Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change, Lessee and Lessee's Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Lessee and Lessee's Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 15 • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lessee and Lessee's Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee and Lessee's 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 Lessee and Lesseee's 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 Lessee and Lessee's Contractor to stop work hereunder, until Lessee and Lessee's Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee and Lessee's Contractor may be held responsible for payments of damages to persons or property resulting from Lessee and Lessee's Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Lessee and Lessee's 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 agreement. L It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. https. r..vvrr.go;rAlecom. maPs�=7,3091293,-9739610434Sm_data_:3m110 Tex Mex Railroad Depot 1823 Chaparral St. :ile Edit View Favorites Tool. Help Log In LaserficheForms Gateway Printing- ofFce... ;� Google iJ Parks&Recreation j1nfor Google Maps Facilities ManagementW... s vssoa We '5 '��a•' U J fes? Page Safety Tools .s x Mop data 22017 Gunk3n Ea nth view is not. avallaAfe Terms Send feedback 27ft City of Corpus Christi 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: STREET ADDRESS: P.O. BOX: ....Ott Ott y CITY: Cafw CH &% s rt STATE: }\" ZIP: � 4 G gUi CG/ t' rR (o,'csV FIRM IS: 1. Corporation 1K 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: Signature of Certifying Person: Title: Date: DEFINITIONS PAivM -Ct o \ led -) 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. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g• Tex Mex Railroad Depot 1823 Chaparral St. https google.com .r.xcs _.- '''91293,97 3961043,48, data= lang!le3 p -GC Google Maps o x . Frle Edit View Fasorites Tools Help Log In Laserfiche Forms Gateway Printing - office ... j Google Parks & Recreation OlInfor Google Maps Facilities Management W... - ® - - Page Safety . Tools �� » AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of January 24, 2017 Second Reading for the City Council Meeting of January 31, 2017 DATE: December 29, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, AICP, CFM, Assistant Director of Planning/ESI DanielMc@cctexas.com (361) 826-7011 Public Hearing and First Reading to adopt the proposed Mustang/Padre Area Development Plan CAPTION: Ordinance amending the Comprehensive Plan of the City of Corpus Christi by adopting the Mustang/Padre Island Area Development Plan; defining the City's Comprehensive Plan policies on Mustang and Padre Island for protection of the environment, land use, transportation, economic development, public services, capital improvements, and plan implementation; rescinding the Mustang/Padre Island Area Development Plan adopted by City Council Ordinance #025725, April 20, 2004; providing for severance; and providing for publication. PURPOSE: The current Mustang/Padre Area Development Plan (ADP) was adopted on April 20, 2004 as an element of the City's Comprehensive Plan. The Island Strategic Action Committee (ISAC), in 2016, adopted as a high priority the development of a plan update for the Mustang/Padre area. The ISAC formed a Planning Subcommittee to review and recommend revisions to the existing plan. The Padre Isles Property Owners Association and the Padre Island Business Association supported the planning process by providing funds for clerical work associated with drafting plan revisions/planning meetings, etc. BACKGROUND AND FINDINGS: Since the Mustang/Padre Island Area Development Plan was adopted over ten years ago there are many plan elements in need of revision. The proposed Mustang/Padre Island ADP still contains the same structure as the previous plan. Each section in the Plan, from the Introduction through Plan Implementation Section, has been reviewed with proposed revision input from the ISAC Subcommittee. On July 30, 2016, the Subcommittee held a public open house for citizens to review and discuss the plan. At the September 13, 2016, meeting of the Island Strategic Action Committee, the committee recommended that the updated plan be adopted by City Council. On September 20, 2016, the Chairman of the ISAC, advised City Council, during public comment that the updated Mustang/Padre Island Area Development Plan was ready for the formal Planning Commission public hearing/action and City Council public hearing and action. On December 14, 2016, the Planning Commission, as required by City Charter and state statute, conducted a public hearing to invite public comment on the proposed plan. The major goals and policies of the updated Plan address the following: • Encourage protection of coastal resources; • Encourage an expanded canal system for better water exchange; • Implement the Future Land Use map; • Encourage high quality well-planned development on the island; • Encourage the use of buffer zones around residential developments for compatible land use purposes; • Encourage the City to consider the long term "ultimate" street network to serve a fully developed plan area; • Revise the collector street system on Mustang Island where the State purchased land to expand Mustang Island State Park; • Encourage walking, cycling and golf carts as alternate forms of transportation; • Support emergency egress off the island, including a second crossing of the Laguna Madre; • Develop solutions to address access and traffic congestion on SH 361 and PK 22 and improve beach access; • Promote Economic development policies that address the need to encourage tourism and residential growth, which include: continued maintenance of the Packery Channel; and endorsement for the completion of the new bridge on Park Road 22; • Develop Public Services policies that stress the need to continue a high quality beach maintenance program, pursue park development funds, adopt stormwater master plan, and support for facility development related to water, wastewater and other infrastructure; • Identify Capital Improvements recommendations include the need to create a specific Beach Utilization Master Plan for all gulf beaches, additional boat ramps on Mustang and North Padre Island; improvement of unimproved but dedicated streets such as San Dollar, Tortugas and Palmira Avenue; and, • Create, where feasible, a Public Improvement District to finance capital improvements. ALTERNATIVES: 1. Denial of the proposed Mustang/Padre Island Area Development Plan with suggestions to Planning Commission and the Island Strategic Action Committee. 2. Adoption with changes per City Council. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed amendment conforms to City policy. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Island Strategic Action Committee — recommended approval on September 13, 2016 Development Services, Planning and ESI Administration Planning Commission — recommended approval on December 14, 2016 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: City staff recommends adoption of the proposed Mustang/Padre Area Development Plan LIST OF SUPPORTING DOCUMENTS: Presentation Ordinance with Proposed Plan Exhibit ORDINANCE AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF CORPUS CHRISTI BY ADOPTING THE MUSTANG/PADRE ISLAND AREA DEVELOPMENT PLAN; DEFINING THE CITY'S COMPREHENSIVE PLAN POLICIES ON MUSTANG AND PADRE ISLAND FOR PROTECTION OF THE ENVIRONMENT, LAND USE, TRANSPORTATION, ECONOMIC DEVELOPMENT, PUBLIC SERVICES, CAPITAL IMPROVEMENTS, AND PLAN IMPLEMENTATION; RESCINDING THE MUSTANG/PADRE ISLAND AREA DEVELOPMENT PLAN ADOPTED BY CITY COUNCIL ORDINANCE #025725, APRIL 20, 2004; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the adoption of the Mustang/Padre Island Area Development Plan, an element of the Comprehensive Plan of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 14, 2016, during a meeting of the Planning Commission, and on Tuesday, January 24, 2017, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and 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 Mustang/Padre Island Area Development Plan (a part of the Comprehensive Plan of the City of Corpus Christi, Texas), including the City's Comprehensive Plan policies on Mustang and Padre Island for protection of the Environment, Land Use, Transportation, Economic Development, Public Services, Capital Improvements, and Plan Implementation, and the Introduction, Policy Statements, Figures, Tables, and all other elements and parts of the Mustang/Padre Island Area Development Plan, are adopted by this ordinance as an integral part of the Comprehensive Plan to read as shown in Exhibit "A" attached to this ordinance and incorporated by reference. SECTION 2. That to the extent that the amendments made by this Ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this Ordinance. SECTION 3. That the Comprehensive Plan of the City of Corpus Christi, Texas, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remains in full force and effect. SECTION 4. That the Mustang/Padre Island Area Development Plan adopted by City Council Ordinance #025725, April 20, 2004, is hereby rescinded. SECTION 5. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 6. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision hereof shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: 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 , 2017, 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 , 2017. ATTEST: Rebecca Huerta City Secretary Dan McQueen Mayor Mustang/Padre Area Development Plan Adopted Month Day, 2017 Exhibit A of City Chnsti Mustang/Padre Island Area Development Plan Adopted Month and Day, 2017 Page i MUSTANG/PADRE AREA DEVELOPMENT PLAN Adopted by City Council Ordinance #025725, April 20, 2004; Amended by City Council Ordinance # , Month , 2017 The preparation of this document was financed in part by a Community Development Block Grant from the United States Department of Housing and Urban Development and a Metropolitan Planning Organization grant from the Federal Highway Administration. Michael T. Hunter At Large Joe McComb At Large Paulette Guajardo At Large Corpus Christi City Council 2017 Mayor Dan McQueen Carolyn Vaughn District 1 Ben Molina District 2 Lucy Rubio District 3 Greg Smith District 4 Rudy Garza District 5 Corpus Christi Planning Commission Philip Ramirez, Chairman Jeremy Baugh Heidi Hovda Carl Crull Mike Lippincott Frank Hastings Dan Dibble Eric Villarreal, Vice Chair Marsha Williams Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page ii Island Strategic Action Committee Brud Jones, III David Perry William Goldston Jodi Steen Alex Harris Libby Middleton Rick Sowash Carter L. Tate, CCIM Stan Huse Aaron B. Huffman Kathleen Pratt Charles I. Knoll Cheri Sperling Bryan Gully Paulette Kluge Jay Gardner Island Strategic Action Planning Subcommittee Libby Edwards Greg Smith William Goldston Maybeth Christensen Brud Jones Gabrielle Hilpold Rick Sowash JJ Hart Jodi Steen Carter L. Tate, CCIM Kendra Kinnison City Staff Margie Rose, City Manager Miles Risley, City Attorney Mark Van Vleck, Assistant City Manager Julio Dimas, Interim Development Services Director Daniel McGinn, CFM, AICP, Assistant Director of Planning/ESI Administration Kent Meek, Executive Assistant to ACM Annika Gunning, Senior Project Manager Jeremy Mecom, GIS IT Team Coordinator Bob Payne, AICP, Planning Consultant Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page iii Significant contributions to development of this Plan were also made by: Paul Schexnailder Gaye White David Pierce Nicole Davis Chemaine Koester David Perez Tommy Kurtz Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page iv Table of Contents INTRODUCTION 1 POPULATION 3 INCOME 5 HOUSING 5 CURRENT LAND USE 5 AREA DEVELOPMENT PLAN PLANNING PROCESS 8 STAKEHOLDER AND CITIZEN INPUT 9 A. ENVIRONMENT 10 B. LAND USE 13 OVERALL LAND USE PLAN POLICY STATEMENTS 13 ZAHN ROAD TO THE SOUTH CITY LIMITS 17 ZAHN ROAD TO NORTH CITY LIMITS 17 JOHN F. KENNEDY (JFK) CAUSEWAY AREA 18 C. TRANSPORTATION 19 BEACH ACCESS 24 EXISTING BEACH ACCESS 24 D. ECONOMIC DEVELOPMENT 27 E. PUBLIC SERVICES 33 PARKS & RECREATION 33 PUBLIC SAFETY 34 STREETS 34 STORMWATER SYSTEM 34 WATER AND WASTEWATER SYSTEMS 35 F. CAPITAL IMPROVEMENTS 36 PARK AND RECREATION 36 PUBLIC SAFETY 37 STREETS 37 STORMWATER 38 WATER AND WASTEWATER 38 G. PLAN IMPLEMENTATION 39 Figures Figure 1: Plan Boundaries 2 Figure 2: Corpus Christi Population 4 Figure 3: Mustang/Padre Island Population 4 Figure 4: Padre Island Existing Land Use 6 Figure 5: Mustang Island Existing Land Use 8 Figure 6: Future Land Use 14 Figure 7: Urban Transportation Plan (excerpt) 21 Figure 8: Bikeway Network (excerpt of City Network) 22 Figure 9: Removal of Proposed Collector West of SH 361 23 Figure 10: Packery Channel 29 Figure 11: Padre Island Tax Increment Financing District 30 Figure 12: Packery Channel Enhancements 32 Appendix Appendix 1: Island Overlay .42 Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page v EXECUTIVE SUMMARY This updated 2017 Mustang -Padre Island Area Development Plan contains the following recommendations: ENVIRONMENT Encourage protection of the coastal resources; Encourage an expanded canal system for better water exchange; and Maintain Packery Channel. LAND USE Implement the Corpus Christi Padre -Mustang Island Future Land Use Map; Encourage well-planned development; Encourage additional beach access roads and nearby public parking; and Encourage buffer zones around residential developments. TRANSPORTATION Amend the Corpus Christi Urban Transportation Plan to an "ultimate" street network to serve a fully developed plan area; Delete a collector street west of SH 361 and north of Mustang Island State Park; The City's Access Management study will examine the impact of traffic flow on Sand Dollar, currently a paper street; Encourage walking, cycling and golf carts as alternate forms of transportation; Encourage sufficient long-term emergency egress off the islands, including a second crossing of the Laguna Madre; Develop solutions to address access and traffic congestion along SH 361 and PR22; and Improve beach access. ECONOMIC DEVELOPMENT The beach is a major driver in tourism and residential development for the area; Continue to support tourism and residential growth, including retirement growth; Packery Channel offers passage to the Gulf and is a resource of sand for beach maintenance. The channel is and must continue to be maintained via the TIRZ #2; and The PR 22 Bridge nearing construction will stimulate retail development and enhance water exchange into Padre Isles. Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page vi PUBLIC SERVICES Ensure sufficient funding for beach operations, maintenance and sustainable access through various sources; Pursue funding for park development; Develop a specific Beach Utilization Master Plan; Encourage festival sites on the islands for large events; Develop additional boat ramps; Develop a multi -use meeting facility; Provide adequate public safety facilities on the Islands; Establish a plan for street maintenance; Adopt a Stormwater Master Plan for the Islands; Continue to place a high priority on providing an adequate water supply to the Islands to support rapid growth; Support and facilitate a public improvement district to provide water, wastewater and other public infrastructure for development of unpaved streets; The City will continue to use effluent from the Whitecap Wastewater Treatment Plant to benefit the Islands; and Continue to work with the Nueces County Water Improvement District to ensure adequate services in the district. CAPITAL IMPROVEMENTS Establish continuous funding sources and foster multiple partnerships for ongoing capital improvements on the islands. Parks and Recreation: Create a Specific Beach Utilization Master Plan for all Gulf Beaches, Packery Channel, and shoreline areas adjacent to the Laguna Madre and Corpus Christi Bay; Create new boat ramps on Mustang Island, Kleberg County and other viable alternatives; and Billish Park is currently being upgraded. All other parks need improvements. Public Services: Facilitate improvements for alternative modes of transportation including along SPID and at major intersections; Landscaping and alternative transportation modes should be constructed in the public rights- of-way on major streets; Improve Sand Dollar, Tortugas, Palmira and other dedicated but unimproved streets; Adopt a Stormwater Master Plan for the Islands; and Establish a public improvement district to finance the construction of infrastructure to platted properties along SPID. Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page vii PLAN MISSION STATEMENT The ultimate goal of this plan is to guide the transformation of the Mustang/Padre Island area into a world-renowned tourist, resort and residential community. The City will encourage the highest development standards within the area's boundaries to create a unique "sense of place." Economic development and growth will be tempered with common sense and environmental sensitivity to the significant coastal natural resources on the Islands. Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 1 Mustang/Padre Island Area Development Plan INTRODUCTION The City of Corpus Christi envisions Mustang/Padre Island as a regional, national, and international resort destination. The recreational amenities, leisure and resort facilities, and residential communities will be among the finest along the entire Gulf Coast. Moreover, the recreational opportunities will appeal to a broad socioeconomic range of clientele, allowing all to enjoy what Mustang/Padre Island has to offer. Whether for sport fishing, beach combing, wind and kite surfing or rest and relaxation, visitors will want to return again and again. The character of the residential neighborhoods will attract new residents who appreciate what the area has to offer. Visitors and residents alike will come to appreciate the unique sense of place created through requiring the highest quality of development. This vision will make Mustang/Padre Island a preeminent destination of the Gulf Coast and a brilliant asset to our sparkling city. The City Charter mandates the Corpus Christi Comprehensive Plan. The Charter requires the City Council to "... establish comprehensive planning as a continuous governmental function to guide, regulate, and manage future development . . . "and that " . . . all city improvements, ordinances, and regulations shall be consistent with the Comprehensive Plan . . . ". The Comprehensive Plan is comprised of various plan elements such as Policy Statements, Area Development Plans (ADP's), Capital Improvement Programs, and Master Utility Plans. The comprehensive planning process is a means for citizens and community leaders to guide community development. The Comprehensive Plan, by definition, is general, long range, and broad in scope. Its purpose is to guide the City in policy formulation and in the implementation of strategies related to population, housing, environment, land use, transportation, annexation, economic development and public services. As part of the planning process, planning staff developed the Mustang/Padre Island Area Development Plan Issues Report based upon the input of the Mustang/Padre Island Stakeholders Group. This document was used to identify the important issues related to the ADP. The Mustang/Padre Island Area is located in the easternmost part of the City, offshore from the mainland. The Plan area is bounded by Port Aransas on the north, the Gulf of Mexico on the east, Padre Island National Seashore on the south and the Laguna Madre and Corpus Christi Bay to the west. The area also includes the John F. Kennedy Causeway. (See Figure 1 - Boundary Map.) Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 2 Figure 1: Plan Boundaries Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 3 The principle objectives of this plan are as follows: 1) To recognize the unique characteristics of this area and establish policies for development standards that may not apply citywide. 2) To recognize the regional economic significance of this area and develop policies that advocate responsible economic development strategies. 3) To propose techniques or methods by which the environmentally sensitive areas must be preserved and/or developed with minimal adverse impacts. 4) To propose appropriate land uses and a corresponding transportation network to serve future land uses and public access to the Gulf beaches. 5) To facilitate infrastructure planning through a reasonable estimate of future land use. DEMOGRAPHIC CHARACTERISTICS (U.S. Census Bureau) POPULATION This area is the one of the fastest growing areas in the City. Figures 2 and 3 illustrate population growth in Corpus Christi as a whole and within the Mustang/Padre Island Area. These figures include actual census counts projections through 2050. Area population growth is significantly influenced by land availability and density of development. Being an island, with significant amounts of natural resources, land availability is limited. A comparison of population between the City and the Island (Figures 2 and 3) indicates that the rate of growth on the island has been much faster than the City as a whole and is expected to continue to at least 2050.The historical growth rate over the last 20 years has been about 1% per year for the City while the growth rate for the island has been about 10% per year. With the construction of Packery Channel and the opening of Schlitterbahn Water Park, development is expected to rise sharply through the next 20 — 30 years. Over the next 20 years much of the vacant areas on North Padre and Mustang Island will fill-in, such as the undeveloped portions of Padre Isles west of Schlitterbahn/Aquarius Drive, the Lake Padre area and land along the seawall. South of Padre Isles is the "Jones Tract" which contains about 1,200 acres of private undeveloped land, nearly as large an area as Padre Isles. The anticipated increase in development is primarily due to the overall economic growth in the State, as well as planned future amenities on the Islands. The demographic makeup of the Mustang/Padre Island Area is not consistent with that of Corpus Christi. Within the area, about 70% of the population is in the 21 — 64 year age group. Meanwhile, the City has about 60% of the population in the same age group. The 0 — 20 year age group makes up about 15% of the Mustang/Padre population, as compared to about 29% for Corpus Christi's population. This is indicative of the area's status as a resort community. The bulk of the population is working age adults, with fewer children than the remainder of the City. Also, there is a slightly higher percentage of retirement age (65+) individuals within the area (17%) than the rest of the City (12%). The proportion of households with children citywide is about 36%. Meanwhile, within the area, only about 17% of households have children. Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 4 CORPUS CHRISTI POPULATION 204,525 231,999 257,453 277,454 304,895 332,336 359,777 387,218 414,659 1 1970 1980 1990 2000 2010 2020 2030 2040 2050 Figure 2: Corpus Christi Population MUSTANG/PADRE ISLAND POPULATION 2,941 6,444 9,235 14,444 18,444 1970 1980 1990 2000 2010 2020 2030 2040 2050 Figure 3: Mustang/Padre Island Population Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 5 EDUCATION Educational attainment for individuals age 25 and over differs greatly between the area and Corpus Christi. Citywide, about 15% lack a high school diploma or equivalent. That statistic is about 5% for the area. About 54% of Mustang/Padre residents have a bachelor's degree or higher. In contrast, only about 21% of Corpus Christi residents have a bachelor's degree or higher. INCOME Median household income in the area is significantly higher and the poverty level is significantly lower than the remainder of the City. The median household income in Mustang/Padre is about $95,871, while that of Corpus Christi is about $49,675. Also, less than 5% of households in the area live below the poverty level, as compared to the City's 13%. HOUSING According to the 2014 American Community Survey, 10.5% of the total housing units citywide were vacant. For the island, 34.7% of the total housing units were vacant. This is largely due to the preponderance of seasonal housing units in the Mustang/Padre Area. While a figure for seasonal housing units is not provided in the 2014 ACS, the 2010 Census did show that 23.6% of the total housing on the island is for seasonal, recreational, or occasional use. This information suggests that vacancy rates on the island are typical of the city's vacancy rate. There is a significant difference in median home values between citywide values and Mustang/Padre Island. Citywide median home values (Texas A&M Real Estate Center) have increased from $155,169 in 2011 to 195,275 in 2015, or a 27% increase. The American Community Survey shows that the island census tract had a median home value of $284,900 in 2011. Assuming a 27% increase the median value of a home on the island is likely to be at least $360,000 or higher. The difference in price goes back to that old real estate phrase "location, location, location" and the favored value of living on the gulf coast. CURRENT LAND USE Figures 4 and 5 illustrate the existing land uses on the Island and Table 1 provides a break down for land use acreages by category. For the first time, the city can also track land use changes between 2004 and 2016. The total study 2016 area contains 27,751 acres which is slightly less compared with the 2004 Plan as less water area has been included in the plan boundary. The Low Density Residential uses have experienced an increase of over 50% since 2004. The Medium Density Residential use category has also expanded, however a portion (about 13 acres) of that expansion is due to a reclassification of High Density uses to Medium Density since 2004. Clearly, the Park category is far and away the biggest use of land on the island with over 16,000 acres reserved for park or recreation uses. The reduction in Park land of several hundred acres since 2004 is the conversion of the Padre Isles Golf Course to the commercial use category, i.e., Schlitterbahn Development. As expected the vacant land use was reduced slightly due to new development but still contains approximately 20% of the total land in the study area. Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 6 Laguna Madre Corpus Christi Bay Guff of Mexico 0.5 1 EXISTING LAND USE Agriculture Water M Cons/Pres —1 Drainage Corridor CI -Railroad Right -of --Way Vacant —1 Estate Res Low Density Res Medium Density Res - High Density Res Mobile Horne I. Park - Public/Semi-Puttc , 1 Professional Office Commercial Light Industrial - Heavy Industrial 2 Miles Figure 4: Padre Island Existing Land Use Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 7 xi+wo tea IAN -1•6+ Aramihrr %11 Cdrokflm [I — tn *601-0,04,—UMW oaxma, P400012400,41 4.461 e a„Noigsliwaftic wile.0100roftli• MI commons Figure 5: Mustang Island Existing Land Use Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 8 Table 1: Existing Land Use Existing Land Use 2004 0�0 2016 Low Density Residential Medium Density High Density Residential Mobile Homes Professional Office Commercial Light Industrial Heavy Industrial Park Public Semi Public Right -of -Way V acant/Agriculture Water/Wetlands/Beach 440 1.6% 680 2.5% 84 0.3% 161 0.6% 105 0.4% 87 0.3% 1 0.0% 0 0.0% 4 0.0% 6 0.0% 107 0.4% 335 1.2% 5 0.0% 1 0.0% 0 0.0% 104 0.4% 16,118 58.1% 16,058 57.9% 66 0.2% 57 0.2% 754 2.7% 822 3.0% 5,973 21.5% 5,346 19.3% 4,094 14.8% 4,094 14.8% 27,751 100.0% 27,751 100.0% Note: Acreages for the 2016 Existing Land Uses have been adjusted to match the 2014 plan boundary. The Figure 1, 2016 Study Area Boundary Map includes a larger water area that has not been included in the above table so that land acreage development could be compared. The Conservation/Preservation category has been combined with Water/Wetlands/Beach and the Estate Residential category has been combined with Low Density Residential. For this plan a calculation for the area of the Gulf Beach, measured from the Line of Vegetation seaward to Mean High Tide, was estimated to be 445 acres. AREA DEVELOPMENT PLAN PLANNING PROCESS The purpose of the 2016 planning process for the Mustang/Padre Island Plan was to update the existing plan rather than create a whole new plan. The City has committed to budget funds in 2017 for the creation of a new Plan. One of the major recommendations of the 2004 Mustang/Padre Island Plan was to create a neighborhood committee to help shepherd the implementation of the adopted plan. Shortly after Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 9 adoption of the 2004 Plan, City Council established the Island Strategic Action Committee which has taken a leading role in this plan update. The planning process for the Mustang/Padre Island Area Development Plan consists of the following steps: 1. The Creation of an Island Strategic Action (ISAC) subcommittee to work with City Staff and Stakeholders to formulate an update to the Plan. 2. The ISAC ADP Subcommittee formulates planning process and schedule for plan update and begins inventory of land use, infrastructure, etc. 3. Subcommittee, which includes Staff and Stakeholders identifies island issues to be addressed in the plan. 4. Subcommittee drafts the Plan updated to address issues of concern. 5. ISAC presents draft Plan to Islands Stakeholder Group for review and comment. 6. Subcommittee revises draft Plan based on Stakeholder Group input. 7. Subcommittee presents the revised draft Plan to the ISAC and ISAC recommends a revised plan for City Council Adoption. 8. The revised draft Plan is presented to Planning Commission for public hearing input. The Planning Commission revises the plan if necessary and then recommends City Council approval of revised draft Plan. 9. The revised draft Plan is presented to City Council for public hearing input. The draft Plan is revised, if necessary, based on recommendation by City Council and Plan is approved. STAKEHOLDER AND CITIZEN INPUT A primary goal of the planning process is to obtain input from citizens interested in the Mustang/Padre Island Area and from stakeholder groups. Stakeholder groups and professions that have been involved in the planning process include: o Padre Isles Owners Association o Padre Island Business Association o Corpus Christi Chamber of Commerce o Corpus Christi Regional Transportation Authority o Convention and Visitors Bureau o Corpus Christi Metropolitan Planning Organization o Water Shore Advisory Committee o Architects o Engineers o Real Estate Professionals o Nueces County o Business Owners o Property Owners o Residents o City Staff e.g., Engineering Services, Park and Recreation, Marina, Public Works (Utilities), and Development Services. Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 10 A. ENVIRONMENT Preservation and protection of the Islands' ecology is critical to the public health, safety and welfare of the Corpus Christi community and entire region. The Islands' ecology, including the Gulf beach, dunes complex, and wetlands areas, provides significant benefits to the rest of the region. It is a well-known fact that the Islands' beaches and dunes complex provides the first line of defense to the mainland from hurricane storm surges. The Islands' wetlands and estuaries provide an aquatic environment to support many species of fish and shellfish for sport and commercial fishing. In addition, the unique beauty and recreational opportunities of the Islands, specifically the beach areas, benefit the local and regional economy significantly. Tourism studies have shown that the Gulf beaches are the number one tourist attraction to the Corpus Christi area by visitors from both inside and outside of the State. In order to balance the need to protect the coastal natural resources of the Islands and to promote economic development on the Islands, the following recommendations are proposed. Some of the recommendations are being implemented by other governmental agencies, i.e. U. S. Army Corps of Engineers, Nueces County, State of Texas, etc. The Plan recommendations are intended to assure City support and are not intended to substitute or establish an overlap or duplication of authority. POLICY STATEMENT A.1 Gulf beaches between mean low tide and the line of vegetation must contain no structures or improvements except erosion control measures and limited public recreational structures that support public access, including, but not limited to, life guard towers, fishing/surfing piers, open- air public showers, portable restrooms and traffic control devices. POLICY STATEMENT A.2 Due to the complexity of the Islands development and the need to protect environmentally sensitive areas, the City recommends an interdisciplinary site plan review process for all commercial and multi -family residential development on the Islands, in conjunction with the issuance of building permits. All projects on the Islands shall be compliant with all local, State and Federal requirements and executed in accordance with best practices. POLICY STATEMENT A.3 Mustang and Padre Islands will not be considered for sanitary landfills or other solid waste disposal, except for dredge materials. POLICY STATEMENT A.4 The design and use of naturally regenerating systems for prevention and control of beach dune erosion are encouraged and preferred over bulkheads and other hard structures provided the protection system is a reasonable solution to the site where it is proposed. Regenerating systems include, but are not limited to: A) Beach nourishment; Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 11 B) Adapted beach management practices; C) Planting with short-term mechanical assistance, when appropriate; and D) Any other method consistent with the recommendations of the Texas General Land Office's Dune Protection and Improvement Manual for the Texas Gulf Coast. POLICY STATEMENT A.5 The City will encourage the protection of sensitive wildlife habitats and the Islands' environment by considering innovative design techniques, implementation of incentives for developers and allowing higher than typical development density in uplands where practical. It is not the intent of this plan to initiate requirements for protection of non jurisdictional wetlands. The City encourages any developer to voluntarily preserve the existing natural environment by concentrating the total number of units allowed, based on gross acreage (including wetlands) into a multi -story building or buildings. This "cluster development" results in large setbacks, buffer zones, reduced infrastructure costs and more permanent open space. POLICY STATEMENT A.6 The City should develop a revision to the landscape requirements in the Zoning Ordinance to create an indigenous species and wetlands allowance for landscaping on the barrier islands. New development may incorporate natural wetlands and vegetation to partially satisfy landscape requirements where such features can meet the screening performance criteria. POLICY STATEMENT A.7 Encourage development of an expanded canal system, including the bridge on SPID, to connect Lake Padre/Packery Channel with the existing Padre Isles Subdivision. The expanded canal system is consistent with proposed developer plans and would benefit Padre Island in several ways as follows: A) Improve canal system water quality in Padre Isles; B) Improve surface drainage along SPID, i.e. a canal system parallel to SPID could provide outfalls for storm drainage along the roadway; C) Provide a convenient water transportation system for small watercraft between the Padre Isles residential area and future commercial development in Lake Padre/Packery Channel POLICY STATEMENT A.8 Development should be consistent with the Joint Erosion Response Plan for Nueces County and the City of Corpus Christi. POLICY STATEMENT A.9 The City will continue streamlining the process for permitting. POLICY STATEMENT A.10 Encourage use of native coastal plant species and discourage the use of invasive species. POLICY STATEMENT A.11 Encourage development of future expanded canal systems on North Padre Island and Mustang Island. Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 12 POLICY STATEMENT A.12 Continue ongoing maintenance of the Packery Channel as it is a valuable resource for material to re -nourish the beach. Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 13 B. LAND USE OVERALL LAND USE PLAN POLICY STATEMENTS PLAN STATEMENT B.1 The City's adopted citywide Future Land Use Plan map is a guide for future land use decisions concerning zoning, capital improvements and any land disturbing activity in the City and the Extraterritorial Jurisdiction. An excerpt from the Citywide Future Land Use map for the Mustang/Padre Island Area is shown on Figure 6 .1 For the Mustang/Padre Island area the intent of the Future Land Use Plan is to support environmentally sound, high-density tourist related growth, medium density mixed uses and the growing permanent residential neighborhood on the Islands. The plan provides for a compatible configuration of activities with emphasis on the protection of residential lifestyle from incompatible activities, the placement of commercial activity at locations with good access and high visibility, and the identification of environmentally sensitive areas that should be protected. POLICY STATEMENT B.2 Tourist oriented business and development will continue to be encouraged and promoted by all agencies of the City as illustrated on the Future Land Use Map. This includes commercial ventures, condominiums and resorts, fishing and outdoor recreation facilities, and recreational vehicle parks outside the current Island Overlay (See Appendix A). POLICY STATEMENT B.3 Development that is visible from designated arterial thoroughfares must have a well-planned urban design theme creating a sense of place, enhancing the visitor experience and the overall quality of life. POLICY STATEMENT B.4 To create a unique sense of place, the Islands' landscape requirements for street yards adjacent to SPID and SH361 will be of a higher standard than is typically required elsewhere in the City. Variances, special permits, or other means to reduce the landscaping requirements for development in this Plan Area will be discouraged. POLICY STATEMENT B.5 Signage requirements should promote a coordinated and cohesive design and reinforce a desirable identity of the Islands. POLICY STATEMENT B.6 Encourage placement of public art on roadway medians and other public or private properties. 1 The Future Land Use Plan contained in this ADP may be generalized and incorporated into the City's Citywide Future Land Use Plan. If there is any conflict between the Future Land Use in this ADP and the City's generalized Future Land Use Plan, then ADP Future Land Use shall supersede. Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 14 Mixed Use Planned Development Commercial Government Institutional Low Density Residential Medium Density Residential High Density Residential Transportation Permanent Open Space Flood Plain Conservation Water Planning District Figure 6: Future Land Use Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 15 POLICY STATEMENT B.7 The designation of "Mixed Use" in the Future Land Use Plan expresses the City's desire to mix residential and non-residential uses. Development objectives for the Mixed Use categories are to incorporate the latest design innovations, the highest quality construction, integrated land uses, a safe and efficient transportation network, and pedestrian, golf cart and bicycle amenities. A "Mixed Use" area should be developed using a PUD zoning district or other equivalent zoning category. A) Mixed use/residential -A high percentage of land designated for Mixed Use Residential should be developed for residential purposes. Low density neighborhood -serving businesses may also be appropriate (no more than 10% of the area). Clustering of development density with large setbacks or permanent reserves of open space may also be acceptable in combination with high density uses, provided high density uses are integrated into the surrounding neighborhood and any negative impacts are eliminated or mitigated. B) Mixed use/tourist - The mixed use tourist land use is characterized by high density residential and high density business uses. High density business uses may range in character between either serving the region or be targeted to the island population. Uses may include bed and breakfasts, hotels, condominiums, marinas/vessel repair and maintenance, convention facilities, ancillary commercial uses, etc., along SPID, SH361, seawall and Gulf of Mexico. POLICY STATEMENT B.8 Work to create a conveniently located permanent Islands visitor center. POLICY STATEMENT B.9 he City will continue to protect residential neighborhoods from encroachment of non-residential uses by requiring non-residential uses to mitigate any negative effects on adjacent neighborhoods. POLICY STATEMENT B.10 Industrial uses and sexually oriented uses are incompatible with and may threaten residential land uses, the natural environment and the family tourist orientation of the Islands. Oil and gas exploration and production is exempted from this policy, where allowed by law, provided all pertinent requirements are met. POLICY STATEMENT B.11 Manufactured homes are prohibited on the Islands. POLICY STATEMENT B.12 Utility lines will be placed underground, where practical, and will minimize disturbance of wetlands, dunes, or other sensitive habitats and wildlife. This will improve the aesthetics of the area and improve public safety, particularly in times of weather emergencies. A) The installation of new electrical, telephone or other utility lines, where practical, along expressways, arterials, and collector streets, or the substantial expansion of existing Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 16 electrical, telephone, or other utility lines along these roadways should be accomplished underground or underwater, where practical. B) Existing utility lines are to be relocated underground wherever practical, as the City and/or State undertake street or highway projects or when a utility company replaces overhead utility lines. POLICY STATEMENT B.13 To insure compatibility of energy production activities and tourist -oriented development, the City will develop design compatibility guidelines and require new oil and gas producers to conform to these standards. Development plans for extraction or support facilities will undergo site plan review and inspection for compliance and appropriate screening will be required. POLICY STATEMENT B.14 The City, County and State will work together to promote public parking areas in proximity to public beaches. POLICY STATEMENT B.15 ISAC (Island Strategic Action Committee) will be notified of all zoning and re -zoning cases that come before the City regarding the Islands at the time of public notification. POLICY STATEMENT B.16 Vehicular access along the Gulf beach shall not be restricted unless necessary for public safety. POLICY STATEMENTS FOR THE PUBLICLY OWNED LAND IN THE CITY'S FIVE MILE EXTRATERRITORIAL JURISDICTION LOCATED IN KLEBERG COUNTY SOUTH OF THE CITY LIMITS POLICY STATEMENT B.17 This area is publicly owned by Nueces County or is within the Padre Island National Seashore. Currently, the land is undeveloped with only a few oil and gas extraction activities on the property. Regarding development in this area, the following policies apply: A) This area must be preserved as an area of natural coastal habitat while providing for increased public access to the Gulf beaches and the Laguna Madre Shorelines. B) Any use or development of the land or a portion thereof must have a significant beneficial impact on the region or the State. C) Potential uses for this area include: Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 17 1) Beach and Laguna access roads at a spacing of approximately 2 miles apart (current spacing is 8 miles) are critically needed for emergency vehicle and enhanced public access. 2) Camping, fishing, hiking and general recreation. POLICY STATEMENTS FOR THE AREA FROM ZAHN ROAD TO THE SOUTH CITY LIMITS POLICY STATEMENT B.18 Commercial proposals providing substantial acreage and planned commercial clusters are encouraged in large developments of substantial acreage. POLICY STATEMENT B.19 Low and medium density mixed use tourist facilities will be encouraged. High density mixed use locations will be planned to accommodate ingress/egress in neighborhoods. POLICY STATEMENTS FOR THE AREA FROM ZAHN ROAD TO NORTH CITY LIMITS POLICY STATEMENT B.20 Buffer zones will be encouraged next to single and multi -family residential areas from Mustang Island State Park to the north city limits. POLICY STATEMENT B.21 North of the Mustang Island State Park on the Gulf side of SH361 high-density tourist oriented development will be encouraged. POLICY STATEMENT B.22 The area located on the west side of SH361 is planned for residential mixed uses and conservation/State Park. Large portions of this area are composed of low-lying wetlands. Due to the sensitive nature of these lands and because the area does not have direct access to the Gulf, a maximum overall residential density of 12 units per acre will be allowed. Cluster -type developments will be encouraged through the use of incentives and are preferred over traditional residential development patterns. Commercial uses at intersections with collectors along SH361 are appropriate. POLICY STATEMENT B.23 High quality planned commercial uses at the intersection of collector streets are encouraged. Strip commercial development will be prohibited along SH361, unless access management techniques are provided (marginal access, shared driveways, etc.). Access management will enhance public safety and the traffic capacity of SH361. Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 18 POLICY STATEMENT B.24 City and county will pursue construction of a public -access boat ramp and associated amenities at Wilsons Cut. POLICY STATEMENTS FOR THE JOHN F. KENNEDY (JFK) CAUSEWAY AREA POLICY STATEMENT B.25 Regarding development in this area, the following policies apply: A) The bait and fishing stands located along the John F. Kennedy (JFK) Causeway are at the primary entrance to the Islands and are among the first sights visitors see of the Islands. The City will place a high priority on the visual enhancement of this area. B) Paved parking and structural improvements will be required. C) The City will encourage efforts to beautify, enhance, preserve and protect the area. D) The entrance to the Islands should be enhanced by using prominent signage or another type of structure. Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 19 C. TRANSPORTATION POLICY STATEMENT C.1 The City Council adopts the Urban Transportation Plan, which is part of MobilityCC, the Mobility Element of the City's Comprehensive Plan to guide future transportation decisions. The transportation section of this Area Development Plan recommends amendments to the Corpus Christi Urban Transportation Plan recommendations are based on the "ultimate" street network necessary to serve a fully developed plan area. Unless otherwise specified or where not feasible, all streets are recommended to contain sidewalk, curb, gutter and underground drainage. This transportation section recommends amendments to the Urban Transportation Plan map and to the Bikeway Plan as follows: A) Sand Dollar is currently a paper street; the City should evaluate the need for Sand Dollar Street and potential impact the street could have on relieving traffic congestion. The proposed collector streets on the Islands are conceptually located and some alignments may change depending on efficient and functional alternatives presented by the property owner at the time of development. B) Integrate the bikeway system with the new bridge and water exchange being developed on Park Road 22 and SH 361 and Whitecap Boulevard. The vision for the bridge is to provide water access from the neighborhood in Padre Isles to Lake Padre, to create better water quality in the Padre Isles canal system and to connect the Padre Isles residential neighborhood with the Lake Padre area. C) The area immediately west of SH 361 and Beach Access Road 2 has been acquired by Mustang Island State Park, and therefore the proposed collector street located on the west side of SH 361 between Beach Access Road 2 and Seaway Drive extended should be removed from the Urban Transportation Plan. See Figure 9. POLICY STATEMENT C.2 The City will encourage implementation of the pedestrian and bicycle amenities as prescribed in the MPO's Strategic Plan for Active Mobility Phase I: Bicycle Mobility (completed 2016) and Phase II: Pedestrian Mobility (under development 2016) Figure K1. These plans are intended to foster cycling and walking as safe and viable transportation alternatives to enhance access to essential goods and services for all residents and visitors in our community. Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 20 POLICY STATEMENT C.3 The City, in coordination with the Federal, State and County governments, will prioritize a long- term emergency action plan for maintaining sufficient emergency egress from the Islands, which will include a second crossing of the Laguna Madre. POLICY STATEMENT C.4 SH361 and SPID are the emergency access roads on and off the Islands. All future modifications to these roads and new collector streets and modifications to existing collector streets within 500feet of SPID shall be designed to assure that low elevations in these roadways do not critically limit evacuation of the Islands. The City will conduct a study to evaluate flooding on PR22. POLICY STATEMENT C.5 A high priority will be placed on transportation improvements, including the PR22 bridge, that will directly benefit the local tourist industry and are multi -modal, i.e. accommodate transit and active (non -vehicular) modes of mobility. Future canal systems should accommodate multi -modal means of transportation where possible with emphasis placed on multi -modal accessibility. POLICY STATEMENT C.6 Encourage a second crossing of the Laguna Madre, as included in Segment A of the seven segment Regional Parkway Mobility Corridor project, as described in a 2013 Feasibility Study and a 2016 Planning and Environmental Linkages study. Recognition of the potential need for an alternative crossing is documented in studies from the 1980s and 1990s, including the South Loop Transportation Study (1999). Segment A would be intended to: A) Provide secondary emergency evacuation route from Mustang and Padre Islands. B) Serve the growing residential population on the south side of Corpus Christi and facilitate regional mobility and connectivity. C) Alleviate mounting congestion and operational/safety issues on the SH358 corridor Exhibit A • Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 21 Delete Collector Street Segment — See Figure 9. Conduct a Traffic Study to determine if Sand Dollar Street is needed. (3131 a• • o;04. coo 22 4 a • ,5 Urban Transportation Legend Street Type & Required Right -of -Way Urban Streets Design Feature No. of Lanes Existing Proposed Cclecmrs 01 266 2 021551 Cunt LT 3 — — — C3175' 4 • • w Parieays'Gulf Beach Access P1130. Bikeway 2 0 0 Ce Gill Beach ■ ■ ■ PA%0' Beach Parting Arterials 511951 Cont. LT 5 521 IW' Medan 531130' Meehan B • • • Rural Streets Arterials RA11125' Cunt LIT 2 RA211Ti5' Median 5 RA3 r 200' d Freewayi Etpressways Fl tea Bartter 4-10 Proposed Interchanges Existing Full interchange WfRamps • Grade Separation W/0 Ramps • Paired Interchange Wfa Ramps Q Transit Stations or Park & Ride Lois AL INTERSTATE HWY 7 STATE HWY Runway 0 Railroad 11S HWY FN 615 2444 Note: Undesignated Collectors wio an alphalnumerio eferenne classifica5on are designated as C1 and have 2 lanes with do' right-of-way. Local street classification are not reflected on this map. Dashed Lines indicate where additional Right of Way is needed- Refer totext for details. Note: Wherea street is designated as a Bikeway on the Transportation Plan additional street widerrdrg maybe requited. Figure 7: Urban Transportation Plan (excerpt) V Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 22 I4 IifU3ERllRIME Iw SuaMyR� 4 13 taa� N� r�•1 0 IIVI STRAME 12 Kl 11.1AU.STIU CTURE .0013LPilli ME,/ YUMA AT) Figure 8: Bikeway Network (excerpt of City Network) Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 23 e 1r -f a art1 s/ 04,10 1 t, ar - irk ance s Collector Segment Deleted from the Urban Transportation plan Seaw.r Dnvr EA, to Bosch Access Road 2 Figure 9: Removal of Proposed Collector West of SH 361 POLICY STATEMENT C.7 For public safety and to protect roadway capacity on SPID and SH361, future development will require access management controls, i.e. shared driveways, interconnected parking, etc. Implementation of the recommendations derived from the 2016 Padre Island Access and Mobility Study should be prioritized. POLICY STATEMENT C.8 Encourage working with the appropriate agencies to develop a solution for traffic congestion at PR22 and SH361interection and access road. POLICY STATEMENT C.9 The City will continue to work with private landowners, TxDOT and the Texas General Land Office to identify potential beach accesses and get them constructed (i.e. Access 2A, 2B and 3A). The City will also continue to maintain these access roads for the benefit of the public. The access roads should be re -named to correspond with their adjacent mile marker. Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 24 POLICY STATEMENT C.10 The City will pursue grants, capital improvement programming, hotel/motel tax revenue and other sources of funding for acquisition and improvement of public beach access. BEACH ACCESS PURPOSE AND SCOPE The purpose of this section is to preserve and enhance the public's right to use and have access to and from the public beach and to support standards certifying construction on land adjacent to the Gulf of Mexico is consistent with such public rights. The geographic scope of the City's jurisdiction for beach access includes all areas within the City's corporate limits and its extraterritorial jurisdiction on the Islands located between the Gulf beach and the closest paralleling public roadway or 1,000 feet, whichever is greater. In addition, the City is authorized to regulate the platting of property and to annex properties within the City's extraterritorial jurisdiction. Two areas are exempted by the GLO rules from local beachfront construction certification requirements. These exempted areas are the Mustang Island State Park and the Padre Island National Seashore. The City is requesting County, State and Federal agencies controlling beachfront property provide enhanced access and parking facilities. In addition, certain uses and development such as oil and gas exploration and livestock grazing are exempted from the requirements of a dune protection permit, but not a Beachfront Construction Certificate (BCC). Shoreline areas experiencing erosion are of particular concern, as any structures located adjacent to these areas will be at the highest risk of damage in the shortest time period. Under rules established by the GLO, which are applicable to both beach access and dune protection review procedures, construction in the eroding areas must be responsive to the risk of erosion in the future. An erosion area boundary has been identified through utilizing erosion data provided by the Bureau of Economic Geology. This boundary projects potential erosion 50 years into the future. Additional construction standards will apply within this area. These standards are included within the Nueces County Corpus Christi Joint Erosion Response Plan and the Dune Protection and Beach Access Regulations. EXISTING BEACH ACCESS Approximately 24.7 miles of public gulf beach is within the city limits and extraterritorial jurisdiction of the City. Currently, seven vehicular roads provide public access to the 14.7 miles of public beach within the City of Corpus Christi's area of control with 3 additional beach access roads located within State and National parks. An additional 10 miles of beach are in either the exempted areas of the Mustang Island State Park or the Padre Island National Seashore. Beach Access Road #2 is located approximately one-half mile north of the northern boundary of Mustang Island State Park. This is the only beach access road between the State Park and Beach Access Road #1, located approximately 7.3 miles north of Beach Access Road #2 and 3.6 miles north of the Port Aransas city limits. Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 25 All of the remaining ten beach access roads within the City of Corpus Christi's area of control are concentrated within a four -mile area between Beach Access Road #3 and Beach Access Road #6. This area includes the Seawall and Nueces County's Padre Balli Park and Packery Channel. The Mustang Island State Park entrance road provides the only vehicular access to the two-mile long public beach between Fish Pass and south to the vehicular barrier located 0.3 miles north of Beach Access Road #3. Beach Access Road #3 is located within Mustang Island State Park and approximately 3/4 mile north of the State Park's southern boundary. It provides access to the beach between the State Park's vehicular barrier on the north side of Corpus Christi Pass and Zahn Road. Beach Access Road "North", as it is commonly referenced, is located approximately one mile south of the northern boundary of the Padre Island National Seashore. This road provides the only beach access road between Beach Access Road #6 and the vehicular barrier just south of Access Road "North" at the north end of the National Seashore, a distance of approximately eight miles. A barricaded parking and day -use area exists on a portion of the public beach between Padre Balli Park entrance road and Bob Hall Pier. Vehicular traffic is routed immediately landward of both of these areas. Currently, most of the public beach within the City's jurisdiction is fully accessible to vehicular traffic and public parking on the beach. The only restriction on vehicular traffic and public on - beach parking exist along the Seawall. Public parking and vehicular traffic in front of the seawall shall comply with the current City Ordinance. POLICY STATEMENT C.11 The City shall consider renaming existing and future beach access roads to correspond with their beach mile markers for safety and emergency purposes. POLICY STATEMENT C.12 The City will continue to protect the public's right of access to Gulf Beaches through the BCC process. The purpose of the BCC is to protect public access to gulf beaches as development occurs adjacent to the Gulf Beach. POLICY STATEMENT C.13 Numerous natural and man-made processes have caused significant changes of the public beaches along the Gulf Coast, including Mustang and Padre Islands. If these processes continue, as they are projected to, the public beach may become so narrow that continued vehicular use of the beach might be physically impossible or pose a threat to public safety. Future opportunities for providing public access to the public beach may be seriously diminished as development of private property landward of the public beach occurs. Also, the increased use of public beaches will create conflicts with vehicular and pedestrian movement. The City will strongly encourage the following policies and objectives: A) The purchase of pedestrian beach access points and associated parking. The primary funding mechanism for these acquisitions will be State and Federal grants, capital improvement programming and hotel/motel tax revenue. Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 26 B) Regulate pedestrian and vehicular beach access, traffic and parking on the beach only in a manner that preserves or enhances existing public right to use. C) Except for in front of the seawall, the City will not pursue closure of any portion of the public beach to vehicular traffic except for emergency purposes or by voter approval. POLICY STATEMENT C.14 The City, County and State will work together to promote public parking areas in proximity to public beaches. Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 27 D. ECONOMIC DEVELOPMENT Corpus Christi is the gateway to more useable ocean beach than any other community in the nation. Twenty-one miles of Gulf beaches lie within Corpus Christi City limits or ETJ and another sixty- two miles are only accessible through Corpus Christi. The Islands are home to three major Beach Parks: the seventy -mile long Padre Island National Seashore, the 4,200 -acre Mustang Island State Park and the Nueces County Coastal Parks with 4,500 acres of Mustang and Padre Island. Corpus Christi Bay and the Upper Laguna Madre system are the western boundary of the Islands providing access for fishing, birding, water sports and other outdoor activities. From the City's economic development perspective, public investment in infrastructure for new development on the islands will have one of the biggest returns on investments in this nationally unique area. The point to be made on these figures is that almost any investment by the City to make the Islands more attractive, better able to accommodate new growth, etc. will reap large returns in increased property values. The Islands are one of only a few coastal areas near a metropolitan area that have ample undeveloped property. If growth and development of the Islands occurs similar to other areas on the east and west coasts then Corpus Christi can see an increase in Island property by multiples. In 2016, the Islands represented approximately 15% of Corpus Christi's total taxable valuation. Island Goals THE CITY AND THE ISLANDS WILL WORK TO PROVIDE: A) Well maintained, safe, attractive beaches. B) Mixed destination use, including retail, entertainment, restaurants, meeting facilities, water and boating access that are accessible by pedestrians, bicyclist, golf carts, shuttles and motor vehicles. C) Improved access to the Laguna Madre and Corpus Christi Bay. D) A developed and unique identity for the Islands including branding, clearly identified gateways and landscaping; E) Sufficient funding to promote tourism to the Islands, including a coordinated effort to promote the Islands. F) Festival facilities. G) A grocery store to service the growing residential population. H) RV Parks in appropriate locations. Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 28 I) Plan for large scale developments on existing large undeveloped tracts, i.e. Lake Padre Area and the Jones Tract located south of Padre Isles. Residential A) Safe, attractive orderly neighborhoods. B) Well maintained neighborhood parks, an athletic center to include tennis, dog park(s), swimming pools, etc. C) Improved bicycle and pedestrian access to and within existing residential neighborhoods in strategic locations. D) Promote the Islands as a retirement destination. E) Promote home ownership benefits in Texas. POLICY STATEMENT D.1 The City will analyze and pursue alternative means of creating special funds for capital improvements, public facilities and beach operations/maintenance. These funding mechanisms include bond program funding, hotel/motel tax, beach parking fees, grants, tax increment financing, and other local, State or Federal programs. PACKERY CHANNEL Packery Channel (Figure 10) was constructed as a joint project between the Federal Government (US Army Corps of Engineers), the State (the Texas General Land Office) and the City of Corpus Christi. The local share of this project is financed by the Tax Increment Reinvestment Zone No. 2 (TIRZ #2), also known as the Padre Island Tax Increment Financing District (PITIF) (Figure 11). The TIRZ #2 is a means of allocating a portion of the property tax revenue collected from the zone to pay for public improvements in the zone. The TIRZ does not create a new tax or additional tax burden but is intended to encourage private investments and increase the value or properties in the zone. The Packery Channel Project has several purposes: A) Providing a convenient recreational water passage from North Padre Island to the Gulf of Mexico. B) Providing a valuable source of sand for beach re -nourishment. C) Providing funding for ongoing maintenance of the channel. D) Providing an additional attraction for economic development of the Islands. Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 29 Figure 10: Packery Channel Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 30 Padre Island Tax Increment Financfng District (TI! „!'" c+r� la 101.1 Li ips LEGEND TIF•ber COrpu o y Lot Lae C *Id Stlid Coin add sot Figure 11: Padre Island Tax Increment Financing District Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 31 POLICY STATEMENT D.2 Capital improvement projects located in or serving areas in the TIRZ #2 are of the highest priority. Extension of TIRZ #2 is vital for continuing maintenance of the Packery Chanel project, providing funds for rehabilitation projects as a result of natural disasters and continued improvement of the Islands. Capital improvements that support development of the TIRZ #2 will generate tax increment dollars that must be spent on public improvements in the district. POLICY STATEMENT D.3 The City will vigorously support and encourage the continued development and improvement of Packery Channel for the purpose of providing a recreational boat pass, enhanced water exchange to the Laguna Madre and a destination attraction on the gulf coast POLICY STATEMENT D.4 Promote tourist oriented development east of State Highway 361/Park Road 22 and between Zahn Road and Whitecap Boulevard by providing public and private amenities to make the area more attractive and "people friendly". These amenities should support a multimodal transportation system (pedestrian, bicycle, vehicular and water transit), and uniquely attractive developments, both public and private, with facilities using the highest quality design and materials. POLICY STATEMENT D.5 Private land located south of the Packery Channel and landward of the seawall should be developed with a mix of high-density tourist oriented commercial and residential activities. Development standards for this area will be of a very high order requiring abundant landscaping, a consistent urban design theme and public improvements that exceed standard requirements. A development concept provided by a major land owner of vacant lands in the area is shown on Figure 12. POLICY STATEMENT D.6 A navigable connection between Lake Padre and Padre Isles with a PR22 bridge is considered a priority for development and water exchange. POLICY STATEMENT D.7 Encourage development of a full service marina in Lake Padre opening up Padre Island to recreational sailing and power vessels with unfettered access to the Gulf. Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 32 Figure 12: Packery Channel Enhancements Exhibit A THE PACKERY CHANNEL PROJECT Park 1 Utility Related Improvements Location & Description tor EIS North Side Channel North Side Park Wetlands Area Packery North Sil Point Park �•• ,_-., k Beach Park , to r -�(1 .., VI' iiii 0 , ~"--~ _ ,, . i 1''' i SHINER MOSELEY AND ASSOCIATES, INC. `__ ENGINEERS & CONSULTANTS 655 N. C87Pnwhea Street, Suitt 1.850.Cerpus Chsti. Tcxa.+!8478 at ct co it C-.- 1Jr--- , rC) R17-1�,... Y - E s C 8 C § m y. _-, e 5• ! o 2 i $ i gf § 14 5 9. L P U it W "i2 `_ n C Y1 _e a. a q S 1 1y: :1 iA-112 {LC u ill d I1 k C ^�' 6fl C a a l''' g n" ILIO. �' ~e 7:6 ,� .� ♦ y E 1Ytt if E 1 1 fit _$ 45 t 4 al ° A . 8! I'xIlli" ug 111;121 t' -EI -1 FlR gEI-1°l`u1Zg aNas v1 .¢-!: fi `l 1411x1 _. ° v m I ° n 21111,'E 7. n p a 8 3 iilil €akk �¢ Sl 4 f•�wj�a70:at2'E ;¢-51 all C Y s i 4 4 z 61 S Z d Figure 12: Packery Channel Enhancements Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 33 E. PUBLIC SERVICES PARKS & RECREATION POLICY STATEMENT E.1 Gulf of Mexico beaches are the region's number one tourist attraction and will be maintained in a manner that promotes the public's access and use in a sustainable manner to the sensitive beach/dune ecosystem. Beach operations headquarters and equipment storage facilities are needed in close proximity to the beach. The City will investigate additional funding mechanisms for these facilities to ensure sufficient personnel and equipment are available for this important program. Possible additional or expanded funding operations may include: A) Increases in the current fee and permit system. B) Federal and State grants. C) Local and State dedicated Hotel/Motel Taxes. D) Special districts. In addition, the City will continually seek to use "adaptive management practices" for beach maintenance through continuous dialog with the GLO and Nueces Protection Advisory Committee County. POLICY STATEMENT E.2 The City will pursue alternative avenues for park land development, in conjunction with the Nueces County Coastal Parks and Mustang Island State Park. POLICY STATEMENT E.3 The City will develop a Specific Beach Utilization Master Plan for all gulf beaches and Packery Channel and should include shoreline areas adjacent to the Laguna Madre/Corpus Christi Bay. Development of the plan will include a public participation process designed to obtain input from island property owners and residents, including the several existing Islands advocacy groups, as well as citywide input from citizens. The plan should include recreational improvements to be placed on either side of Packery Channel, the need for ADA accessibility on all improvements, compliance with FEMA flood elevation requirements and the City and County's beach management plans. POLICY STATEMENT E.4 The City will encourage festival sites on the island for large special events. Facility improvements are intended to make the Corpus Christi gulf coast the premier location for hosting special beach events on the Texas gulf coast. Festival site facilities and locations may be developed as joint ventures with the County, State or with private property owners. Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 34 POLICY STATEMENT E.5 The City will pursue additional public boat ramps and parking for access to the Laguna Madre and Corpus Christi Bay. Joint public agreements between the County, the State or other entities could facilitate this objective and reduce overall costs. Potential sites for consideration should include: existing park locations; Wilson's Cut on Mustang Island and Kleberg County, Laguna Madre shoreline or other viable alternatives. POLICY STATEMENT E.6 A high recreational improvement priority of the City is to fully develop existing parks on the island. These parks include Jackfish, Aquarius, Commodores, Billish and Douden Parks. The improved parks will be regularly maintained according to the City's Parks Master Plan. POLICY STATEMENT E.7 The City will pursue development of a multi-purpose meeting facility as a place for resident public functions, senior citizen activities and other public/recreational functions. If land on existing city parks is not suitable, the City should consider a joint agreement with the County on County park land in the area. POLICY STATEMENT E.8 The city will pursue development of dedicated park lands on Mustang Island. PUBLIC SAFETY POLICY STATEMENT E.9 The City will provide public safety personnel and facilities to serve the Islands. STREETS POLICY STATEMENT E.10 Establish a short, medium and long term schedule for street resurfacing of all existing streets on the island. Collector and arterial streets and beach access roads will have priority for street resurfacing. STORMWATER SYSTEM POLICY STATEMENT E.11 Development of a Stormwater Master Plan for Mustang Island is a high priority for supporting new development. A key element of any new development is the manner in which the property will efficiently and effectively drain, tie into an overall storm drainage system, and, most importantly, not drain or damage downstream properties. Currently, there is not a Stormwater Master Plan for Mustang Island. Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 35 WATER AND WASTEWATER SYSTEMS POLICY STATEMENT E.12 The City will continue to place a high priority on providing an adequate supply of water to the Islands to support rapid growth. The City will continue to explore conventional and innovative methods of supply including: extension of additional water transmission lines, aquifer storage and recovery and desalinization, etc. POLICY STATEMENT E.13 The City will support and facilitate the creation of a public improvement district to provide unpaved streets, water and wastewater and other public infrastructure improvements in portions of the area not adequately supported by existing public infrastructure. For example, many of the vacant lots (known as "A" and "B" Lots) along SPID and Palmira Streets do not have both water and wastewater lines. The City would finance such improvements and assess the costs in an equitable manner among district property owners in accordance with Chapter 372 of the Texas Local Government Code. POLICY STATEMENT E.14 The City will continue to reuse effluent from the Whitecap Wastewater Treatment Plant to benefit the islands as a source of water for landscaping on the Islands POLICY STATEMENT E.15 The City will continue to work closely with Nueces County Water Improvement District No. 4 in the future to identify issues and ensure adequate provision of water and wastewater services to the District's service area. The area south of Mustang Island State Park receives all services from the City of Corpus Christi. District No. 4 provides water and wastewater services to the State Park and areas north of the State Park, with the City providing all other services. This arrangement will continue for the foreseeable future. This will include: A) Creation of joint/compatible development standards between the City and District No. 4. B) Provision of adequate and reliable water and wastewater services to all area property owners. Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 36 F. CAPITAL IMPROVEMENTS The purpose of this chapter is to outline the capital improvement needs as identified in the Mustang/Padre Area Development Plan. The project list below should be used to provide input to the City's Annual Capital Budget and Long Range Capital Improvement Program. POLICY STATEMENT F.1 Establish continuous funding sources and foster multiple partnerships for ongoing capital improvements on the islands. In addition to equitable distribution of future bond programs, funding mechanisms include tax increment financing, public improvement district, tax abatement/credits, State hotel/motel taxes or similar mechanisms. Multiple partnerships should include, but are not limited to, the RTA, Nueces County, MPO, and impacted private organizations. Care must be taken to insure that funding is reserved only for those projects that create a measurable increase in quality of life and tourism. Following the adoption of this Plan, City Staff will incorporate the Plan's capital improvements into the overall citywide Capital Improvement Program in keeping with the overall prioritization and funding available at the time. PARK AND RECREATION POLICY STATEMENT F.2 Create a Specific Beach Utilization Master Plan for all Gulf Beaches, Packery Channel and shoreline areas adjacent to the Laguna Madre/Corpus Christi Bay. Elements to be included in the plan will include: A) Facilities such as showers, pavilions and restrooms, etc. B) Access facilities — beach access roads, day use areas, public parking and dune walkovers etc. C) Boat ramps and/or portage areas. D) Pedestrian access for viewing natural habitat areas. E) Shade structures and pavilions. F) Beach maintenance and operations facilities. G) Signage. H) Festival facilities. I) Other associated recreational facilities. Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 37 POLICY STATEMENT F.3 Public boat ramps on Mustang Island and Kleberg County or other viable alternatives to facilitate public access. POLICY STATEMENT F.4 Park Improvements. Billish Park is currently being upgraded. All other parks need to be upgraded as well. PUBLIC SAFETY STREETS POLICY STATEMENT F.5 Facilitate pedestrian and bicycle access along Park Road 22 with the highest priority for the intersections of Commodores Drive and Whitecap Boulevard. The purpose is to make these intersections and roadways safer for alternative modes of transportation. Such improvements may include: A) Joint sidewalks, bicycle and golf cart lanes. B) Signage; C) Enhanced and or more frequent street maintenance. POLICY STATEMENT F.6 Landscaping and pedestrian/bicycle improvements and facilities should be constructed in the public rights-of-way on major streets, or other streets in accordance with any adopted mobility plans. POLICY STATEMENT F.7 The JFK Causeway was elevated for safety. Park Road 22 should also be elevated for safety, particularly as an egress, as well as improvement to drainage, primarily on the west bound lane. The City and TXDOT should work together to establish and implement a solution. POLICY STATEMENT F.8 Improve Sand Dollar (portions that have not been developed), Tortugas, Palmira and other dedicated but unimproved streets. POLICY STATEMENT F.9 Provide sidewalks to connect the seawall with Whitecap Boulevard and construct new sidewalks on designated Urban Transportation Plan streets where there are no sidewalks. Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 38 STORMWATER POLICY STATEMENT F.10 Development of a Stormwater Master Plan for the Islands. Include in the plan an assessment of Park Road 22 to determine if underground drainage could be a means to assure better drainage and to provide a narrower curb and gutter street section on Park Road 22. Currently, there is at least 200 feet of right-of-way on Park Road 22 to accommodate roadside ditches. A curb and gutter section, could be constructed in only 100 feet of right-of-way. A narrower street section could allow the construction of marginal access roadways (similar to frontage roads) to serve businesses and residential uses along Park Road 22. WATER AND WASTEWATER POLICY STATEMENT F.11 Establish a public improvement district to finance construction of wastewater service lines to platted properties along Park Road 22. A Public Improvement District would establish a cost sharing mechanism between the City and property owners. Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 39 G. PLAN IMPLEMENTATION During the formation of this Plan, staff found that there are many very active and energetic organizations that exist on the island. Many of these organizations have diverse interests in the island but the common thread between all of the organizations is that they are all very interested in the island's future development. Some of these groups include the Padre Island Property Owners Association, the Padre Island Business Association, the Sea Wall Owners, many condominium associations, Schlitterbahn, and others. POLICY STATEMENT G.1 This Plan constitutes the primary guide for the development and redevelopment of the Mustang/Padre Island Area. The Plan provides the overall basis for which the City makes determinations concerning zoning, capital improvement projects and improvements, infrastructure improvements, and to a somewhat lesser degree building code issues. POLICY STATEMENT G.2 The Mustang/Padre Island Strategic Action Committee has been established to implement this Plan. The primary charge of this Committee is to aggressively pursue the implementation of this Plan. The committee shall develop specific strategies for implementation of the Plan with specific timelines to implement the respective strategies and a clear determination of which agency or individual is responsible to implement specific projects or programs. The highest priority projects for the Strategic Action Committee include: A) Mustang/Padre Island Area Development Plan projects to be recommended for inclusion in the next City Bond Program. B) Implementation of sustainable new or additional funding sources for the Mustang- Padre Island Area, i.e., Tax Increment Financing District, Municipal Management District, Public Improvement District, or other mechanisms to fund projects. Identified funding sources should be in place within 12 months of adoption of the Mustang/Padre Island Area Plan. C) Annual input into the City's Capital Improvement Program. D) State legislation pertaining to Island concerns. E) Other appropriate areas of concern. Exhibit A Mustang/Padre Area Island Development Plan Adopted Month and Day, 2017 Page 40 Appendix 1: Island Overlay Exhibit A Mustang/Padre Area Development Plan City Council Presentation January 24, 2017 Mustang/Padre Area Development Plan Planning Area Boundaries Padre Island National Sea Shore Plan Area Boundary (69,386 Acres) Corpus Christi/Port Aransas City Limits Planning Process • The Island Strategic Action Committee (ISAC) was formed based on the 2004 Mustang/Padre Area Development Plan. ■ This year the ISAC adopted a goal to update the 12 year old Mustang/Padre Island Area Development Plan ■ Funding for a new plan was not available ■ ISAC decided to form a subcommittee to update the plan ■ July 30, 2016, ISAC open house for comments on draft plan ■ September 13, 2016, ISAC recommended the revised plan be adopted ■ ISAC informed City Council that a draft plan had been completed • Planning Commission conducted a public hearing on December 14, 2016 and recommended the plan for adoption by City Council Plan Summary • Socio-economic statistics reveal the Island as one of the fastest growing areas of the City with higher median home values, educational attainment and incomes. • Over the last 12 years existing residential uses have increased by 300 acres and commercial uses by over 200 acres. • Environmental Policies • Protection and enhancement of gulf beaches • Encourage development using best practices and innovative designs • Solid waste disposal uses shall not be allowed on the islands • Protect sensitive wildlife habitats • Land Use • Tourist -oriented business uses are to be encouraged • The highest quality of design shall be encouraged to create a unique sense of place • Vehicular access along gulf beaches shall not be restricted unless necessary for public safety Plan Summary (cont'd) • Transportation Improve public beach access • Integrate the bikeway system with the new bridge and water exchange on Park Road 22 Encourage pedestrian and bicycle amenities for all residents and visitors Support a second crossing of the Laguna Madre • Economic Development • Continue to pursue improvements for the Packery Channel • Capital improvements for Reinvestment Zone #2 are of the highest priority • Encourage development of a full service marina in Lake Padre • Public Services and Capital Improvements • Create a Specific Beach Master Plan • Improve City Parks • Plan Implementation • City Planning staff will implement the plan with ISAC, Planning Commission, and other community input. Future Land Use 1 01 41 II 1.1 Mixed Use Low Density Residential Flood Plain Conservation Planned Development Medium Density Residential Water ME Commercial ME High Density Residential n Planning District 1. Government Transportation Institutional I Permanent Open Space Discussion AGENDA MEMORANDUM First Reading for the City Council Meeting of January 17, 2017 Second Reading the City Council Meeting of January 31, 2017 DATE: January 25, 2017 TO: Margie C. Rose, City Manager FROM: Miles Risley, City Attorney MilesR@cctexas.com 826-3360 Ethics Code Amendments CAPTION: Ordinance amending the City Code of Ethics by revising sections to expand conflict of interest prohibitions; to prohibit disclosure or use of confidential information; to prohibit City Councilmember from participating in appointment of a person who contributed $2700 or more to the Councilmember's campaign; to prohibit registration as a lobbyist within 2 years of leaving City service; to provide clarification of Ethics Commission review of Financial Disclosure Reports; providing for severance and providing for publication PURPOSE: Amendments to the Ethics Code as requested by the Ethics Commission BACKGROUND AND FINDINGS: During 2016, the Ethics Commission studied the City Ethics Code and proposed several amendments which were presented to the City Council on July 19 and again on November 15, 2016. The Ethics Commission's recommended amendments passed City Council first reading on January 10, 2017. At the City Council meeting on January 17, 2017, questions were raised regarding the intent of the proposed amendment to Section 2- 311(8)(e), and the Ordinance was tabled to January 31, 2017. As proposed by the Ethics Commission, Section 2-311(8)( e) would prohibit elected city officials from using their position to influence the action of a city official or city employee in the performance of their duties related to a contract or business transaction involving an individual or organization who contributed to the official's campaign contributions during the most recent election either directly, or indirectly, via a third party. The Ethics Commission met on January 19, 2017 to discuss the pending ordinance and recommended no changes to their proposed amendments. The Ethics Commission discussed their intent of Section 2-311(8)(e) was not to prohibit a council member from bringing an issue to attention of the responsible City staff person. However, it is possible that City Council may wish to consider alternate phrasing, and so alternate phrasing (shown in green below) is being provided by the Legal Department for consideration by City Council. (e) Elected city officials may not use their position to influence (?direct?) the action of a city official or city employee in the performance of their duties related to a contract or business transaction involving an individual or organization who contributed to the official's campaign contributions during the most recent election either directly, or indirectly, via a third party. It is not a violation of this subsection (e) to make a request to the City Manager to communicate with a third party. ALTERNATIVES: To not adopt the proposed amendments. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These amendments conform to City Code of Ethics. EMERGENCY / NON -EMERGENCY: Non -emergency; two readings. DEPARTMENTAL CLEARANCES: 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 Fund(s): (Do not list Accounting streams, use names of accounts) Comments: (Insert any brief comments that may be necessary to explain chart) RECOMMENDATION: Adoption of the ordinance is a policy matter. LIST OF SUPPORTING DOCUMENTS: Powerpoint previously provided on January 10 and January 17, 2017 Ordinance including alternate phrasing 1 Green language not adopted. It is merely suggested alternate phrasing from the Legal Department that may be adopted by the City Council. Ordinance amending the City Code of Ethics by revising sections to expand conflict of interest prohibitions; to prohibit disclosure or use of confidential information; to prohibit City Councilmember from participating in appointment of a person who contributed $2700 or more to the Councilmember's campaign; to prohibit registration as a lobbyist within 2 years of leaving City service; to provide clarification of Ethics Commission review of Financial Disclosure Reports; providing for severance and providing for publication BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 2-311 of the Corpus Christi City Code is amended to read as follows: Sec. 2-311. - Standards. The following rules of conduct apply to all council members, board members, and employees: Special privileges. (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 are 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 uniform 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. Unle-c you are a council member, you shall not use the prestige of your position with the city on behalf of any political party or cause. (4) 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: 2 (5) 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 gift 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 for 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. 3 (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: (8) (A) If a contract or busincss transaction involving thc city, in which you or onc of your rclativcs havc a conflict of intcrcst or potcntial conflict of intcrcst comcs bcforc you in thc performancc of your official dutics, you shall takc thc following actions: (i) Immcdiatcly makc a writtcn disclosurc of your intcrcst in thc mattcr to (ii) Abstain from any votc or dccision. council, thc city managcr, or city cmployccs. cmploycc in thc performancc of thcir dutics rclatcd to a contract or busincs� tra+lsaction in which you or onc of your rclativcs havc a conflict of intcrcst or potcntial conflict of intcrcst. (8) (a) General rule. To avoid the appearance and risk of impropriety, a City official or employee shall not take any action or fail to take any action related to their position that is likely to affect the economic interests of: 1. The official or employee; 2. His or her parent, child, spouse, or other family member within the second degree of consanguinity or affinity; 3. His or her outside client; 4. A member of his or her household; 5. The outside employer of the official or employee or of his or her parent, child (unless the child is a minor), spouse, or member of the household (unless member of household is a minor); 6. An entity in which the official or employee knows that any of the persons listed in Subsections (8)(a)1 or (8)(a)2 holds an economic interest as that term is defined herein; 7. An entity which the official or employee knows is an affiliated or partner of an entity in which any of the persons listed in Subsections (8)(a)1 or (8)(a)2 holds an economic interest as defined herein 8. An entity for which the City official or employee serves as an 4 officer or director or in any other policy makinq position; 9. A person or entity with whom, within the past twelve (12) months: a. The official or employee, or his or her spouse, directly or indirectly has: 1) Solicited an offer of employment for which the application is still pending; 2) Received an offer of employment which has not been rejected; or 3) Accepted an offer of employment; or b. The official or employee, or his or her spouse, directly or indirectly enqaqed in neqotiations pertaining to business opportunities, where such neqotiations are pending or not terminated. (b) No city employee, city official, appointed or elected, family member, friend, or business associate of a city employee or city official appointed or elected should profit from privileqed information discussed in confidential city meetings. Any council member already involved in any city projects should immediately recuse themselves from any Executive Session meetings as well as City Council votes where such matters are being discussed. (c) Recusal and disclosure. A City official or employee whose conduct would otherwise violate Subsection (8)(a) or (8)(b) must recuse himself or herself. From the time that the conflict is, or should have been recognized, he or she shall: 1. Immediately refrain from further participation in the matter, includinq discussions with any persons likely to consider the matter; and 2. Promptly file with the City Secretary the appropriate form for disclosing the nature and extent of the prohibited conduct. In addition: 3. A supervised employee shall promptly brinq the conflict to the attention of his or her supervisor who will then, if necessary, reassign responsibility for handling the matter to another person; and 4. A member of a board shall promptly disclose the conflict to other members of the board and shall not be present durinq the board's discussion of, or voting on, the matter. influence (?direct?) 5 (d) Definitions. For purposes of this rule in subsection (8): 1. An action 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 seqment thereof. 2. The term "client" includes fiduciary relationship but not an ordinary customer relationship. 3. A relationship by "affinity" (by marriage) is defined in Government Code Sections 573.024 and 573.025. 4. A relationship by "consanguinity" is defined in Government Code Sections 573.022 and 573.023. 5. For purposes of this subsection (8), the term "official" includes the following persons: The Mayor; Members of the City Council; Municipal Court Judqes and Magistrates; C ity Manager; Deputy City Manager; Assistant City Managers; Assistants to the City Manager; City Secretary; Deputy City Secretary; Assistant to the City Secretary; Municipal Court Clerk, Deputy Court Clerks; All department heads and assistant department heads; Internal Auditor and all Assistant Internal Auditors; Assistant to Mayor; Executive secretaries; and Members of all boards, commissions (except the Youth Commission whose members are minors), committees, and other bodies created by the City Council pursuant to federal or state law or City ordinance, including entities that may be advisory only in nature, who are appointed by the Mayor, the City Council, or who are designated in the by-laws or organization papers of the entity to serve on behalf of the City; and board members of any entity who are appointed by the Mayor or City Council to such board membership. This list is updated and posted to the City website annually by the City Manager. (e) Elected city officials may not use their position to the action of a city official or city employee in the performance of their duties related to a contract or business transaction involving an individual or organization who contributed to the official's campaign contributions during the most recent election either directly, or indirectly, (9) 6 via a third party. It is not a violation of this subsection (e) to make a request to the City Manager to communicate with a third party. fi If you were initially not aware that you or a relative has a conflict or potential conflict of interest, you must comply with ( ff3j_Lcj 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 may 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. 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. (11) 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 adverse to the city: (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. Confidential Information (16) Improper access. A City official or employee shall not use his or her position to obtain official information about any person or entity for any purpose other than the performance of official duties. 7 (17) Improper disclosure or use. A City official or employee or former City official or employee shall not intentionally, knowingly, or recklessly disclose any confidential government information gained by reason of said official's or employee's position concerning the property, operations, policies or affairs of the City. This rule does not prohibit: (1) Any disclosure that is no longer confidential by law; or (2) The confidential reporting of illegal or unethical conduct to authorities designated by law. For purposes of this subsection (17), "confidential government information" includes all information held by the City that is not available to the public under the Texas Public Information Act and any information from a meeting closed to the public pursuant to the Texas Open Meetings Act, unless disclosure is permitted under the Open Meetings Act. Provisions for council members: (18) As a city council member, individually, you shall not have a substantial interest in any contract with the City of Corpus Christi. (19) 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. (20) As a council member, you shall not give any orders to any employee except through the city manager as provided by the City Charter. (21) As a council member, 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: (A) Is related to you within a degree described by Section 573.002, Texas Government Code; (B) Is your employer; (C) Is a director or officer of a business entity (as defined in Section 171.001, Texas Local Government Code) which is your employer;49.F (D) Owns ten (10) per cent or more of the voting stock or shares of a business entity which is your employer (E) Contributed $2,700 or more to your total campaign contributions during the previous election. Provisions for board members: (22) 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. 8 (23) 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: (24) As an employee you shall not have an interest in any contract with the city. This prohibition does 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. (25) 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 formal 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. (26) 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). (27) 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. .(2-g)(2.31 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 program, 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, 5-1-1990; 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, § 1, 5-8-2012) SECTION 2. Section 2-316 of the Corpus Christi City Code is amended to add Subsection D, which will read as follows: Subsection D. A person may not register as a lobbyist with the City for a period of two years from end of City service. (Ord. No. 23772, § 3, 9-21-1999) 9 SECTION 3. Subsection (a)(3) of Section 2-326 of the Corpus Christi City Code is amended to read as follows: Sec. 2-326. - Duties. (a) The commission shall, in addition to its other duties: (3) Review all statcmcnts and financial disclosure reports which are filed with the city pursuant to this Article. If the commission identifies a possible conflict of interest or needs further disclosure from its review of the financial disclosure report, the Commission shall notify the filing official to request additional information regarding the possible conflict of interest. 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. SECTION 5. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This ordinance shall take effect upon final City Council approval. 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: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb 10 That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb Ben Molina PASSED AND APPROVED, this the day of ATTEST: Rebecca Huerta Carolyn Vaughn City Secretary Mayor Pro Tem Code of Ethics Recommendations City Council January 10, 2017 Section 2-311 (4) - Special Privileges C: "Unless you are a council member, you shall not use the prestige of your position with the city on behalf of any political party or cause." EC: Recommend removal. C: Current M: Mureen Report EC: Ethics Comm. Section 2-311 (8) (A) Conflict of Interest Expand "circle of influence" C: Employee/Official, spouse, parent, child, siblings, in-laws M: Grandchildren/grandparents Clients (The term "client" includes a fiduciary relationship but not an ordinary customer relationship.) Members of household Employers & Employers of spouse/child/parent/household Entity in which official has policy making position Official/spouse offered/sought employment 1 yr Official/spouse ongoing business negotiations with entity Section 2-311 (8) (A) Conflict of Interest Expand "circle of influence" - continued M: City official or employee shall not take any action and shall not fail to take any action related to their position that is likely to affect the economic interest of anyone within the expanded circle of influence. EC: Recommend following Mureen recommendation Section 2-311 (8) regarding conflict of interest, new subsection (B) EC: "No city employee, city official, appointed or elected, family member, friend, or business associate of a city employee or city official appointed or elected should profit from privileged information discussed in confidential city meetings. Any council member already involved in any city projects should immediately recuse themselves from any Executive Session council meetings as well as City Council votes where such matters are being discussed." 5 Section 2-311 (8) regarding conflict of interest, new subsection (D) (5) M & EC: 2-311(8)(D)... (5) For purposes of this subsection (8), the term "official" includes the following persons: The Mayor; Members of the City Council; Municipal Court Judges and Magistrates; City Manager; Deputy City Manager; Assistant City Managers; Assistants to the City Manager; City Secretary; Deputy City Secretary; Assistant to the City Secretary; Municipal Court Clerk, Deputy Court Clerks; All department heads and assistant department heads; Internal Auditor and all Assistant Internal Auditors; Assistant to Mayor; Executive secretaries; and Members of all boards, commissions (except the Youth Commission whose members are minors), committees, and other bodies created by the City Council pursuant to federal or state law or City ordinance, including entities that may be advisory only in nature, who are appointed by the Mayor, the City Council, or who are designated in the by-laws or organization papers of the entity to serve on behalf of the City; and board members of any entity who are appointed by the Mayor or City Council to such board membership. This list is updated and posted annually to the City website by the City Manager." Section 2-311 (8)regarding conflict of interest, new subsection (E) EC: "Elected city officials may not use their position to influence the action of a city official or city employee in the performance of their duties related to a contract or business transaction involving an individual or organization who contributed to the official's campaign contributions during the most recent election either directly, or indirectly via a third party." New Sections 2-311(16) and (17) — Confidential Information Current 2-311 (13): "You shall not disclose information that could adversely affect the property or affairs of the city, except as required by law." M: 1) Do not use official position to obtain official information about a person other than for performing official duties. 2) Do not disclose confidential information relating to city affairs that you obtain through your position. EC: Recommend following Mureen recommendation Section 2-311 ( 21)regarding appointments, new subsection (E) C: 2-311 (19) Prohibits council participation in appointments EC: Renumbered 2-311(21) and added the following: (E) Person contributed $2,700 or more to your total campaign contributions during the previous election. Section 2-316 Lobbyist — new subsection D EC: new subsection added "D. A person may not register as a lobbyist with the City for a period of two years from end of City service." Section 2-326 (a) (3) Ethics Commission duties regarding financial disclosure reports EC: Codifies the current EC practice "Review all financial disclosure reports which are filed with the City pursuant to this Article. If the commission identifies a possible conflict of interest or needs further disclosure from its review of the financial disclosure report, the commission shall notify the filing official to request additional information regarding the possible conflict of interest." AGENDA MEMORANDUM Future Item for the City Council Meeting of January 10, 2017 Action Item for the City Council Meeting of January 31, 2017 DATE: January 10, 2017 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Maintenance jimd©cctexas.com (361) 826-1909 Maria Pedraza, Procurement Manager mariape@cctexas.com (361) 826-3176 Wrecker Services for City Owned Vehicles and Equipment CAPTION: Resolution finding the lowest, responsive, responsible bidder for wrecker services for City -owned vehicles and equipment by group in response to Request for Bids No. 167; awarding a one-year service agreement, with two one-year renewal options, to the lowest responsible bidder per group; and authorizing the City Manager or designee to execute the service agreements. Momento Towing, LLC Corpus Christi, Texas Group 1 $101,775.50 PURPOSE: DDR & RS, Inc. dba Apollo Towing Service Corpus Christi, Texas Group 2 $47,325.00 Grand Total: $149,100.50 These service agreements will provide towing services of City vehicles and equipment to the City Garage or to other facilities as directed by authorized City personnel. BACKGROUND AND FINDINGS: The City of Corpus Christi currently has a fleet of 1,780 vehicles and equipment, which consist of such vehicles as sedans, light trucks, refuse trucks, dump trucks, ambulances, fire engines, and self-propelled construction equipment. Occasionally, vehicles will break down on the road requiring wrecker and towing services both inside and outside the Corpus Christi City limits. Expertise and specialized equipment is required for the towing of City owned heavy equipment such as dump trucks, garage trucks and vacuum truck. The towing companies will be towing City vehicles and equipment to and from the City Garage or to the facilities or locations as directed by authorized City maintenance personnel. Group one for light trucks and sedans is recommended to be awarded to Momento Towing, LLC of Corpus Christi, Texas and group two for heavy trucks and equipment is recommended to be awarded to DRR & RS, Inc. dba Apollo Towing Service of Corpus Christi, Texas. ALTERNATIVES: If not approved the towing requirement for both light and heavy equipment would be awarded to individual vendors on a piecemeal basis whereas a vendor would be selected to accomplish towing one piece of equipment at a time. We anticipate this procedure would be considerably more expensive to the City in that advantages and price savings associated with competitive bidding would not apply. 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: Fleet Maintenance Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $1,725,290.27 $49,700.17 $1,774,990.44 Encumbered / Expended Amount $197,479.25 $0 $197,479.25 This item $99,400.33 $49,700.17 $149,100.50 BALANCE $1,428,410.69 $0 $1,428,410.69 Fund(s): Fleet Maintenance Service Comments: The initial contract term total is $149,100.50, of which $99,400.33 is funded in FY2016-2017. The total contract value will be $447,301.50 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Informal Staff Report added 1/26/17 Bid Tabulation Resolution Service Agreements INFORMAL STAFF REPORT MEMORANDUM DATE: January 25, 2017 TO: Margie C. Rose, City Manager Y2- THRU: E. Jay Ellington, Interim Assistant City Manag FROM: Jim Davis, Director of Fleet Maintenance SUBJECT: Options Regarding City Wrecker Service Issue/Problem At the January 10, 2017 meeting of the Corpus Christi City Council, the Fleet Maintenance Department was directed to examine the feasibility of pursuing in house vehicle towing which would be conducted and managed by the Fleet Maintenance Department. In addition, the incumbent vendor raised a concern after this January 10, 2017 Council meeting concerning whether or not the recommended bidder for the light weight vehicles were properly licensed to provide towing services from the scene of an accident. The following addresses these issues and concerns to include discussion, costs, conclusions and recommendations. Backgrounds and Findings Actual costs for the previous fiscal year (FY 16) were $47,165.00 for all light equipment tow callouts. (Categories 1 & 2) Costs for fiscal year 16 heavy equipment were $24,395.00. (Categories 3 & 4) For the previous five fiscal years, average contract towing cost per year for light equipment was $41,616.00 per year and for heavy equipment $30,888.00 per year. As can be seen above, our towing requirements for the past several years have remained relatively stable. Were these contracts to be approved and awarded, our actual costs for the first year and two option years for both light and heavy equipment contracts would likely be approximately $210,000.00. The value of these contracts is higher than the anticipated need to allow for any increases we might experience for towing especially should a storm or other event occur. However, we are not obligated to pay anything beyond what is actually needed. We estimate that our in house towing program for light equipment would require two tow trucks. The estimated cost of these two trucks would be $150,000.00 per truck totaling $300,00.00. This cost represents the equipment start-up cost for the program and would probably not be recurring for 7 to 10 years. For in house light equipment towing, personnel costs would be $97,231.08 for three FTE employees. This cost would be $32,410.46 per employee (salaries plus insurance and benefits). This $97,231.08 cost would essentially be the annual cost of the program excluding start-up costs. Three FTE's are recommended due to the 24/7, 365 days per year on duty response requirement. The issue raised by the incumbent concerning the license was considered valid by staff; however the solicitation while requiring the wrecker companies to be licensed did not specify the type of license which would allow the wrecker companies to tow from an accident scene, otherwise known as an Incident Management (IM) license. The vendor that is being recommended for award had a Consent license at the time the bids were received, which met the requirements of the solicitation. The City's Police Department has wrecker companies in a rotation pool to remove vehicles from accident scenes and therefore the City has a way to deal with these situations. However, it is more cost effective to utilize this Fleet Management contract to make these tows due to the fact that there is approximately a $100 difference in cost per tow to use the rotation list. Therefore the staff contacted the recommended low bidder to see if they were willing to upgrade their license and they were more than willing to do so. The recommended bidder's license has now been upgraded to the IM level so that the City can reap the benefits from these cost savings. It should be noted however that even if the license had not been upgraded, the cost difference in the bids still makes the recommendation the least costly for the City based on the low volume of accidents in question requiring City vehicle towing. Conclusion/Recommendations: In sum, we believe that in house light equipment towing is a feasible option to examine for this Department. Once the startup costs are accommodated, the annual costs, though greater at first look, are comparable to those of a towing contractor. Basically they represent personnel costs. At this point, contract towing still has an edge when evaluating our first look at in house towing. We recommend that for this fiscal year we continue with contract towing. However, we will pursue the feasibility of in house towing and continue to develop and refine the parameters and plans necessary to perhaps introduce such a program in the future. It is also recommended that the in house heavy equipment towing requirement not be pursued at this time. This is due to the high capacity GVWR trucks (53,000 and 65,000) required for this task plus the relatively few tows that occur in a given year (98 this past fiscal year). Such trucks are costly and we do not believe would be used enough to justify their price tags. ($400,000.00 to $500,000.00 for one 65,000 pound GVWR truck) In addition, the IM license concern has been resolved and staff stands behind its recommendation for award. Should there be any further questions or concerns about this issue, please contact Jim Davis at 361.826.1909 or email at jimd@cctexas.com. City of Corpus Christi Purchasing Division Buyer: Michael Gutierrez Item Description GROUP 1 Category 1 (9,000 GVWR) Unit QTY Bid Tabulation Bid Invitation No. 167 Wrecker Services for City Owned Vehicles Momento Towing LLC. Corpus Christi, TX DRR&RS Inc. dba Apollo Morgan Towing Inc. dba Texas Towing Service Wrecker Service Corpus Christi, TX Corpus Christi, TX Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Zone 1 Tow EA 765 $59.95 $45,861.75 $65.00 $49,725.00 $125.00 $95,625.00 2 Zone 2 Tow EA 50 $59.95 $2,997.50 $65.00 $3,250.00 $150.00 $7,500.00 3 Zone 3 Tow EA 110 $59.95 $6,594.50 $65.00 $7,150.00 $195.00 $21,450.00 4 Mud Pulls EA 25 $59.95 $1,498.75 $100.00 $2,500.00 $150.00 $3,750.00 Category 2 (9,001-19,000 GVWR) 5 Zone 1 Tow EA 105 $93.50 $9,817.50 $150.00 $15,750.00 $174.50 $18,322.50 6 Zone 2 Tow EA 45 $93.50 $4,207.50 $150.00 $6,750.00 $235.00 $10,575.00 7 Zone 3 Tow EA 30 $93.50 $2,805.00 $150.00 $4,500.00 $287.50 $8,625.00 8 Mud Pulls EA 20 $93.50 $1,870.00 $100.00 $2,000.00 $200.00 $4,000.00 Jump Start 9 Zone 1 Tow EA 40 $46.20 $1,848.00 $50.00 $2,000.00 $110.00 $4,400.00 10 Zone 2 Tow EA 105 $46.20 $4,851.00 $50.00 $5,250.00 $150.00 $15,750.00 11 Zone 3 Tow EA 5 $46.20 $231.00 $50.00 $250.00 $195.00 $975.00 Police Flat 12 Zone 1 Tow EA 315 $49.50 $15,592.50 $50.00 $15,750.00 $110.00 $34,650.00 13 Zone 2 Tow EA 10 $49.50 $495.00 $50.00 $500.00 $150.00 $1,500.00 14 Zone 3 Tow EA 35 $49.50 $1,732.50 $50.00 $1,750.00 $195.00 $6,825.00 Dolly Use 15 Zone 1 Tow EA 10 $44.00 $440.00 $0.00 $0.00 $0.00 $0.00 16 Zone 2 Tow EA 5 $44.00 $220.00 $0.00 $0.00 $0.00 $0.00 17 Zone 3 Tow EA 2 $44.00 $88.00 $0.00 $0.00 $0.00 $0.00 18 Extra Mileage EA 250 $2.50 $625.00 $2.00 $500.00 $2.49 $622.50 TOTAL GROUP 2 Category 3 (19,001-34,000 GVWR) $101,775.50 $117,625.00 $234,570.00 19 Zone 1 Tow EA 50 no bid no bid $240.00 $12,000.00 $240.00 $12,000.00 20 Zone 2 Tow EA 30 no bid no bid $240.00 $7,200.00 $275.00 $8,250.00 21 Zone 3 Tow EA 25 no bid no bid $240.00 $6,000.00 $325.00 $8,125.00 22 Mud Pulls EA 10 no bid no bid $200.00 $2,000.00 $250.00 $2,500.00 Category 4 (34,001+ GVWR) 23 Zone 1 Tow EA 25 no bid no bid $300.00 $7,500.00 $340.00 $8,500.00 24 Zone 2 Tow EA 20 no bid no bid $300.00 $6,000.00 $395.00 $7,900.00 25 Zone 3 Tow EA 15 no bid no bid $300.00 $4,500.00 $465.00 $6,975.00 26 Mud Pulls EA 5 no bid no bid $275.00 $1,375.00 $350.00 $1,750.00 Jump Start 27 Zone 1 Tow EA 2 no bid no bid $0.00 $0.00 $195.00 $390.00 28 Zone 2 Tow EA 2 no bid no bid $0.00 $0.00 $260.00 $520.00 29 Zone 3 Tow EA 5 no bid no bid $0.00 $0.00 $300.00 $1,500.00 30 Extra Mileage EA 250 no bid no bid $3.00 $750.00 $4.50 $1,125.00 TOTAL $47,325.00 $59,535.00 Resolution finding the lowest, responsive, responsible bidder for wrecker services for City -owned vehicles and equipment by group in response to Request for Bids No. 167; awarding a one-year service agreement, with two one-year renewal options, to the lowest responsible bidder per group; 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 wrecker services in response to Bid No. 167, of which only the lowest, responsive, responsible bidders by vehicle and equipment group may be awarded a wrecker 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 Request for Bids No. 167 that a contract would be awarded to the lowest, responsive, responsible bidder per vehicle and equipment group by gross vehicle weight categories; WHEREAS, the City Council finds that the lowest, responsive, responsible bidder awarded a one-year wrecker services contract (with two one-year renewal options) for Group 1 is Momento Towing, LLC, of Corpus Christi, Texas, in an amount not to exceed $101,775.50; and WHEREAS, the City Council finds that the lowest, responsive, responsible bidder awarded a one-year wrecker services contract (with two one-year renewal options) for Group 2 is DRR & RS, Inc., dba Apollo Towing Service, of Corpus Christi, Texas, in an amount not to exceed $47,325.00. 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 Momento Towing, LLC, is the lowest responsible bidder for Group 1 (categories 1 and 2) in Request for Bids No. 167 and is awarded a one-year contract, with two one-year renewal options, in an amount not to exceed $101,775.50 annually, as shown in the 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 DRR & RS, Inc., doing business as Apollo Towing Service, is the lowest responsible bidder for Group 2 (categories 3 and 4) in Request for Bids No. 167 and is awarded a one-year contract, with two one-year renewal options, in an amount not to exceed $47,325.00, as shown in the 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 designee, is authorized to execute a one-year service contract, with two one-year renewal options, with each of the lowest responsible bidders for Groups 1 and 2, respectively, as specifically set out in this ordinance and in accordance with the terms and conditions stated in Request for Bids No. 167. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas of , 20 Dan McQueen Mayor 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 SERVICE AGREEMENT NO. 814 Wrecker Services for City Owned Vehicles and Equipment Group 2 THIS Wrecker Services for City Owned Vehicles and Equipment Group 2 Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and DRR & RS Inc. dba Apollo Towing Service ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Wrecker Servies for City Owned Vehicles and Equipment Group 2 in response to Request for Bid/Proposal No. 167 ("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 Wrecker Services for City Owned Vehicles and Equipment Group 2 ("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 $47,325.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 8 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: Erlinda Klubertanz General Fleet Service Phone: 361-826-1903 Email: erlinda@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 30fh 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 001 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: Erlinda Klubertanz Title: Operations Manager Address: 1201 Leopard St. Corpus Christi, Texas 78401 Fax: 361-826-4394 IF TO CONTRACTOR: DRR & RS Inc. dba Apollo Towing Service Attn: Michael L. Staff Title: Vice President Address: 6342 Harwick St., Corpus Christi, Texas 78417 Fax: 361-854-0387 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: Aii;&144e1 L.. ,% Title: VG& liPeiSielevif- Date: 1Z -09 -ib 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. 167 Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 8 of 8 ATTACHMENT A - SCOPE OF WORK 4.1 General Requirements A. Vehicles being towed will consist of motorcycles, cars, trucks, vans, ambulances, fire engines, and self-propelled construction equipment. B. Towing and wrecker services will be required both inside and outside the Corpus Christi City limits. C. Wrecker and towing services will be available 24 hours per day, seven days per week, to include holidays. D. The City shall have the right to use other wrecker companies listed on the Police Department's Rotation Schedule for emergency equipment such as ambulances, marked and unmarked police cars, and fire department vehicles as conditions and situations may dictate. The determination to use other wrecker companies for emergency equipment shall remain at the sole discretion of the City. E. No cancellation fee will be allowed for cancellations either before or after equipment has been dispatched. F. Wreckers will be equipped with two-way radios. This is to provide information to the City Garage or Police Department through the contractor's dispatcher concerning tow cancellations or problems encountered at tow site. G. Must comply with all Local, State and Federal laws and regulations pertaining to towing of vehicles. H. Contractor must have no less than three wreckers permitted by the Texas Department of Licensing and Regulation to conduct Group 1, Category 1 and Category 2 tows. These wreckers must have a manufacturer's GVWR of not less than 16,000 pounds. Wreckers must be equipped with a power winch, winch line, and/or boom with a factory rated lift capacity of not less than 8,000 pounds single line capacity. If a hydraulic wheel lift is installed, it must have a factory -rated lifting capacity of not less than 4,000 lbs. I. Contractor must have at least one wrecker permitted by the Texas Department of Licensing and Regulation to conduct Group II, Category 3 and Category 4 tows. For Category 3 GVWR range, wreckers shall have a manufacturer's GVWR of not less than 53,000 pounds and wrecker must be equipped with a power winch, winch line and boom with a factory rated lift capacity of not less than 25,000 pounds, single or double line capacity. If a hydraulic wheel lift is installed, it shall be of three -stage design with a factory rated lifting capacity of not less than 35,000 pounds at the first stage setting. For Category 4 GVWR range, wreckers shall have a manufacturer's GVWR of not less than 65,000 pounds and wrecker must be equipped with a power winch, winch line and boom with a factory -rated lifting capacity of not less than 50,000 pounds, single or double line capacity. If a hydraulic wheel lift is installed, it shall be of the three stage design and a factory rated lifting capacity of not less than 55,000 pounds at the first stage setting. 4.2 Scope of work The contractor will be required to perform the following service: A. Tow City vehicles and equipment to and from the City Garage or to other facilities or locations as directed by authorized City personnel. B. Extract vehicles or equipment from ditches, mud, or other inaccessible areas. (Mud pull). C. Perform those tasks necessary to tow or deliver a vehicle as spelled out in A, B and C above, i.e.; (1) Disconnect drive shaft, when being towed on drive wheels, OR (2) Remove axles, when being towed on drive wheels, OR (3) Use dolly when necessary OR when (1) or (2) above cannot be completed. (4) Release air brakes for vehicles equipped with air brakes as necessary. (5) Secure drive shafting or muffler, etc., as necessary. (6) Attach magnetic lights (i.e., stop, tail and turn) at rear of vehicle being towed. D. Provide all necessary equipment, attachments or tools to perform services indicated in A, B and C above. E. Change wheels on police vehicles, Le., (remove flat and place in trunk and install serviceable spare) replace hub cap. F. Jump start vehicles and equipment. G. Specific consideration for motorcycles/scooters: Contractor shall agree to provide for the transportation of motorcycles and/or motor scooters by some method other than the use of automobile slings, i.e., a motorcycle trailer or approved licensed (slide -back) wrecker, or approved wheel lift motorcycle sling 4.3 Groups and Categories Group I shall consist of category 1 and 2 vehicles. Group II shall consist of category 3 and 4 vehicles. The Contractor(s) must be capable of performing all tasks spelled out or implied by the below specifications for each group of vehicles. Group I: Category 1 - Shall include but not limited to motorcycles, three and four wheel scooters, cars, vans, trucks and vehicles rated up to and including 9,000 GVWR. Category 2 - Shall include but not limited to dump trucks, utility trucks, flatbed trucks, ambulances, vans, and other vehicles within a range from 9,001 GVWR to 19,000 GVWR. Group II: Category 3 - Shall include but not limited to 20 yard garbage trucks, dump trucks, brush trucks, flatbed trucks, and other vehicles within a range from 19,001 GVWR to 34,000 GVWR. Category 4- Shall include but not limited to tandem axle 25 yard garbage trucks, dump trucks, self-propelled construction equipment, excavators, vactor trucks, and all vehicles over 34,001 GVWR. Should a conflict occur concerning category of vehicle, the vehicles GVWR rating will be the deciding factor. Extra charges for loaded vehicles will not be permitted. 4.4 Work Zone/ Response Time Work Zone: Zones will be circular in nature and will have the center located at the City Garage, City Service Center, at 5352 Ayers. Distances used to describe the zones shall be a radius originating at the City Garage. (See Exhibit 1) Zone 1 - Shall be in a six mile radius from the City Garage and will include the Convention Center, City Transit, Police Department, Municipal Airport, Cuddihy Airfield, Bill Witt Park and the south portion of the Port of Corpus Christi. Zone 2 - Shall be from the outside perimeter of Zone 1 and have an outside radius measured form the City Garage of 10.5 miles or an increased radius of 4.5 miles and will include all of Flour Bluff with the Naval Air Station and as far south as Whiteley Street. Zone 3 - Shall be from the outside perimeter of Zone 2 and shall include all of Padre Island bounded on the north by Mustang Island State Park and on the south by the Nueces/Kleberg County lines and will include the remainder of the City that is in the Corpus Christi City limits to include the Calallen area. A. Outside of Zone 3 Extra Mileage Charges: The City will allow extra mileage charges for tows that originate outside Zone 3. This extra mileage charge shall apply to extra mileage charges necessitated by deviation of route to sanitary landfill or other location prior to delivery to City Garage or change of destination of the tow. B. Estimated activity by zone and category is furnished for contractor's information. Estimates of activity are based on actual number of calls by category and zone for a 12 month period. Response Time: Contractor will be required to respond to City calls (Police and Fire Department dispatchers and the City Garage) within a reasonable time. Reasonable time is generally determined to be 30 minutes in Zone 1, 40 minutes in Zone 2, and 60 minutes in Zone 3. In the event the Contractor does not respond in reasonable time, the City shall reserve the right to arrange for services from another wrecker company and charge back the difference to the Contractor. However, the City's right to use other wrecker companies for emergency equipment shall take precedence over the normal response time requirement. Conditions and situations which require the City to use other wrecker companies for emergency equipment, in lieu of the normal response time, will not be charged back to the Contractor. Frequent unreasonable delays causing excessive down-time for City equipment, shall be a cause for contract termination. Zone 3 within city limits 60 minutes...more than 10.5 mile radius Wrecker Response Time Zone Designations: Zone 1 - Six mile radlusirom city ga & Includes Convention Center City Transit, Polka Department Municipal Court, Cuddihy Airfield Bill Witt Park Zone 2 - Outside perimeter of Zone 1, a to 10.5 mile radius, Including Flour Bluff with NAS end as far south as Whitely St fie 3 - Outside perimeter of Zone 2. morethan 10.5 miles, aII of Padre Island near Mulling Island Park and thru NuecesliGeberg County lines & rest of Corpus Christi city limits. ■.IA6EZ nommium 1��►`_I lir, . P11 �- ' G Zones are set by Dislerlce'from e Ci Map 11H9197 B.Garcia ant Zone 3 within city limits 60 minutes...more than 10.5 mile radius 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 Administrative Requirements A. All bills, tickets, or invoices shall be professionally printed on prepared forms and contain the company's name and a sequential invoice numbering system. B. The following information will be required on each of the invoices/bills prior to submission for processing and payment. (1) City unit number. (2) License plate number. (3) Date of tow/service. (4) Name and Signature of police officer or City employee. (5) City Garage's Purchase Order Number. Purchase order number will be secured from City Garage after completion of tow. For tows after working hours, holidays, or weekends, purchase orders will be secured the next working day. (6) Will state basis of billing, i.e., Zone 1, Category 1, etc., (See Paragraph 4 for zone and category designation. (7) Pickup and delivery point - explanation of added charges. C. Invoicing billing procedures: Invoices will be prepared and delivered to the City Garage at time of service. In cases where service was performed on a holiday or after hours, the invoice/bill will be delivered the following working day. D. Vehicles delivered after working hours or holidays. (1) (2) (3) Will be parked at the City Garage in designated parking slots. In no case will vehicles be left in driveways. Vehicle will be locked and windows rolled up. Vehicle's key will be placed in the slot provided in the front door of the City Garage marked, "Wrecker Keys". CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 167 Wrecker Services for City Owned Vehicles and Equipment Date: it -�l -i(0 A1419andlitl Signature: Authorized -AIX* Bidder: MR 4KS DT C-16 SOVI 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. Item."--•,:.:; Description Unit QTY 1 Unit Price r Tota_ Ca - ,.. 9,000 GVWR) _ _ 1 Zone 1 To' -,Y -4 -,-:, -,,, EA 765 mpp- -'-'—„,,,,- CI'S• 00 ..70'.; ' 725.00 2 Zone 2 Tow -, EA , /95 0 2450. 00 3 , Zone 3 Tow ''''"'-' -,.., ....c,., EA 1 , $' 00 .5 $ 7,10.t%' 4 Mud Pulls, • .- '-' 1 00.00 $ Zr 500. 00 Category 2 (9,001-19,000 GVWR) 5 Zone 1 Tow 105 , ' -'' 00 $ 15110•00 6 -_,- Zone 2 Tow ,-,-,- ''''. EA 45 $ 1 0% 50.co 7 Zone 3 Tow ,,.,„ , EA 30 $ 150.00 ' 4500.00 8 Mud P ,.'. ,1 EA 20 $ 100.00 J a ..1 --. . 9 one 1 EA 40 6b.00 2/ 00, 0, 10 _ - EA 105 _ - 11 Zone 3 EA 5 , 5 0!,...,-: ... - 2.50. CO Police Flat • 'I 12 Zone 1 EA P,, 50.00 /5;150.00 13 Zone 2 ...., .. 5040 $ 500.00 14 Zone 3 , EA Sao° $ 1,150.W ..- Dolly Use , {.. 15 Zone 1 ', EA 10, .1 -- . 10.00 6 Zone 2 ,-' ' EA 5 $ 0, 00 0.00 17 Zone3 EA 2 $ 0.00 0.00 18 ,-- - a Mileage EA 250 zoo $ 6-00 TOTAL 4-7 .00 $ tilh25 fp. "1 GROUP 2 Item Description Unit QTY I Unit Price 1 Total Price Category 3 (19,001-34,000 GVWR) 19 Zone 1 Tow EA 50 $ 2.0. 00 $ 12_,.0.0O 20 Zone 2 Tow EA 30 $ 240.00 $ 21 Zone 3 Tow EA 25 $ 2.40.00 $ ko00.00 22 Mud Pulls EA 10 2.00.00 2. 000. CO Category 4 (34,001+ GVWR) 23 Zone 1 Tow EA 1 25 360 -00 7,500 24 Zone 2 Tow EA 20 30o. oo .00 61000. co 25 Zone 3 Tow EA 15 $ 30 0 .00 4,529. 04, 26 Mud Pulls EA 5 2.75.00 ill 1.475 JumpStart 27 Zone 1 EA 0.00 0.W 28 Zone 2 EA 2 $ 0.00 $ 0.00 29 Zone 3 EA 5 0.00 0.00 - 30 Extra Mileage EA 250 3.00 7512.00 TOTAL $ 2709'8..00 $ 41,315.00 ATTACHEMENT C - INSURANCE REQUIREMENTS 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 *Workers' Compensation requirement can be waived if contractor submits a notarized Affidavit stating they are the Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 sole owner/employee of their company.* Garage Keepers Legal Liability $60,000.00 Cargo/On Hook Coverage $60,000.00 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 workerscompensation 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 shalt 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 nofices 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 addifional insured shown on the policy; • Workers' compensation and employersliability 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, cancellafion, 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 General Wrecker Contractors 07/14/16 mv 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 provided by Texas EthicCommission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE INTERESTED������ OF PARTIES . "~-~° FORM 1295 zof1 Complete Nos. 1 - 4 and 6 if there are id parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2015'132180 Date Filed: 1102/2010 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business ' DRR&RSIns 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 o Frovide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFB-167 Wrecker Services For City Owned / Operated Vehicles And Equipment 4 | Name of Interested Party 1 City, State, Country (place of business) Nature u,interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party ' [�l 6 AFFIDAVIT AFFIX NOTARY 20 //» 1 swear, or aftirm, under penalty of perjury, that the above disclosure is true and carrect. /4/1"..... `—~`�- = `u^ '� . ����^���U� �� � OFFICIAL���\��������� **~� 09-29-2019 ;„�.�.�� ` sionmu,00fauthorized agent ofcontracting business entity / � toSwomtvandovbucn .. e '/ `.hiothot>2f7-a day of Nkite-1414¢A_, STAMP / SEAL ABOVE mbodbo,eme.uvmrs� to certify which, witness my hand and seal of offlce. Signature af officer administering oath Printed name af officer administering oath Title of olficer administering oath Forms provided by Texas EthicCommission www.ethics.state.tx.us Version V1.0.277 SERVICE AGREEMENT NO. 813 Wrecker Services for City Owned Vehicles and Equipment Group 1 THIS Wrecker Services for City Owned Vehicles and Equipment Group 1 Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Momenta Towing, LLC. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Wrecker Servies for City Owned Vehicles and Equipment Group 1 in response to Request for Bid/Proposal No. 167 ("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 Wrecker Services for City Owned Vehicles and Equipment Group 1 ("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 $101,775.50, 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 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 8 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: Erlinda Klubertanz General Fleet Service Phone: 361-826-1903 Email: erlinda@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("C01"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the 001 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 addifional 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: Erlinda Klubertanz Title: Operations Manager Address: 1201 Leopard St. Corpus Christi, Texas 78401 Fax: 361-826-4394 IF TO CONTRACTOR: Momento Towing, LLC. Attn: Mohamed Eldakroury Title: Owner Address: 3618 Bratton Rd., Corpus Christi, Texas 78113 Fax: 361-298-4555 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 Managers right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 8 all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 7 of 8 CONTRACTOR Signature: Printed Name: Title: Date: ( 2 - 9-( 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/PFP No. 167 Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Service greement Standard Form Approved as to Legal Form 7/1/16 Page 8 of 8 ATTACHMENT A - SCOPE OF WORK 4.1 General Requirements A. Vehicles being towed will consist of motorcycles, cars, trucks, vans, ambulances, fire engines, and self-propelled construction equipment. B. Towing and wrecker services will be required both inside and outside the Corpus Christi City limits. C. Wrecker and towing services will be available 24 hours per day, seven days per week, to include holidays. D. The City shall have the right to use other wrecker companies listed on the Police Department's Rotation Schedule for emergency equipment such as ambulances, marked and unmarked police cars, and fire department vehicles as conditions and situations may dictate. The determination to use other wrecker companies for emergency equipment shall remain at the sole discretion of the City. E. No cancellation fee will be allowed for cancellations either before or after equipment has been dispatched. F. Wreckers will be equipped with two-way radios. This is to provide information to the City Garage or Police Department through the contractor's dispatcher concerning tow cancellations or problems encountered at tow site. G. Must comply with all Local, State and Federal laws and regulations pertaining to towing of vehicles. H. Contractor must have no less than three wreckers permitted by the Texas Department of Licensing and Regulation to conduct Group 1, Category 1 and Category 2 tows. These wreckers must have a manufacturer's GVWR of not less than 16,000 pounds. Wreckers must be equipped with a power winch, winch line, and/or boom with a factory rated lift capacity of not less than 8,000 pounds single line capacity. If a hydraulic wheel lift is installed, it must have a factory -rated lifting capacity of not less than 4,000 lbs. I. Contractor must have at least one wrecker permitted by the Texas Department of Licensing and Regulation to conduct Group II, Category 3 and Category 4 tows. For Category 3 GVWR range, wreckers shall have a manufacturer's GVWR of not less than 53,000 pounds and wrecker must be equipped with a power winch, winch line and boom with a factory rated lift capacity of not less than 25,000 pounds, single or double line capacity. If a hydraulic wheel lift is installed, it shall be of three -stage design with a factory rated lifting capacity of not less than 35,000 pounds at the first stage setting. For Category 4 GVWR range, wreckers shall have a manufacturer's GVWR of not less than 65,000 pounds and wrecker must be equipped with a power winch, winch line and boom with a factory -rated lifting capacity of not less than 50,000 pounds, single or double line capacity. If a hydraulic wheel lift is installed, it shall be of the three stage design and a factory rated lifting capacity of not less than 55,000 pounds at the first stage setting. 4.2 Scope of work The contractor will be required to perform the following service: A. Tow City vehicles and equipment to and from the City Garage or to other facilities or locations as directed by authorized City personnel. B. Extract vehicles or equipment from ditches, mud, or other inaccessible areas. (Mud pull). C. Perform those tasks necessary to tow or deliver a vehicle as spelled out in A, B and C above, i.e.; (1) (2) (3) (4) (5) (6) Disconnect drive shaft, when being towed on drive wheels, OR Remove axles, when being towed on drive wheels, OR Use dolly when necessary OR when (1) or (2) above cannot be completed. Release air brakes for vehicles equipped with air brakes as necessary. Secure drive shafting or muffler, etc., as necessary. Attach magnetic lights (i.e., stop, tail and turn) at rear of vehicle being towed. D. Provide all necessary equipment, attachments or tools to perform services indicated in A, B and C above. E. Change wheels on police vehicles, i.e., (remove flat and place in trunk and install serviceable spare) replace hub cap. F. Jump start vehicles and equipment. G. Specific consideration for motorcycles/scooters: Contractor shall agree to provide for the transportation of motorcycles and/or motor scooters by some method other than the use of automobile slings, i.e., a motorcycle trailer or approved licensed (slide -back) wrecker, or approved wheel lift motorcycle sling 4.3 Groups and Categories Group I shall consist of category 1 and 2 vehicles. Group II shall consist of category 3 and 4 vehicles. The Contractor(s) must be capable of performing all tasks spelled out or implied by the below specifications for each group of vehicles. Group I: Category 1 - Shall include but not limited to motorcycles, three and four wheel scooters, cars, vans, trucks and vehicles rated up to and including 9,000 GVWR. Category 2 - Shall include but not limited to dump trucks, utility trucks, flatbed trucks, ambulances, vans, and other vehicles within a range from 9,001 GVWR to 19,000 GVWR. Group II: Category 3 - Shall include but not limited to 20 yard garbage trucks, dump trucks, brush trucks, flatbed trucks, and other vehicles within a range from 19,001 GVWR to 34,000 GVWR. Category 4- Shall include but not limited to tandem axle 25 yard garbage trucks, dump trucks, self-propelled construction equipment, excavators, vactor trucks, and all vehicles over 34,001 GVWR. Should a conflict occur concerning category of vehicle, the vehicles GVWR rating will be the deciding factor. Extra charges for loaded vehicles will not be permitted. 4.4 Work Zone/ Response Time Work Zone: Zones will be circular in nature and will have the center located at the City Garage, City Service Center, at 5352 Ayers. Distances used to describe the zones shall be a radius originating at the City Garage. (See Exhibit 1) Zone 1 - Shall be in a six mile radius from the City Garage and will include the Convention Center, City Transit, Police Department, Municipal Airport, Cuddihy Airfield, Bill Witt Park and the south portion of the Port of Corpus Christi. Zone 2 - Shall be from the outside perimeter of Zone 1 and have an outside radius measured form the City Garage of 10.5 miles or an increased radius of 4.5 miles and will include all of Flour Bluff with the Naval Air Station and as far south as Whiteley Street. Zone 3 - Shall be from the outside perimeter of Zone 2 and shall include all of Padre Island bounded on the north by Mustang Island State Park and on the south by the Nueces/Kleberg County lines and will include the remainder of the City that is in the Corpus Christi City limits to include the Calallen area. A. Outside of Zone 3 Extra Mileage Charges: The City will allow extra mileage charges for tows that originate outside Zone 3. This extra mileage charge shall apply to extra mileage charges necessitated by deviation of route to sanitary landfill or other location prior to delivery to City Garage or change of destination of the tow. B. Estimated activity by zone and category is furnished for contractor's information. Estimates of activity are based on actual number of calls by category and zone for a 12 month period. Response Time: Contractor will be required to respond to City calls (Police and Fire Department dispatchers and the City Garage) within a reasonable time. Reasonable time is generally determined to be 30 minutes in Zone 1, 40 minutes in Zone 2, and 60 minutes in Zone 3. In the event the Contractor does not respond in reasonable time, the City shall reserve the right to arrange for services from another wrecker company and charge back the difference to the Contractor. However, the City's right to use other wrecker companies for emergency equipment shall take precedence over the normal response time requirement. Conditions and situations which require the City to use other wrecker companies for emergency equipment, in lieu of the normal response time, will not be charged back to the Contractor. Frequent unreasonable delays causing excessive down-time for City equipment, shall be a cause for contract termination. Zone 3 within city limits 60 minutes...more than 0.5 mile radius Wrecker Response Time Zone Designations: Zone 1 - Six mile radius from city garage & Includes Convention Cente City Transit, Police Department Municipal Court, Cuddihy Airfield Bill Witt Park Zone 2 - Outside perimeter of Zone 1, 8 to 10.5 mile radius, Including Flour Bluff with NAS and as far south as Whitely SL - Outside perimeter of Zone 2, mona,than 10.5 miles, all of Padre Island near Mullane Island Park and thru Nuecesllleberg County lines & rest of Corpus Christi city limits. MN 1111 111011111111111111 SIk111►�11�� �; ., !! ,!�r-r Zones are set by Dist'e Mep maw, B.Gartie arae Zone 3 within city limits 60 minutes...more than 10.5 mile radius 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 Administrative Requirements A. All bills, tickets, or invoices shall be professionally printed on prepared forms and contain the company's name and a sequential invoice numbering system. B. The following information will be required on each of the invoices/bills prior to submission for processing and payment. (1) City unit number. (2) License plate number. (3) Date of tow/service. (4) Name and Signature of police officer or City employee. (5) City Garage's Purchase Order Number. Purchase order number will be secured from City Garage after completion of tow. For tows after working hours, holidays, or weekends, purchase orders will be secured the next working day. (6) Will state basis of billing, i.e., Zone 1, Category 1, efc., (See Paragraph 4 for zone and category designation. (7) Pickup and delivery point - explanation of added charges. C. Invoicing billing procedures: Invoices will be prepared and delivered to the City Garage at time of service. In cases where service was performed on a holiday or after hours, the invoice/bill will be delivered the following working day. D. Vehicles delivered after working hours or holidays. (1) (2) (3) Will be parked at the City Garage in designated parking slots. In no case will vehicles be left in driveways. Vehicle will be locked and windows rolled up. Vehicle's key will be placed in the slot provided in the front door of the City Garage marked, "Wrecker Keys". ATTACHMENT B - BID/PRICING SCHEDULE ots cP Aiiil o Sal li CITY OF CORPUS CHRISTI BID FORM wr 4,411' %oapoRot 1852 PURCHASING DIVISION RFB No. 167 Wrecker Services for City Owned Vehicles and Equipment Dat02 November 2016 e: Momento Towing LLC Bidder: 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 competifion 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 Item Description Unit QTY Unit Price Total Price Category 1 (9,000 GVWR) 1 Zone 1 Tow EA 765 $ 59.95 $ 45,861.75 2 Zone 2 Tow EA 50 $ 59.95 $ 2,997.50 3 Zone 3 Tow EA 110 $ 59.95 $ 6,594.50 4 Mud Pulls EA 25 $ 59.95 $ 1,498.75 Category 2 (9,001-19,000 GVWR) 5 Zone 1 Tow EA 105 $ 93.50 9,817.50 6 Zone 2 Tow EA 45 $ 93.50 $ 4,207.50 7 Zone 3 Tow EA 30 $ 93.50 $ 2,805.00 8 Mud Pulls EA 20 93.50 1,870.00 Jump Start 9 Zone 1 EA 40 $ 46.20 $ 1,848.00 10 Zone 2 EA 105 $ 46.20 $ 4851.00 1 1 Zone 3 EA 5 $ 46.20 $ 231.00 Police Flat 12 Zone 1 EA 315 $ 49.50 $ 15,592.50 13 Zone 2 EA 10 $ 49.50 $ 495.00 14 Zone 3 EA 35 $ 49.50 $ 1,732.50 Dolly Use 15 Zone 1 EA 10 $ 44.00 $ 440.00 16 Zone 2 EA 5 $ 44.00 $ 220.00 17 Zone 3 EA 2 $ 44.00 $ 88.00 18 Extra Mileage EA 250 $ 2.50 $ 625.00 TOTAL $ 1,035.40 $ 101,775.50 GROUP 2 Item Description Unit QTY Unit Price Total Price Category 3 (19,001-34,000 GVWR) 19 Zone 1 Tow EA 50 $ N/A $ N/A 20 ZoneN2 Tow EA 30 $ -• N/A $ N/A 21 Zone 3 Tow EA 25 $ N/A $ N/A 22 Mud Pulls EA 10 $ N/A $ N/A Category 4 (34,001+ GVWR) 23 Zone 1 Tow EA 25 $ N/A $ N/A 24 Zone 2 Tow EA 20 $ N/A $ N/A 25 Zone 3 Tow EA 15 $ N/A $ N/A 26 Mud Pulls EA 5 $ N/A $ N/A Jump Start 27 Zone 1 EA 2 $ N/A $ N/A 28 Zone 2 EA 2 $ N/A $ N/A 29 Zone 3 EA 5 $ N/A $ N/A 30 Extra Mileage EA 250 $ N/A $ N/A TOTAL $ N/A $ N/A ATTACHEMENT C - INSURANCE REQUIREMENTS 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 *WorkersCompensation requirement can be waived if contractor submits a notarized Affidavit stating they are the Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 sole owner/employee of their company.* Garage Keepers Legal Liability $60,000.00 Cargo/On Hook Coverage $60,000.00 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 approve -d 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 WorkersCompensation. 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. Al! 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. 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 General Wrecker Contractors 07/14/16 mv 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 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: 2016-144680 Date Filed: 12/09/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business enut''s place of business. Momento Towing, LLC Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which t. a form is being filed. City of Corpus Christi e 3 Provide the identification number used by the governmental entity or state agency to t' :k or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract 813 Wrecker Services for City Owned Vehicles and Equipment G oup 1 Name of Interested Party City, State, Courr ry (place of business) Nature of interest (check applicable) Controlling Intermediary 9699406 Canada Inc. dba Ottawa Group Mississauga Ontario Canada X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT Putt, LESUE ANNE GARCIA * * NOTARY PUBLIC STATE OF TEXAS /., MY COMM. EXP. 9/3/2017 44jtort* NOTARY ID 12954468.9 I swear, or affirm, Al a under penalty of perjury, that the above disclos. ire is true and correct. (/� GCS �V o t v �, E G Signature of authorizes: agent of contracting business entity / j�,, this the �/ day of ,C/c (-e/)zihe,-- ' F IX NOTARY STAMP / SEA:. ABOVE Sworn to and subscribed before me, by the said 20 / (( , to certify which, witness my hand and seal of office. ! e..i/� e. Ane &ii- 4 / 44771/ /,/i .moi % l', DiliF /fi+ LGc gnat q of officer administering oath Printed name of officer administering oat Forms provided by Texas Ethics Commission www.ethics.state.tx.us Title of officer administering oath Version V1.0.277 AGENDA MEMORANDUM 1st Reading for the City Council Meeting of January 31, 2017 2nd Reading for the City Council Meeting of February 14, 2017 DATE: January 31, 2017 TO: Margie C. Rose, City Manager FROM: Stacie Talbert Anaya, Interim Director of Park Operations StacieT(c�cctexas.com (361) 826-3476 Maria Pedraza, Procurement Manager mariape(c�cctexas.com (361) 826-3176 Purchase of Playground Equipment and Installation for Bayshore Park CAPTION: Ordinance accepting and appropriating a $150,000 donation from HEB Tournament of Champions Charitable Trust in the No. 4720 Community Enrichment Fund in trust for Bayshore Park playground equipment; and authorizing the City Manager or designee to execute all documents necessary to purchase and install playground equipment from Exerplay, Inc. of Cedar Crest, New Mexico, at Bayshore Park in an amount not to exceed $144,672.80, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard. PURPOSE: This item is to approve the purchase of playground equipment and installation for Bayshore Park. BACKGROUND AND FINDINGS: The Parks & Recreation and Engineering Departments are currently working with Fulton Coastcon Construction to complete the Bayshore Park Development. The budget for the project was approximately $5.1 million and did not include funds to update the playground at McCaughan Park. During the planning stages of the project, the manufacturer of the current playground equipment approached the department about offering a substantial discount and grant for the project in order to test new products developed and their ability to withstand the harsh environment (constant wind, sand blasting and frequent vandalism) at the park. Originally, the Parks & Recreation Department was going to work to identify money for this portion of the project in the Community Enrichment Fund in order to take advantage of the offer from the vendor. However, in November 2016 the department was notified by the HEB Foundation that it would receive a grant from the HEB Champions Fund to pay for the playground and adjacent exercise equipment in the park. ALTERNATIVES: None 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: Park & Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $159,579.10* $0.00 $159,579.10 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item (additional revenue) $144,672.80 $0.00 $144,672.80 BALANCE $14,906.30 $0.00 $14,906.30 Fund(s): Community Enrichment Comments: *Budget reflects $150,000 donation by HEB Tournament of Champions Grant being authorized by this action. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet Ordinance Ordinance accepting and appropriating a $150,000 donation from HEB Tournament of Champions Charitable Trust in the No. 4720 Community Enrichment Fund in trust for Bayshore Park playground equipment; and authorizing the City Manager or designee to execute all documents necessary to purchase and install playground equipment from Exerplay, Inc. of Cedar Crest, New Mexico, at Bayshore Park in an amount not to exceed $144,672.80, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. A donation of $150,000 from H -E -B Tournament of Champions Charitable Trust is accepted and appropriated in the No. 4720 Community Enrichment Fund in trust for the purchase and installation of playground equipment for Bayshore Park. SECTION 2. The City Manager or designee is authorized to execute all documents necessary to purchase and install playground equipment from Exerplay, Inc. of Cedar Crest, New Mexico, at Bayshore Park in an amount not to exceed $144,672.80 from the aforementioned donation, such purchase and installation based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb The foregoing ordinance was read for the second time and passed finally on this the day of , 2017, 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 , 2017 ATTEST: Rebecca Huerta City Secretary Dan McQueen Mayor CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM DESCRIPTION QTY. UNIT PRICE SHEET PLAYGROUND EQUIPMENT AND INSTALLATION TLGPC CONTRACT 512-16 EXERPLAY, INC CEDAR CREST, NM UNIT PRICE EXTENDED PRICE 1. Smart Play Venti, DB 1 EA $39,090.00 $39,090.00 2. Global Motion, DB only 1 EA $25,650.00 $25,650.00 3. Single Post Swing Frame 8' Beam Height Only 1 EA $1,220.00 $1,220.00 4. Belt Seat w/Chains ProGuard Chains for 8' Beam Height 2 EA $120.00 $240.00 5. Oodle Swing 1 EA $5,125.00 $5,125.00 6. HealthBeat Ab Crunch/Leg Lift Direct Bury 1 EA $1,570.00 $1,570.00 7. HealthBeat Assisted Row/Push-Up Direct Bury 1 EA $1,370.00 $1,370.00 8. HealthBeat Parallel Bars Direct Bury 1 EA $1,375.00 $1,375.00 9. HealthBeat Pull-Up/Dip Direct Bury 1 EA $1,575.00 $1,575.00 10. Post w/1 Top Attachment Direct Bury 1 EA $780.00 $780.00 11. Post w/2 and 0 Attachments Direct Bury 1 EA $780.00 $780.00 12. Post w/3 Attachmnets direct Bury 1 EA $780.00 $780.00 13. Post w/No Attachment Direct Bury 1 EA $780.00 $780.00 14. HealthBeat Blank Sign Set 4 EA $0.00 $0.00 15. Poured -in -Place 5492 sqft 4 1/2" Thickness for Playground Equip Area 1 EA $71,754.00 $71,754.00 16. Poured -in -Place 1980 sqft 3 1/2" Thickness for Fitness Equip Area 1 EA $25,740.00 $25,740.00 17. Supervised Installation of Equipment per day 4 EA $1,200.00 $4,800.00 18. Payment and Performance Bond Fee 1 EA $4,893.00 $4,893.00 19. Freight/Shipping 1 EA $5,706.00 $5,706.00 20. BuyBoard Contract Discount 1 EA $7,604.45 $7,604.45 21. Courtesy Discount 1 EA $40,950.75 $40,950.75 Total Price $144,672.80 Park SERVICE AGREEMENT NO. 1030 Playground Equipment and Installation for Bayshore THIS Playground Equipment and Installation for Bayshore Park Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Exerplay, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Playground Equipment and Installation for Bayshore Park in response to Request for Bid/Proposal No. Vendor Quote MM120716-4 ("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 playground equipment and installation of poured -in-place surfacing ("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 three 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 $144,672.80, 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, City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 8 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: Joshua Wentworth, Park & Recreation Superintendant Park & Recreation Phone: (361) 826-3483 Email: JoshuaW@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 001 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: Joshua Wentworth Park & Recreation Superintendant Address: 1201 Leopard St., 2nd Floor, Corpus Christi, TX 78401 Fax: (361) 826-3174 IF TO CONTRACTOR: Exerplay, Inc. Attn: Sarah Love Title: Contracts Administrator/Accounting Assistant Address: PO Box 1160, Cedar Crest, NM 87008-1160 Fax: (505) 281-0155 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 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 8 supersedes 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: G har les 3U Title: 3 us,vv, S 4//40eil Date: lit J:;:w, (Di .2Cii i— 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. None 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 CERTIFICATE OF INTERESTED PARTIES 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. ExerPlay, Inc, Cedar Crest, NM United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi FORM 1295 1 of 1 OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-150616 Date Filed: 01/04/2017 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. 1030 Playground Equipment and Surfacing q Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 6 AFFIDAVIT Official Seal VICKI E. WILMARTH Notary Public State of New Mex ic My Commission Expires �0 5 AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity Saxtk. Love - 20 1 ' J , to certify which, witness my hand and seal of office, Signature of offi r administering oath this the 11 414. day of Printed name of officer administering oath Tit e of offi er administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1,0.277 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of January 31, 2017 Second Reading Ordinance for the City Council Meeting of February 14, 2017 DATE: TO: January 17, 2017 Margie C. Rose, City Manager THRU: Annette Rodriguez, 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 Texas Department of Health Services Tuberculosis Prevention and Control -Federal (TB/PC-FED) grant amendment #01 in the amount of $48,345 that includes the requirement of providing a cash match of 20% (=$9,669) of the total grant total for a combined total project cost of $58,014 for the contract period January 1, 2017 through December 31, 2017; and authorizing acceptance of the grant agreement to begin January 1, 2017. CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Tuberculosis Prevention and Control -Federal (TB/PC-FED) grant in the amount of $48,345.00, increasing the total amount to $96,690.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund with a City match of $9,696.00, increasing the total match amount to $19,338.00, to provide tuberculosis prevention and control services for the amended contract period January 1, 2017, through December 31, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin January 1, 2017. PURPOSE: To be used to provide for personnel costs, supplies and other expenses to offer services and associated activities to prevent and control tuberculosis within the jurisdiction of the Corpus Christi-Nueces County Public Health District ("CCNCPHD"). BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant to the CCNCPHD in the amount of $48,345 to provide for personnel costs, supplies and other expenses to offer services and associated activities to prevent and control tuberculosis within the jurisdiction of the Corpus Christi-Nueces County Public Health District. Acceptance of the grant requires a grant match of 20% ($9,669) of the grant amount of $48,345. As approved by the Department of State Health Services, the cash match requirement is satisfied by using 20% of the annual salary of the Public Health Nurse in the TB Clinic whose expense is paid for by the County of Nueces General Fund per the City -County Health District Partnership Agreement. ALTERNATIVES: Refuse the grant and discontinue offering services to prevent and control tuberculosis in the community. OTHER CONSIDERATIONS: None. FINANCIAL IMPACT: ❑ Operating x Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 48,345.00 48,345.00 Encumbered / Expended Amount This item 48,345.00 48,345.00 BALANCE Fund(s): Health Grants Comments: 20% Cash Match required by grant (=$9,669.00) will be satisfied 20% of the annual salary of CCNCPHD (County) Public Health Nurse working in the TB Clinic that is paid by the County of Nueces General Fund. 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 January 1, 2017. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract No. 2016-002508-01 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Tuberculosis Prevention and Control -Federal (TB/PC-FED) grant in the amount of $48,345.00, increasing the total amount to $96,690.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund with a City match of $9,696.00, increasing the total match amount to $19,338.00, to provide tuberculosis prevention and control services for the amended contract period January 1, 2017, through December 31, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin January 1, 2017. 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 $96,690.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the amended contract period of January 1, 2017, through December 31, 2017, to provide continued tuberculosis prevention and control services. Section 2: That the increased grant amount of $48,345.00, is appropriated in the No. 1066 Health Grants Fund to continue the TB/PC-FED grant in the Health Department. Section 3: The amendment includes revisions to Section 7, Statement of Work; Section 7. I -A#2, Provisions of Service; Section 7. I -A#4, Provisions of Service; Section 7. I -B, Use of Funds; Section 7. I -C, Conduct Surveillance; Section 7. I -D, Reporting; Section 7. I -E, Maintain a Competent Workforce; Section 7. I -F, Initiate and Maintain auditing and Quality Assurance Practices; Section 7. III, Billing Instructions; Section 16, Special Provisions; and addition of Section 7. 11, FY17 Performance Measures. Section 4: Further the City Council ratifies acceptance of the grant to begin as of January 1, 2017. A copy of the executed grant shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, 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 , 2017, 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 2017. ATTEST: Rebecca Huerta City Secretary Dan McQueen Mayor Corpus Christi-Nueces County Public Health District (City) DCPS FY17 TB/FED RENEWAL Signature Page DCPS-2017-TB/PC-FED-00013 DEPARTMENT OF STATE HEALTH SERVICES Amendment # 01 The Department of State Health Services (DSHS) and Corpus Christi-Nueces County Public Health District (City) (Contractor) agree to amend Contract No. 2016-002508-00 (Contract), which was effective on January 1, 2016. This Contract has been not been amended prior to this Amendment. This Amendment will be denominated as Contract No. 2016-002508-01. I.The Parties agree to amend Section II of this Contract to add FORTY-EIGHT THOUSAND THREE HUNDRED FORTY-FIVE DOLLARS (48,345.00) to increase the total amount of the Contract not to exceed NINETY-SIX THOUSAND SIX HUNDRED NINETY DOLLARS ($96,690.00). The total amount allocated to Contractor for the period January 1, 2017 through December 31, 2017, will not exceed FORTY-EIGHT THOUSAND THREE HUNDRED FORTY-FIVE DOLLARS ($48,345.00). II.The Parties agree to amend Section IV this Contract to extend the end of the Contract term to December 31, 2017. III.The Parties agree to amend Section 7 by adding the following: The Statement of Work establishes parameters in which local health departments (LHDs) will deliver services to maintain an effective infrastructure that promotes consistent public health practices for the health and well-being of Texans. Local health departments will comply with the most current version of the Tuberculosis Work Plan located at http://www.texastb.org/policies and all applicable state laws, regulations, standards and guidelines. Local health departments will perform the following in accordance with the Tuberculosis Work Plan: 1.Implement a comprehensive TB prevention and control program; 2.Develop and maintain TB policies and procedures; 3.Provide services to evaluate, treat, and monitor clients with suspected or confirmed TB disease; 4.Initiate contact investigations; 5.Provide services to evaluate, treat, and monitor contacts to suspected or confirmed cases of pulmonary, pleural, or laryngeal TB disease; 6.Provide treatment services for at -risk persons diagnosed with TB infection; 7.Develop and maintain surveillance mechanism for early identification and reporting of TB; 8.Perform Targeted testing; 9.Submit designated reports by established deadlines and schedules using DSHS-approved mechanisms; 10.Apply appropriate administrative, environmental, and respiratory controls to prevent exposure to and transmission of Mycobacterium tuberculosis; 11.Provide professional education, training and orientation for new TB program staff and continuing education for current TB program staff; 12.Monitor budget expenditures and maintain accurate and concise records; 13.Comply with confidentiality and security standards; 14.Monitor and participate in correctional TB control activities; 15.Perform self -auditing activities to assess clinical care services and reporting practices; and 16.Perform ongoing continuing quality improvement activities to meet Texas performance measures. IV.The Parties agree to delete in its entirety Section 7. I -A#2, PROVISION OF SERVICES, and replace it with the following: 2. DSHS Tuberculosis Work Plan, http://www.dshs.texas.gov/WorkArea/linkit.aspx? Linkldentifier=id&ItemID=8590001137. V. The Parties agree to delete in its entirety Section 7. I -A#4, PROVISION OF SERVICES, and replace it with 12/20/2016 Corpus Christi-Nueces County Public Health District (City) DCPS FY17 TB/FED RENEWAL Signature Page DCPS-2017-TB/PC-FED-00013 the following: 4. Diagnostic Standards and Classification of Tuberculosis in Adults and Children, American Journal of Respiratory and Critical Care Medicine, Vol. 161, pp. 1376-1395, 2000, http://www.cdc.gov/tb/publications/pdf/1376. VI.The Parties agree to amend Section 7.I -B, USE OF FUNDS, by adding the following: Contractor's budget will include costs to cover: 1.Patient transportation, i.e. ambulance services as needed. VII.The Parties agree to delete Section 7.1-C, CONDUCT SURVEILLANCE, in its entirety and replace it with the following: Contractor will: 1. Contact providers that deliver TB care to at -risk populations within Contractor's service area to obtain data of unreported cases (refer to TB Work Plan); 2. Submit Surveillance Quality Assurance Template via the Public Health Information Network (PHIN) to the Surveillance Branch (refer to TB Work Plan); and 3. Identify high risk groups and congregate settings for which testing for TB infection (TBI) and disease are justified. The goal for target testing is to identify, evaluate, and treat persons who are at high risk for TB infection or at high risk for developing TB disease, once infected with M. tuberculosis (refer to TB Work Plan). VIII.The Parties agree to delete Section 7.1-0 REPORTING in its entirety and replace it with the following: Contractor will: 1. Provide a complete and accurate Annual Progress Report covering the period from January to December for calendar year 2015 and 2016, in the format provided by DSHS, demonstrating compliance with requirements of the contract during that time period. The report will include, but not limited to, a detailed analysis of performance related to the performance measures (see Section 11 FY16 & 17 Performance Measures). The Contractor's Annual Progress Report will not be combined with another Contractor's or health service region's Annual Progress Report. The FY 16 report is due March 15, 2016 and the FY 17 report is due March 15, 2017, and will be sent to the TB Reporting Mailbox - TBContractReporting@dshs.state.tx.us (refer to TB Work Plan). Any individual -level patient data must be sent via the PHIN. Contractors can mail the Annual Progress Report to their DSHS health service region thereby authorizing them to submit the report on their behalf. If the Contractor sends the report to a DSHS health service region, the deadline for submission to the TB Branch remains unchanged; 2.Ensure designated reports for Cases, Suspects and Contact Investigations are submitted by established deadlines and schedules using DSHS-approved mechanisms (refer to TB Work Plan); 3.Submit monthly correctional TB screening reports from those jails and community corrections under Texas Health and Safety Code Chapter 89 Requirements (refer to TB Work Plan); 4. Submit completed Cohort Review documents for the appropriate cohort year and quarter to the TB Branch via the PHIN (refer to TB Work Plan); 5. Submit completed Incident Report(s) and weekly written updates for media sensitive situations and or large contact investigations (>_ 50 contacts, or in a school >_ 25 contacts) to the TB Branch via PHIN (refer to TB Work Plan); 6. Conduct Division of Global Migration and Quarantine (DGMQ) airline contact investigations and report to the TB Branch (refer to TB Work Plan); and 7. Submit a Report of Adverse Drug Reaction to the TB Branch Nurse Case Manager Consultant (or designee), if a TB Suspect or Case dies or is hospitalized due to an adverse drug reaction (refer to TB Work Plan). IX.The Parties agree to add in Section 7. I -E, MAINTAIN A COMPETENT WORKFORCE, the following: By October 14, 2017, Contractor will submit documents demonstrating its TB employee's acknowledgment of 12/20/2016 Corpus Christi-Nueces County Public Health District (City) DCPS FY17 TB/FED RENEWAL Signature Page DCPS-2017-TB/PC-FED-00013 jurisdictional TB policies and procedures. Contractor's orders and procedures are to be reviewed and signed annually by all employees delivering TB clinical or data services. Each Contractor will send the following documents to the TB Branch via the PHIN; Nurse Admin folder: 1. A copy of fully signed TB Policies and Procedures signature page, and 2. A copy of table of contents listing all enacted TB policies and procedures with the period of time the policies and procedures are valid. X.The Parties agree to delete Section 7. I -F INITIATE AND MAINTAIN AUDITING AND QUALITY ASSURANCE PRACTICES: in its entirety and replace it with the following: Contractor must ensure that clinical and reporting standards are maintained for audit activities in accordance with the TB Work Plan. Contractors will fully cooperate with any DSHS audits, desktop reviews and site visits. XI.The Parties agree to add Section 7, II. FY 17, PERFORMANCE MEASURES, with the following: 1.Newly-reported TB cases will have an HIV test performed unless the patient is known to be HIV-positive or if the patient refuses. Contractor will report positive or negative HIV test results to DSHS according to the reporting schedule provided in Section 1, D herein. For FY17 reporting, data will be drawn from calendar year 2016 (1/1/2016 -12/31/2016). A compliance percentage of not less than 84.1% is required. If fewer than 84.1 % of newly reported TB cases have a result of an HIV test reported, then DSHS may, at its sole discretion, require Contractor to take additional measures to improve performance, on a timeline set by DSHS; 2.Cases and suspected cases, of TB under treatment by Contractor will be placed on timely and appropriate Directly Observed Therapy (DOT). For FY17 reporting, data will cover all cases from calendar year 2016 (1/1/2016 -12/31/2016). A compliance percentage of not less than 92.5% is required. If data indicates a compliance percentage for this Performance Measure of less than 92.5%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to performance, on a timeline set by DSHS; 3.Newly-reported suspected cases of TB disease will be started in timely manner on the recommended initial 4 -drug regimen. For FY17 reporting, data will be drawn from calendar year 2016 (1/1/2016 -12/31/2016). A compliance percentage of not less than 93% is required. If fewer than 93.% of newly -reported TB cases are started on an initial 4 -drug regimen in accordance with this requirement, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 4.Newly- reported TB patients that are older than 12 -years -old and that have a pleural or respiratory site of disease will have sputum acid-fast bacilli (AFB) -culture results reported to DSHS according to the timelines for reporting initial and updated results given herein. For FY17 reporting, data will be drawn from calendar year 2015 (1/1/2015 -12/31/2015). A compliance percentage of not less than 91.5% is required. If data indicates a compliance percentage for this Performance Measure of less than 91.5%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 5.Newly-reported cases of TB with AFB -positive sputum culture results will have documented conversion to sputum culture -negative within 60 days of initiation of treatment. For FY17 reporting, data will be drawn from calendar year 2015 (1/1/2015-12/31/2015). A compliance percentage of not less than 52% is required. If data indicates a compliance percentage for this Performance Measure of less than 52%, then DSHS may, at its sole discretion, require additional measures be taken by contractor to improve performance, on a timeline 12/20/2016 Corpus Christi-Nueces County Public Health District (City) DCPS FY17 TB/FED RENEWAL Signature Page DCPS-2017-TB/PC-FED-00013 set by DSHS; 6. Newly diagnosed TB cases that are eligible* to complete treatment within 12 months will complete therapy within 365 days or less. *Exclude TB cases 1) diagnosed at death, 2) who die during therapy, 3) who are resistant to Rifampin, 4) who have meningeal disease, and/or 5) who are younger than 15 years with either miliary disease or a positive blood culture for TB. For FY17 reporting, data will cover all cases from calendar year 2015 (1/1/2015 -12/31/2015). A compliance percentage of not less than 88.2% is required. If data indicates a compliance percentage for this Performance Measure of less than 88.2%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 7.Increase the proportion of culture -confirmed TB cases with a genotyping result reported. For FY17 reporting, data will be drawn from calendar year 2016 (1/1/2016 -12/31/2016). A compliance percentage of not less than 94.2% is required. If data indicates a compliance percentage for this Performance Measure of less than 94.2%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 8.TB cases with initial cultures positive for Mycobacterium tuberculosis complex will be tested for drug susceptibility and have those results documented in their medical record. For FY17 reporting, data will be drawn from calendar year 2015 (1/1/2015 -12/31/2015). A compliance percentage of not less than 96% is required. If data indicates a compliance percentage for this Performance Measure of less than 96%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 9. Newly -reported TB patients with a positive AFB sputum -smear result will have at least three contacts identified as part of the contact investigation that must be pursued for each case. For FY17 reporting, data will be drawn from calendar year 2016 (1/1/2016 -12/31/2016). A compliance percentage of not less than 94% is required. If data indicates a compliance percentage for this Performance Measure of less than 94%, then DSHS may„ at its sole discretion„ require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 10.Newly — identified contracts, identified through the contact investigation, that are associated with a sputum AFB smear -positive TB case will be evaluated for TB infection and disease. For FY17 reporting, data will be drawn from calendar year 2015 (1/1/2015 -12/31/2015). A compliance percentage of not less than 84% is required. If data indicates a compliance percentage for this Performance Measure of less than 84%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 11.Contacts, identified through the contact investigation, that are associated with a sputum AFB smear - positive case and that are newly diagnosed with TBI will be started on timely and appropriate treatment. For FY17 reporting, data will be drawn from calendar year 2015 (1/1/2015 -12/31/2015). A compliance percentage of not less than 72% is required. If data indicates a compliance percentage for this Performance Measure of less than 72%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 12/20/2016 Corpus Christi-Nueces County Public Health District (City) DCPS FY17 TB/FED RENEWAL Signature Page DCPS-2017-TB/PC-FED-00013 12.Contacts, identified through the contact investigation, that are associated with a sputum AFB smear - positive case that are newly diagnosed with TBI and that were started on treatment will complete treatment for TBI as described in Targeted Tuberculin Testing and Treatment of Latent TB Infection (LTBI), Morbidity and Mortality Weekly Report, Vol. 49, No. RR -6, 2000; according to timelines given, therein. For FY17 reporting, data will be drawn from calendar year 2016 (1/1/2016 -12/31/2016). A compliance percentage of not less than 58% is required. If data indicates a compliance percentage for this Performance Measure of less than 58%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 13.For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB, increase the proportion who initiate medical evaluation within 30 days of arrival. Arrival is defined as the first notice or report; whether that is by fax, phone call, visit to the health department or EDN notification. For FY17 reporting, data will be drawn from calendar year 2016 (1/1/2016 -12/31/2016). A compliance percentage of not less than 63% is required. If data indicates a compliance percentage for this Performance Measure of less than 63%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 14.For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB, increase the proportion who initiate and complete evaluation within 90 days of arrival. For FY17 reporting data will be drawn from calendar year 2016 (1/1/2016-12/31/2016). A compliance percentage of not less than 48% is required. If data indicates a compliance percentage for this Performance Measure of less than 48%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; 15. For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB and who are diagnosed with TBI during evaluation in the US, increase the proportion who start treatment. For FY17 reporting, data will be drawn from calendar year 2016 (1/1/2016 -12/31/2016). A compliance percentage of not less than 69% is required. If data indicates a compliance percentage for this Performance Measure of less than 69%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS; and 16. For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB and who are diagnosed with TBI during evaluation in the US and started on treatment, increase the proportion who complete TBI treatment. For FY17 reporting, data will be drawn from calendar year 2015 (1/1/2015 -12/31/2015). A compliance percentage of not less than 49% is required. If data indicates a compliance percentage for this Performance Measure of less than 49%, then DSHS may, at its sole discretion, require additional measures be taken by Contractor to improve performance, on a timeline set by DSHS. Contractor will maintain documentation used to calculate performance measures as otherwise required by this Contract and by 22 Tex. Admin. Code § 165.1. All reporting to DSHS will be completed as described in Section I, "D. Reporting" and submitted by the deadlines given. If Contractor fails to meet any of the performance measures, Contractor will furnish in the Annual Progress Report a written narrative explaining the reasons for the failure and Contractor's plan to prevent future failures. This requirement does not excuse any violation of this Contract, nor does it limit DSHS as to any options available under the contract regarding breach. 12/20/2016 Corpus Christi-Nueces County Public Health District (City) DCPS FY17 TB/FED RENEWAL Signature Page DCPS-2017-TB/PC-FED-00013 XII.The Parties agree to amend Section 7, III. BILLING INSTRUCTIONS by adding the following: Contract assumes full responsibility for services for which an invoice was not submitted to DSHS within 45 -calendar days following the end of the term of the Contract. XIII.The Parties agree to amend Section 16, SPECIAL PROVISIONS, Article VII, Confidentiality, by adding the following: Maintain a list of authorized Contractor staff persons who have been granted permission to view and work with TB/HIV/STD confidential information. The LRP will review the authorized user list ten (10) days from the effective date of this Program Attachment to ensure it is current. All Contractor staff with access to confidential information will have a signed copy of a confidentiality agreement on file and it be updated once during the term of this Program Attachment. Thoroughly and quickly investigate all suspected breaches of confidentiality in consultation with the DSHS LRP, all in compliance with the DSHS Program Policy TB/HIV/STD and Viral Hepatitis Breach of Confidentiality Response Policy" http://www.dshs.texas.gov/hivstd/policy/security.shtm. Ensure that all required quarterly reports will be submitted on time. Requests for TB/HIV/STD systems user account terminations are sent to DSHS within 1 business day of the identification of need for account termination A visitors log for individuals entering the secured areas and reviewed quarterly by the LRP TB/HIV/STD system user passwords changes verified by the LRP at least every 90 days. XIV.The Parties agree to amend Section 16. 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 entirety and replacing it with the following: When applicable, federal statutes, regulations and/or federal grant requirements applicable to funding sources and any updates to such will apply to this Contract. Contractor agrees to comply with applicable laws, executive orders, regulations and policies, as well as Office of Management and Budget (OMB) Circulars (as codified in Title 2, 200 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.shtm. Contractor also shall comply with all applicable federal and state assurances contained in UGMS, Part III, State Uniform Administrative Requirements for Grants and Cooperative Agreements §_.14. If applicable, Contractor shall comply with the Federal awarding agency's Common Rule, and the U.S. Health and Human Services Grants Policy Statement, both of which may be located through web links on the DSHS website at http://www.dshs.state.tx.us/contracts/links.shtm. For contracts funded by block grants, Contractor shall comply with Tex. Gov. Code Chapter 2105. XV.Except as provided in this Amendment, all other terms and conditions in the Contract will remain and be in full effect. XVI.This Amendment is effective on January 1, 2017. By signing this Amendment, the undersigned certify that they have the authority to bind their respective party to this Amendment's terms and conditions. Contractor Signature By signing this Amendment, the undersigned certify that they have the authority to bind their respective party to this Amendment's terms and conditions. Signed By: Date: 12/20/2016 Corpus Christi-Nueces County Public Health District (City) DCPS FY17 TB/FED RENEWAL Signature Page DCPS-2017-TB/PC-FED-00013 DSHS Signature By signing this Amendment, the undersigned certify that they have the authority to bind their respective party to this Amendment's terms and conditions. Signed by: Date: 12/20/2016 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 31, 2017 Action Item for the City Council Meeting of February 14, 2017 DATE: TO: January 13, 2017 Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the Violence Against Women Act (VAWA) Fund. CAPTION: Resolution authorizing the submission of a grant application in the amount of $47,532.77 to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) fund for the Police Department's Family Violence Unit with a city match of $17,314.58, an in-kind match of $8,280, for a total project cost of $73,127.35; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. PURPOSE: Year 18 funding is available from the State of Texas, Criminal Justice Division, under the Violence Against Women Act (VAWA) that provides funds to projects with the primary mission of reducing and preventing violence against women BACKGROUND AND FINDINGS: The grant continues support for the Family Violence Unit that utilizes officers and volunteers to contact family violence victims when a written report is made by a field officer or from a walk-in to the unit at the Police Department. The grant provides funds for one victim case manager to contact victims who often fear retaliation and violence when the offender is released following arrest; contact with an advocate (case manager) can provide information concerning alternatives, available services, and protective orders to avoid continued violence. The case manager serves to establish and encourage a working relationship between social agencies and the Police Department and provides educational opportunities to the community through speaking engagements, distribution of literature, etc. The long term goal of the grant is to provide victims of domestic violence and other serious crimes with crisis intervention, follow up assistance, encourage cooperation with law enforcement, facilitate utilization of available resources, and assist with immediate and long- term safety needs. The State provides $47,532.77 for the salary/benefits of one Victim Case Manager, equipment, supplies, training, and mileage, volunteer hours contribute $8,280 in-kind contribution, and the City contributes $17,314.58 for training, travel, supplies and miscellaneous equipment as the required match. This grant period will be 9/1/2017 — 8/31/2018. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Finance Legal 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 $62,000.00 $62,000.00 $124,000.00 Encumbered / Expended Amount This item $1,442.88 $15,871.70 $17,314.58 BALANCE $60,557.12 $46,128.30 $106,685.42 Fund(s): General Comments: RECOMMENDATION: Staff recommends submission of the grant application LIST OF SUPPORTING DOCUMENTS: Resolution Resolution Authorizing the submission of a grant application in the amount of $47,532.77 to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) fund for the Police Department's Family Violence Unit with a city match of $17,314.58, an in-kind match of $8,280, for a total project cost of $73,127.35; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application in the amount of $47,532.77to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit with a City match of $17,314.58, an in- kind match of $8,280, for a total project cost of $73,127.35. SECTION 2. The City Manager, or the City Manager's designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these State of Texas, Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division in full. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Dan McQueen Mayor 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 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 31, 2017 Action Item for the City Council Meeting of February 14, 2017 DATE: TO: January 13, 2017 Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police Mikema@cctexas.com 886-2603 Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act Fund CAPTION: Resolution authorizing the submission of a grant application in the amount of $281,860.18 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit to continue the Victim Outreach Program with a city match of $60,865.04 and $9,600 in- kind services, for a total project cost of $352,325.22; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. PURPOSE: Year 17 and 18 funding is available from the State of Texas, Criminal Justice Division, which provides funds to projects with the primary mission of providing direct services to victims of crime. BACKGROUND AND FINDINGS: The grant continues the Victim Assistance Program that provides assistance to victims and family members with the goal of lessening the short and long-term trauma experienced as a direct result of victimization. Victims and their family members are provided with information, reassurance, and guidance for resolving problems and referrals to other social service agencies. The grant covers the salary/ benefits for three Victim Case Managers, equipment, supplies, training, and mileage. The case managers provide services to victims including information and referral, criminal justice support and case information, assistance with filing forms for benefits available through the Crime Victims' Compensation under the Texas Crime Victims Compensation Act, informing victims of their rights as victims, advocating on victims behalf with other agencies and within the criminal justice system, and transportation to shelter or to court. Primary and secondary victims of crime are assisted in an effort to stabilize their lives after victimization, help victims to understand and participate in the criminal justice system, and provide victims of crime with a measure of safety and security. The case managers also work closely through coalitions and with other agencies in an ongoing effort to identify needs and to improve the quality and continuity of services to victims in the community. The State provides $281,860.18 for the salary/benefits of two Victim Case Managers and mileage. Volunteer hours contribute $9,600 as an in-kind contribution, and the City contributes $60,865 over the two year period for training, travel, supplies and miscellaneous equipment as the required 20% match. The funding is not on a declining percentage or ending funding cycle. This grant period will be 10/01/2017 — 09/30/2019. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: OMB 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 $62,000.00 $62,000.00 Encumbered / Expended Amount This item $60,865.04 $60,865.04 BALANCE $1,134.96 $1,134.96 Fund(s): General Comments: RECOMMENDATION: Staff recommends submission of the grant application LIST OF SUPPORTING DOCUMENTS: Resolution Resolution Authorizing the submission of a grant application in the amount of $281,860.18 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit to continue the Victim Outreach Program with a city match of $60,865.04 and $9,600 in-kind services, for a total project cost of $352,325.22; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application to the State of Texas, Criminal Justice Division in the amount of $281,860.18 for funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit to continue the Victim Outreach Program with a city match of $60,865.04 and $9,600 in-kind services, for a total project cost of $352,325.22. SECTION 2. The City Manager, or the City Manager's designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these State of Texas, Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division in full. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Dan McQueen Mayor 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 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 31, 2017 Action Item for the City Council Meeting of February 14, 2017 DATE: January 31, 2017 TO: Margie C. Rose, City Manager FROM: Mike Markle, Police Chief mikema@cctexas.com (361) 886-2601 Maria Pedraza, Procurement Manager mariape@cctexas.com (361) 826-3176 Purchase of Police Uniforms CAPTION: Motion approving the purchase of police uniforms from Galls, LLC, formerly Lone Star Uniforms, of Houston, Texas, for a total amount of $70,150.00, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard. Funds have been approved for FY2016-2017. PURPOSE: This item is to approve the purchase of police uniforms for the Police Department. BACKGROUND AND FINDINGS: The purchase will cover the trousers, short and long sleeve shirts, caps, and jackets worn by the police officers. Included in the price per item is: hemming of trousers, sewing on of patches and hash marks on shirts and jackets. All orders have a delivery time of 15 to 20 days on stock items and there will be no freight charges. The Police Department has been utilizing the services of Galls for over one year with exceptional customer service. ALTERNATIVES: No alternatives 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: Police FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $380,370.00 0.00 $380,370.00 Encumbered / Expended Amount $151,377.21 0.00 $151,377.21 This item $70,150.00 0.00 $70,150.00 BALANCE $158,842.79 0.00 $158,842.79 Fund(s): CC Crime Control and General Fund Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM 1. 2. 3. 4. 5. 6. DESCRIPTION Flying Cross 75/25 Poly Wool 4 Pocket Trousers Flying Cross 75/25 Poly Wool Hidden Pocket Cargo Trousers Flying Cross 75/25 Poly Wool SS Uniform Shirt Flying Cross 75/25 Poly Wool LS Uniform Shirt Gerber Thriller SX Duty Jacket with Zip In Soft Shell Liner Midway Cap Police Service Dress Hat PRICE SHEET POLICE UNIFORMS TLGPC CONTRACT 432-13 GALLS LONE STAR UNIFORMS HOUSTON, TEXAS UNIT QTY. UNIT PRICE 350 EA $60.00 250 EA $78.00 350 EA $51.00 100 EA $58.00 30 EA $145.00 30 EA $55.00 Total Price EXTENDED PRICE $21,000.00 $19,500.00 $17,850.00 $5,800.00 $4,350.00 $1,650.00 $70,150.00 6 AFFIDAVIT STEPHANIE CAIN SULLIVAN NOTARY PUBLIC STATE AT LARGE, KENTUCKY COMM. # 512100 MY COMMISSION EXPIRES MAY 22. 2018 AFFIX NOTARY STAMP / SEAL ABOVE I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature o authorized a' -nt of contracting business entity Sworn to and subscribed before me, by the said 12 CAD ti °WW1 CI 20_, to certify which, witness my hand and seal of office. , this the I3tb day of Jat u0 siephahNe Su iiivan grand Mangy ' 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 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: 2017-154357 Date Filed: 01/13/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of husiness. Galls, LLC Lexington, KY 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. 41955 uniforms and accessories for the police dept 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. 0 X 6 AFFIDAVIT STEPHANIE CAIN SULLIVAN NOTARY PUBLIC STATE AT LARGE, KENTUCKY COMM. # 512100 MY COMMISSION EXPIRES MAY 22. 2018 AFFIX NOTARY STAMP / SEAL ABOVE I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature o authorized a' -nt of contracting business entity Sworn to and subscribed before me, by the said 12 CAD ti °WW1 CI 20_, to certify which, witness my hand and seal of office. , this the I3tb day of Jat u0 siephahNe Su iiivan grand Mangy ' 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 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 31, 2017 Action Item for the City Council Meeting of February 14, 2017 DATE: January 31, 2017 TO: Margie C. Rose, City Manager FROM: Mike Markle, Police Chief MikeMa(c�cctexas.com 361-886-2601 Maria Pedraza, Procurement Manager mariape(c�cctexas.com (361) 826-3176 Custodial Services Service Agreement for Police Department CAPTION: Motion authorizing City Manager, or designee, to execute a service agreement with ABM Janitorial Service -South Central, Inc., of San Antonio, Texas for custodial services for the Corpus Christi Police Department, in accordance with Request for Bid No. 170, based on the lowest, responsive, responsible bid for a total amount not to exceed $93,000, with an estimated expenditure of $54,250 in FY 2016-2017. The term of this contract will be for 12 months with options to extend for two additional 12 -month periods at the sole discretion of the City. PURPOSE: This service agreement will provide custodial services for the Main Police Station. BACKGROUND AND FINDINGS: Custodial services will be performed at the main police building located at 321 John Sartain Street. This service will provide two full-time day custodians that will work Monday through Friday from 8:00 a.m. to 5:00 p.m. Nightly custodial services will also be required after normal business hours from 5:00 p.m. until the required services are performed. The Police Department has utilized the services of ABM Janitorial for the past few years and have been satisfied with their services. The City received four responsive bids, and is recommending the award to the lowest, responsive, responsible bidder, ABM Janitorial Service -South Central, Inc. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Police Building Maintenance and Operations FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $245,572.00 $38,750.00 $284,322.00 Encumbered / Expended Amount $38,216.88 $0.00 $38,216.88 This item $54,250.00 $38,750.00 $93,000.00 BALANCE $153,105.12 $0.00 $153,105.12 Fund(s): General Fund Comments: The initial contract term is a total amount not to exceed $93,000, with an estimated expenditure of $54,250 is funded in FY2016-2017. The total contract value will be $279,000.00 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement City of Corpus Christi Purchasing Division Buyer: Michael Gutierrez DESCRIPTION Custodial Services -Main Police Building (Main Police Station and Municipal Court) QTY 12 TOTAL UNIT BID EVENT No. 170 CUSTODIAL SERVICES FOR POLICE DEPARTMENT BID TABULATION World Technical Services, Martin's Janitorial Service Inc. San Antonio, TX Corpus Christi, TX James Janitorial Services, LLC. Cedar Hill, TX ABM Janitorial Service - South Central, Inc. San Antonio, TX UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE MO $11,425.93 $137,111.16 $10,560.00 $126,720.00 $7,865.00 $94,380.00 $7,750.00 $93,000.00 $137,111.16 $126,720.00 $94,380.00 $93.000.00 SERVICE AGREEMENT NO. 817 Custodial Service for Police Department THIS Custodial Service for Police Department Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and ABM Janitorial Services -South Central, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Custodial Service for Police Department in response to Request for Bid/Proposal No. 170 ("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 Custodial Service for Police Department ("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 $93,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 1 of 8 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Pat Eldridge Police Department Phone: 361-886-2743 Email: Pat@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: Pat Eldridge Title: Police Management Service Director Address: 321 John Sartain St. Corpus Christi, Texas 78401 Fax: 361-886-2614 IF TO CONTRACTOR: ABM Janitorial Services -South Central Inc. Attn: Ron Peden Title: Regional Director of Operations -West Texas Address: 10521 Gulfdale St., San Antonio, Texas 78216 Fax: 210-733-6015 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 CONTRACTO Signature: Printed Name: Title: /1 ` Date: 1/ 7.0 i)p24)-er„-4z:b2,/1 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. 170 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 1.1 ATTACHMENT A - SCOPE OF WORK General Requirements The Contractor will provide custodial services at the Main Police Station and Municipal Court, 321 John Sartain St. Corpus Christi, Texas 78401, as described herein. Custodial services apply to all designated spaces including, but not limited to halls, rest rooms, office spaces, reception areas, conference rooms, court rooms, auditorium, weight room, showers, locker rooms, parking lots, work areas, entrance ways, lobbies, storage areas, elevators, warehouse areas, stairways, stairwells, and turning off all lights not required and securing all windows and doors as required for security as each job site is completed. 1.2 Scope of work A. The services the Contractor will provide include furnishing all management effort, supervision, transportation, labor, equipment, approved materials and supplies to perform custodial services as required. B. Custodial Cleaning Duties: Cleaning will include areas under furniture, furnishings, floor mats, and runners. Small pieces of furniture such as tables, chairs, trash cans, etc. will be moved to facilitate cleaning. Large pieces of furniture such as desks, file cabinets, book cases, etc. will not be moved. All furniture and furnishings will be restored to their proper locations after cleaning has been completed. The Contractor will submit to the Contract Administrator for approval a monthly schedule which corresponds to the required tasks and frequencies. Cleaning frequencies, cleaning requirements, summary and special cleaning and/or frequency requirements are specified below as follows: C. Floors 1. 1St Floor Property Room Gun Storage and 2nd Floor Weight Room Gym Floor (Sweep and Mop) a. Daily - Rubber flooring will be swept and mopped daily removing all loose dirt, lint, and foreign matter. 2. Vinyl and Ceramic Tile Floors (Sweep, Mop, and Buff) a. Daily - All vinyl tile floors will be mopped daily with an approved cleaning solution to present a clean appearance, free from dirt, traffic marks, streaks, scuff marks, stains, and foreign matter. b. Daily - Floors will be buffed. c. Daily - When floors cannot be satisfactorily cleaned otherwise, they will be spot scrubbed. d. Daily - Floors will be treated with a rejuvenator or finishing compound as necessary and buffed when completely dry to provide a uniform glossy appearance. e. Daily - All baseboards, doors, and walls will be cleaned of any mop and buffer splatters. f. Daily - Contractor will ensure that contract employees observe all safety precautions including the posting of warnings such as wet floors. g. Bi -Annual - Strip and wax flooring to a high buff finish. 3. Carpeted Floors and Rugs (Vacuum and Spot Clean) a. Daily - Carpeted areas, rugs, and mats will be vacuumed free of all loose soil and debris. b. Daily - Unusual spots, spills, streaks, or stains will be spot cleaned with an approved cleaner. c. Bi -Annual - Shampoo and dry all carpets. D. Rest Rooms and Shower Stalls 1. Three times Daily - (Monday thru Friday) All public restrooms throughout the Police Building will be cleaned twice daily approximate times 10:00 am and 2:00 pm. The night shift will conduct a third cleaning. 2. Daily - (Monday thru Friday between 8:00 am - 5:00 pm) Private office restrooms will be cleaned once daily. 3. Daily - Restroom fixtures, urinals, lavatories, and sinks will be washed inside and outside utilizing a disinfectant and will be free of dirt. 4. Daily - The floor will be wet mopped with a disinfectant. 5. Daily - Floor mats where provided by the City will be cleaned free of dirt and stains. 6. Daily - Walls and partitions will be cleaned free of dirt, streaks, stains, and graffiti to the ceiling. 7. Daily - Mirrors will be cleaned and polished. 8. Daily - All metal and hardware will be clean and bright. 9. Daily - Showers, walls, and floors will be scrubbed free of soap film, dirt, and mildew with an approved cleaner daily. 10. Daily - All waste receptacles will be emptied and trash deposited in dumpster outside the building. 11. Daily - All restroom supply holders including paper towels, toilet tissue, paper toilet seat covers, and soap dispensers will be cleaned and filled daily. 12.Twice Weekly- (Mondays and Thursdays) an approved liquid live bacterial cleaner will be applied to all rest rooms and shower floor drains. 13.Once Weekly - Hard water deposits will be removed weekly from all metal hardware such as water faucets and drinking fountains with approved cleaner. 14. Monthly - The floor will be stripped and a floor sealer will be used but NO WAX will be used. E. Offices, Open Office Space, Conference Rooms, and Court Rooms 1. Daily - Waste baskets will be emptied and a new trash can liner installed if needed, remove torn or wet liners. 2. Daily - All trash will be deposited in dumpster outside the building. 3. Daily - Upon request, white boards, where present, will be erased and washed clean along with trays. 4. Daily - Thoroughly clean all glass surfaces and doors, including glass in doors and partitions. 5. Daily - Doors, woodwork trim, benches, walls, and wall partitions will be wiped and spot free. 6. Daily - Chairs in conference rooms will be neatly arranged around the conference table to present a neat appearance. 7. Daily - Paper Shredding Machines will be emptied, cleaned, and have a new plastic trash bag installed when needed. 8. Weekly- Conference Rooms with wood paneling, wood table, and wooden chairs will be cleaned and polished with a thin layer of furniture polish. 9. Weekly - All furniture, desks, equipment including personal computers, printers, kitchen appliances, snack machines, horizontal ledges, and window sills will be dusted. 10. Weekly - All desks and tables free of papers, documents, and personal effects of City employee will be cleaned or polished as necessary to maintain an acceptable appearance. 1 1. Monthly - Waste baskets will be washed clean free of dirt monthly and when needed if wet or messy. F. Lobbies, Entrances, and Reception Areas 1. Daily - All furniture, fire apparatus, doors, horizontal ledges, and window sills will be dusted and wiped free of dirt and smudges. 2. Daily - Drinking fountains will be cleaned and disinfected. 3. Daily - Glass windows and walls both inside and out along with railings will be cleaned free of soil and markings including entrance glass doors. 4. Daily - Waste baskets will be emptied and a new trash can liner installed if needed, remove torn or wet liners. 5. Daily - All trash will be deposited in dumpster outside the building. 6. Daily - Miscellaneous hardware and bright metal work will be wiped clean daily. 7. Daily - The three main entrances and two stair well entrances to the Police Department door thresh holds will be swept and cleaned to remove any debris caught in the tracks. 8. Weekly - The three main entrances and two stair well entrances to the Police Department door thresh holds will be polished with approved cleaner. 9. Weekly - Miscellaneous hardware and bright metal work will be polished once a week. 10. Weekly - Drinking fountain surfaces are to be polished free of stains, smudges, and chemical scale build up. G. Stairs and Stairwells 1. This includes stairwell landings, stairs, and steps between landings for four stair wells, two interior stair wells which cover five floors, one stair well leading to the exterior of the building covering four floors, and one stair well leading to the exterior of the building covering two floors. 2. NO WAX will be applied to any landing or stairs. 3. Daily - Interior stair landings and steps will be swept daily. 4. Daily - The two stair well exterior entrances to the Police Department metal door thresh will be swept and cleaned to remove any debris caught in the tracks. 5. Weekly - The two stair well exterior entrances to the Police Department metal door thresh will be polished with appropriate cleaner. 6. Weekly - Interior stair landings and steps will be swept, scrubbed, and damp mopped weekly. 7. Weekly - Hand railings, ledges, grills, fire apparatus, and doors will be cleaned and dusted. H. Elevators 1. The two passenger elevators and one service elevator will be cleaned daily. 2. Daily - All surfaces in the interior and exterior of the elevator cab will be cleaned and polished daily. 3. Daily - Stainless steel areas will be cleaned with an approved stainless steel cleaner. 4. Daily - Laminate walls will be wiped with an approved cleaner. 5. Daily - Vinyl tile floors will be swept and mopped free of all loose soil and debris. 6. Weekly - Vinyl tile floors will be waxed and buffed weekly to assure a shiny, clean appearance. I. Refuse Disposal 1. Daily - All loose trash removed from the buildings will be placed in plastic bags deposited in outside dumpster. 2. Daily - All boxes small or larger will be broken down prior to placing in the dumpster. 3. Daily - If requested, the Contractor will pick up and deposit recyclable waste such as computer paper and aluminum cans in containers separate from the general refuse. The City will provide separate containers for deposit of recyclable materials. J. Kitchen, Break Room, and Vending Areas 1 Daily - Waste baskets will be emptied and a new trash can liner installed if needed, remove torn or wet liners. 2. Daily - All trash will be deposited in dumpster outside the building. 3. Daily - All furniture, equipment, appliances, horizontal ledges, and window sills will be dusted. 4. Daily - Stove tops, counter tops, sinks, and the exterior of refrigerator, freezers, microwaves, and conventional ovens will be washed clean free of dirt and foreign material. 5. Daily- All tables, chairs, doors, woodwork, walls, and cabinets will be wiped clean. 6. Daily - Chairs will be neatly arranged around the table(s). 7. Daily - Thoroughly clean all glass surfaces. K. High Cleaning 1. Monthly - Clean all window blinds and office windows to remove all lint, litter, and soil. 2. Monthly - Clean all air vents in offices, conference rooms, hallways, and public spaces to remove all lint, litter, and soil. 3. Monthly - Clean all light fixtures, globes, reflectors, and plastic panels will be cleaned - free of bugs, dust, grease and other foreign matter. L. 911 Call Center 1. Three Times Daily - All Trash must be emptied three times daily in the 911 Call Center, every day of the week - Monday thru Sunday. Times of removal 10:00 am, 2:00 pm, and 8:00 pm. 2. Monthly - Clean and dust all desk computer monitors. M. Exterior 1. Daily - (Monday thru Sunday) All areas exterior to the Police Station building consisting of entrance stairs, landings, smoker's deck, ramps, parking lots, sidewalks, exterior landscaped areas, and porches leading to the first floor entrance and the service ramps will be maintained free of trash and refuse (including small paper, leaves, empty bottles, cans, cigarette butts, and gum). 2. Daily - Trash will be removed from waste and cigarette receptacles located outside the entrances. 3. Daily - (Monday thru Sunday) there are three main entrances to the building as well as two stair well exits/entrances which consist of stairs and landings. Immediately in front of these entrances are to be swept to the far edge of the sidewalk. Scrub and remove any bird deification or gum. 1.3 Invoicing Instructions Contractor's invoices will be submitted to the Contract Administrator and or designee within five working days following the end of each month in which services are performed. Invoices submitted prior to the end of the period will not be processed until the period has been completed. The original of each invoice will have attached a summary of work performed and charges. On verification of work actually performed and receipt of Contractor submittals, the Contract Administrator will process invoices for payment. Payment will be based on a monthly charge based on the contract price. 1.4 Work Site and Conditions A. The work will be performed in the Main Police Building which includes the Main Police Station and Municipal Court on 321 John Sartain St. Corpus Christi, Texas 78401. B. Contractor shall supply the City with a work schedule showing projected work times, days, number and names of personnel. Changes in the work schedule must be approved by the City. C. Normal Business Hours: The Contractor will have two employees, one being a competent Supervisor, assigned to the main Police Building to work from 8:00 a.m. to 5:00 p.m., Monday through Sunday excluding City designated holidays (See Exhibit A). The Supervisor must have written authority to speak and act for the contractor and must be able to respond by phone or in person within 30 minutes and have immediate communications with on-site workers. D. Night Hours: Nightly services will occur Monday through Sunday and are to be performed after normal business hours. Man-hours utilized will be sufficient to ensure required services are performed in a professional manner. Nightly Services are part of the scope in this contract. Contractor will have a Supervisor on site at the Main Police Building during night hours, excluding City designated holidays. E. Weekend Services: Weekend and or holiday cleaning will not require a supervisor on site; however, a supervisor is required to conduct regular site inspections on weekends. Supervisor must be accessible via phone during weekend working hours. F. Restricted or high security areas will be cleaned, as described in the scope of work above, during normal business hours, Monday through Friday, while a City employee is present (See Exhibit B). Contractor employees found to be working in any Police or Municipal Court restricted or high security area who have not been cleared in advance or is unaccompanied by a City employee will be required to leave the area immediately and the Contractor will be fined $500 for each employee, per instance. G. Facilities: The City will make available to the Contractor janitorial closets for storage space. Access to the water closets will be shared in the Main Building 1St, 2nd, 3rd, 4th and 5th floors. The Contractor will assume responsibility for safekeeping of janitorial supplies, equipment and facilities and take adequate precautions to ensure areas are kept clean to prevent fire hazards, odors and vermin. Contractor will obtain and post in a conspicuous place OSHA and safety requirements within the facilities for all chemicals used in the performance of this work. At the completion of the contract, areas will be returned to the City in the same condition as received, except for reasonable wear and tear. The Contractor will be responsible for the cost of any repairs caused by negligence on Contractors part or on the part of Contractor's employees. The City will not provide any office space to the Contractor. The Contractor is responsible, at the Contractor's own expense, to secure and maintain the office space necessary for the performance of the Contractor's work. H. The Contractor will provide all cleaning materials and supplies, necessary for the performance of this contract with the exception of restroom consumables such as toilet tissue, paper toilet seat covers, paper towels, trash can liners, and liquid soap which the City will furnish. Materials and supplies provided will be compatible with equipment provided by the City, of acceptable industry grade and quality, and subject to approval by the Contract Administrator. I. The Contractor is required to furnish all equipment necessary for performance of the contract. Such equipment and use of equipment will be subject to inspection and approval of the Contract Administrator prior and during the life of the contract. 1.5 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. All phases of the services rendered under this contract are subject to inspection by the City both during the Contractor's operation and after task completion. If the Contractor's overall performance is unsatisfactory, the City will so notify the Contractor in writing. The Contractor will reply to such notice in writing. The Contractor will reply to such notice within three working days with appropriate corrective action. 1.6 Safety Requirements A. Accident Reporting: The Contractor will maintain an accurate record of, and will report to the Contract Administrator, all accidents resulting in the death, traumatic injury or occupational disease. All accidents must be reported in writing, in detail, within 24 hours of their occurrence. B. Fire Prevention: The Contractor will familiarize himself and require his employees to become familiar with the method(s) for activating the fire alarm. The Contractor and his employees will observe building regulations regarding smoking and will be cognizant of and observe all requirements for handling and storage of combustible supplies, materials, and daily disposal of combustible waste, trash, etc. C. 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 1.7 Contractor Employees The Contractor will furnish an adequate number of employees to perform all work specified within the contract. Contractor's employees will conduct themselves in a proper and efficient manner at all times, and especially to maintain a business -like relationship with others. All Contractor employees working under this contract will be identified by a distinctive uniform or other outer garment such as a shirt or blouse; a tee shirt is not acceptable. The employee will wear a picture style identification card on the upper outer garment. Such garment and identification will be provided by Contractor and must be approved by the Contract Administrator. Contractor employee/s found without identifying upper, outer garments or ID's will be removed from the building. 1.8 Special Instructions Post Award Security Requirements A. The Contractor will comply with all City Security requirements. Due to the nature of Police and Municipal Court information, Contractor employees must have clear Criminal History Backgrounds and this must be verified before each employee is cleared to work in the building. The Contractor will submit the name, address, Social Security Number, height, weight, date of birth, copy of driver's license or picture ID of the Contractor and each employee hired for work on this contract, a completed Personal History Statement and other forms may be required for security. It will be the Contract Administrator's decision whether a Contractor's employee is acceptable to work in the Police/Municipal Court areas. B. Contractor employees found to be working in any Police or Municipal Court area who have not been cleared in advance will be required to leave the area immediately and the Contractor will be fined $500 for each employee, per instance. Changes in personnel will be furnished to the Contract Administrator, in writing, prior to making such changes or before personnel begin working on the property. C. Pre-Performance Conference: Prior to commencing work under this contract, the Contractor will meet in a conference with the Contract Administrator to discuss and develop mutual understandings relative to the execution of this contract. A contract incorporating the provisions of these specifications will be provided by the City for execution by the successful Contractor. D. Performance Evaluation Meetings: The Contractor's Manager will visit the Contract Administrator or designated representative monthly. Additional meetings will be held at the discretion of the Contract Administrator, but not less often than monthly. A mutual effort will be made to resolve all problems identified. Exhibit A CITY RECOGNIZED HOLIDAYS 1. The first day of January (New Year's Day). 2. The last Monday of May (Memorial Day) . 3. The fourth day of July (Independence Day). 4. The first Monday of September (Labor Day). 5. The fourth Thursday and Friday of November (Thanksgiving Day). 6. The twenty-fifth day of December (Christmas Day). When a holiday listed above falls on a Sunday, the following business day shall be considered a holiday. When any holiday listed above falls on a Saturday, the preceding Friday shall be considered a holiday. In addition to the above, any day may be designated a holiday by proclamation of the Mayor, upon approval of the City Council. The Contractor must get an approval from the Contract Administrator for a skeleton crew to work holidays. Exhibit B RESTRICTED AREAS Cleaning Occurs - Monday thru Friday, 8:OOam to 5:OOpm excluding City holidays. 1st Floor: Property Warehouse 2nd Floor: Director of Municipal Courts 4th Floor: Forensics - offices and labs 5th Floor: Chief of Police (clean at 8:00 A.M.) Assistant Chief of Police (3 offices) Room 525 Date: November 16, 2016 ATTACHMENT B - BID/PRICING SCHEDULE CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 170 Custodial Services for Police Department Authorized Bidder: ABM Janitorial Services - South Central, Inc. 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. Description QTY Unit Unit Price Total Price Custodial Services -Main Police Building (Main Police Station and Municipal Court) 12 MO $ 7,750.00 $ 93,000.00 ATTACHMENT C - INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Chief of Police 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 CRIME POLICY $50,000 per occurrence 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 CCPD Custodial Services 08/31/2016 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. 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: 2017-152958 Date Filed: 01/11/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. ABM Janitorial Services - South Central, Inc. San Antonio, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Service Agreement No. 817 janitorial services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT AFFIX Sworn 20 I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. r----/-,,(.1-- /----- KATHERINE G FAZ 1,. Notary Public VG :1c of Texas '` My Commission# 130777202 4 My Comm. Exp. Aug. 11, 2020 NOTARY STAMP / SEAL ABOVE to�nd subscribed before me, by the said . , to certify which, witness my hand and Signature of authorized agent of contracting business entity i�j en r Q 11. / //yJ�(�� �1 , this the G { .71-kay of �K %1 &A,7 seal of office. /6144rox ne. C7 61- ake /'�(liz'~a.. 4 , ' 2 Signature of officer dministering ath,' Printed name of officer administering oath Title of officer adm ifs stering oath orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 31, 2017 Action Item for the City Council Meeting of February 14, 2017 DATE: January 31, 2017 TO: Margie C. Rose, City Manager FROM: Lawrence Mikolajcyk, Director of Solid Waste Operations LawM(c�cctexas.com (361)826-1972 Maria Pedraza, Procurement Manager MariaPe(c�cctexas.com (361)826-3176 Purchase and Installation of Scale at JC Elliott Transfer Station CAPTION: Motion authorizing City Manager, or designee, to execute a service agreement with Brian Baldwin dba Baldwin Scale Co., of Corpus Christi, Texas, for the purchase and installation of a scale, in accordance with Request for Bids No.174, based on lowest, responsive and responsible bid for a total not to exceed $56,750, which is funded in FY2016-2017. PURPOSE: The purpose of this agreement is for the purchase and installation of a scale for the JC Elliott Transfer Station. BACKGROUND AND FINDINGS: At the present time, the JC Elliott Transfer Station has only one operational scale which is approximately 20 years old. The scale being replaced is beyond any repairs since structurally it has exceeded its useful life. A total of two bids were received, of which one was deemed nonresponsive. Baldwin Scales Co. provided the lowest, responsive and responsible bid. 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: Solid Waste Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $57,000.00 $0.00 $57,000.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $56,750.00 $0.00 $56,750.00 BALANCE $250.00 $0.00 $250.00 Fund(s): General Fund Comments: Funds for the Solid Waste Department in the amount of $56,750 is budgeted in FY 2016-2017. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: Fidel Rodriguez BID TABULATION EVENT - 174 SCALE REPLACEMENT AT JC ELLIOTT TRANSFER STATION December 6, 2016 Recorded by: Fidel Rodriguez Supplier TOTAL: $56,750.00 Non -Responsive Baldwin Scale A-1 Scale Corpus Christi, Texas San Antonio, Texas Unit Extended Unit Extended Item Description Qty. Unit Price Price Price Price 1 Scale at JC Elliott Transfer Station 1 each $ 51,950.00 $ 51,950.00 2 Freight 1 each $ 4,800.00 $ 4,800.00 Received bid after the closing time. Bid was submitted via e-mail. TOTAL: $56,750.00 Non -Responsive SERVICE AGREEMENT NO. 927 Scale Replacement at JC Elliott Transfer Station THIS Scale Replacement at JC Elliott Transfer Station Agreement ("Agreement")is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Brian Baldwin dba Baldwin Scale Co. ("Contractor), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Scale Replacement at JC Elliott Transfer Station in response to Request for Bid/Proposal No. 174 ("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 Scale Replacement at JC Elliot Transfer Station ("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 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 $56,750.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 8 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Tony Benavides Department: Solid Waste Department Office: 361-826-1633 / Mobile: 361-510-4793 Email: tonyb@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: Tony Benavides LandFill Manager Address: Corner of 286 and Ayers (7001 Ayers) Fax IF TO CONTRACTOR: Baldwin Scale Co. Attn: Brian Baldwin Title: Owner Address: P.O. Box 7139, Corpus Christi, Texas 78467 Fax: 361-884-6750 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 Contractorwritten 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 Printed Name: rl 5Ccz AP, Co, r- 1 c.n P)nici Title: C)(-)1.3 fl(' - Date: 1 Z 22 qv 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. 174 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 1.1 General ReguirementsfBackground Information The Contractor shall provide a truck scale at JC Elliott Landfill as outlined in this Scope of Work. The existing scale is no longer manufactured, it is very important that the new scale fits the same foundation and ties into the existing software. 1.2 Scope of Work A. General Motor Truck Scale Specifications 1. Weighbridge and load cells, shall be of one manufacturer to maximize compatibility and availability of components. 2. Furnish and install one steel deck motor truck scale, specified options and peripheral devices. 3. The scale weighbridge shall have an overall weighing surface of not less than 60 feet long and not less than 11 feet wide. 4. The scale shall be fully electronic in design and shall not incorporate any mechanical weighing elements. S. The scale shall have a nominal capacity of 200,000 pounds graduated in 20 - pound increments. 6. The scale shall have a dual tandem axle capacity (Concentrated Load Capacity) CLC of no less than 100,000 lbs. 7. The load cells shall be of stainless steel construction and sealed to IP68 rating. All load cell mounting hardware shall be galvanized steel or stainless steel construction. The load cell cables shall have poly -coating over a stainless sheath. 8. The scale shall meet the requirements set forth by the current edition of the National Institute of Standards and Technology Handbook 44 (NIST H-44). The scale manufacturer shall provide a Certificate of Conformance (NTEP Certification) to these standards upon request. 9. The design and manufacture of the scale weighbridge, load cells and associated accessories shall be of one manufacturer as to maximize compatibility and availability of components. This manufacturer shall be certified ISO9001. 10. The scale shall be a B-TEK Scales Model: Centurion CT -6011 -AT or equivalent. B. Motor Truck Scale Installation 1. The existing foundation shall be used for the new scale. 2. The existing scale will be remove from the foundation and hauled away from site. 3. All dirt and debris will be removed from the foundation and make ready for the new scale. 4. The Scale will bolt down to the existing foundation. 5. No modifications or additions to the foundation will be allowed. Measurements of the pad for the new scale and pictures of the current scale are attached. C. Motor Truck Scale Weighbridge Specifications 1. The scale weighbridge shall have a dual tandem axle capacity (Concentrated Load Capacity) CLC of no less than 100,000 lbs. 2. The weighbridge shall consist of prefabricated modules designed with full length removable center and full width sectional cover plates. The removable cover plates provide convenient top access to all load cells. They also insure easy access and clear visibility when cleaning the foundation 3. The weighbridge main beams shall be minimum of WF12"@30 Ib. / ft. built in a "BRIDGE" design such that all structural components are exposed to ambient air. The "BRIDGE" design insures that the main structural components do not corrode due to trapped moisture inside and enclosed / sealed type weighbridge design. 4. The weighbridge decking shall be no Tess than 3/8" thick thread plate. 5. The scale weighbridge assemblies shall incorporate no bolted connections between the Toad cell and weighbridge assemblies 6. The weighbridge platform shall be provided with side-to-side and end -wall checking assemblies. The side checking assemblies shall be integrated into the Toad cell base plates. End -wall bumper plates shall be embedded or bolted to the end -walls. 7. The Toad cell base plates shall have a minimum thickness of 1/2" and shall be anchored securely to the scale foundation. D. Motor Truck Scale Weighbridge Surface Preparation and Finish Specifications 1. The weighbridge structural members shall be shot blasted to a minimum SSPC-SP6 specification prior to painting. 2. All exposed weighbridge surfaces shall be coated with a cross-linked two- part epoxy (2-4 mil) coat followed by a two-part UV resistant polyurethane (2-4 mil) top coat finish. Single paint systems will not be accepted. E. Motor Truck Scale Load Cell Specifications 1. Each load cell shall have a minimum capacity of 77,000 Ib. (35T) 2. Load cells shall be NTEP certified. A Certificate of Conformance shall be provided by the manufacturer upon request. 3. Load cells shall have an analog millivolt output. Digital type load cells or externally mounted digital conversion boxes will not be accepted. 4. The load cell assembly shall be a compression column type and have no positive fixed mechanical connectors, such as bolts or links that are required in mounting the load cell to the weighbridge or foundation base plates. 5. The load cell shall not require check rods or chain links for stabilization. 6. The load cell shall be laser welded stainless steel construction and hermetically sealed. The load cell shall have a minimum rating of IP68 (NEMA 6P) that allows short-term submersion without loss of function or damage. 7. The load cell shall have a permanently attached load cell cable. Load cells with screw -on or twist -lock type removable connectors will not be accepted. 8. The load cell cable shall be poly -coated stainless steel sheathed for environmental, moisture and rodent protection. 9. Load cells shall be B-TEK Model CPR -M or equivalent. F. Motor Truck Scale Instrumentation Specifications 1. The scale instrument shall be NTEP certified. A Certificate of Conformance shall be provided by the manufacturer upon request. 2. The scale instrument shall be housed in an enclosure that is suitable for desktop mounting. 3. The scale instrument shall use full text (descriptive word) based prompts for entry of setup and calibration parameters. Data and configuration parameters shall be entered through the instruments alpha -numeric keypad - no external keyboard shall be required. 4. The scale instrument shall provide multiple digital filtering parameters of the displayed weight. 5. The scale instrument shall only receive a millivolt analog signal from the load cells. There shall be no analog to digital conversion function performed outside of the scale instrument. Junction boxes that perform analog to digital conversion will not be accepted. 6. The scale instrument shall have preconfigured software to perform truck in / out weighments. 7. Contractor will integrate the scales and corresponding instrumentation with the current scale reporting software: AutoScale CMRS by Mettler Toledo. 8. The scale instrument shall have gross/net weight switching and the ability to recall the gross or tare weights in the net mode. 9. The scale instrument shall be capable of being programmed and calibrated in pounds or kilograms 10. The scale instrument shall have a (2) standard communication ports. One provides bi-directional RS232C and the second can be configured for RS232C, RS422 or RS485. The port shall be capable of receiving a remote print command vial serial communication or hard wire input. 11. The scale instrument shall have Ethernet communication card. 12. The scale instrument shall have a standard analog output providing either 4- 20mA or 0-10V. 13. The scale instrument shall have (2) standard optically isolated inputs. 14. The scale instrument shall have (2) standard relay output contacts. 15. The scale instrument shall have addition slots available for additional option cards. 16. The scale instrument shall have a built in clock / calendar. 17. Scale instrument shall be B-TEK model D410 or equivalent. G. Motor Truck Scale Junction Box and Cable Specifications 1. All junction boxes shall be rated NEMA 4X and be constructed of fiberglass reinforced plastic (FRP). Junction boxes made of metal will not be accepted. 2. Load cell cables shall be poly coated stainless steel sheathed for environmental, moisture and rodent protection. 3. Junction boxes shall contain 4 -cell summing card with individual cell and sectional trim pots. Summing boards with more than 4 -cell inputs will not be accepted. 4. The summing card (s) provide must have surge voltage protection devices such as fast acting Gas Discharge Tubes to help protect the connected load cells from surge voltage and lightning. H. Motor Truck Scale Lightning Protection Specifications 1. A comprehensive lightning protection system shall be provided with the scale. 2. The system shall not require complicated wiring or devices to provide this protection. 3. Lightning protection system shall cover load cells and unction boxes 4. An AC line surge protection device shall be provided for the scale indicator. I. Motor Truck Scale Warranty Specifications 1. The Scale manufacturer shall warrant the scale weighbridge structure, all load cells and junction boxes for a period of five - years from date of acceptance after installation from failures due to a defect in manufacturing, workmanship and lightning / surge voltages. 2. Within the 5 -year warranty period, the manufacturer shall cover the cost of replacement parts due to general failure, workmanship and lightning / surge voltages. 3. The manufacturer and / or its local representative shall present a program of regular maintenance and calibration services, including the associated inspection costs. Inspection shall occur at a minimum of once every six months and shall comply with the guidelines set forth by the manufacturer, local regulations, and NIST H-44. The biannual inspections are required to meet the terms of the warranty. Date: 12-02-16 Attachment B: Bid / Pricing Schedule CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 174 Scale Replacement at JC Elliott Transfer Station Authorized Bidder: Baldwin Scale Co. Signature: PAGE 1 OF 1 Brian Baldwin 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, Item Description UNIT QTY Unit Price Total Price 1 Scale at JC Elliott Transfer Station QTY 1 $ $ 51,950,00 2 Freight QTY 1 $ $ 4,800.00 Total $56,750.00 Attachment C: INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of 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 all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability INSTALLATION FLOATER Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 Value of the equipment 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 Solid Waste Scale Install/Replacement - JC Elliott Transfer Station 09/26/2016 my Risk Management Attachment C: Bond Requirements No Bond required for the Service Agreement Attachment D: Warranty Requirements 1. The Contractor's manufacturer shall warrant the scale weighbridge structure, all load cells and junction boxes for a period of five - years from date of acceptance after installation from failures due to a defect in manufacturing, workmanship and lightning / surge voltages. 2. Within the 5 -year warranty period, the Contractor's manufacturer shall cover the cost of replacement parts due to general failure, workmanship and lightning / surge voltages. 3. The Contractor's manufacturer and / or its local representative shall present a program of regular maintenance and calibration services, including the associated inspection costs. Inspection shall occur at a minimum of once every six months and shall comply with the guidelines set forth by the manufacturer, local regulations, and NIST H-44. The biannual inspections are required to meet the terms of the warranty. 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: 2016-145902 Date Filed: 12/13/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Baldwin Scale Co. 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. RFB174, Service Agreement# 927 Scale Replacement at JC Elliott Transfer Station 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Baldwin, Brian 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. ,. ...... -CRYSTAL 'lr'. --711177;17-67/1767/76--.4:',I1/40.N''• R:4• M YEVERNO ?0;•,jo�Notary Public, State of Texas as "011111 ;. ,, Comm. Expires 06.29.2020 % Notary ID 13072208.4 i�4°,,tt --- - Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP /SEAL ABOVE Swor t and subscribed before me, by the said V v 1 day o1 1 • 1 ( �, this the 11 _/� __. _ 20 ? , to certify which, witness my hand and seal of office. 1 I . ..� ) (--- . i) lk� ..t iL..... IA ,IS ( , \ �stext Ylt7 /1 n,k-?,r" Sii,�{ ture of offi ■I er ad''i)ttir ring oath Print• i name *f officer administeri oath Title o biftcer administering oath / f Forms provided by Texas Etltie!s Commission www.ethics.state.tx.us Version V1.0.277 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 31, 2017 Action Item for the City Council Meeting of February 14, 2017 DATE: January 31, 2017 TO: Margie C. Rose, City Manager FROM: Lawrence Mikolajcyk, Director of Solid Waste Operations LawM(c�cctexas.com (361)826-1972 Maria Pedraza, Procurement Manager MariaPe(c�cctexas.co (361)826-3176 Servicing of Scales at Landfills Cefe Valenzuela and JC Elliott CAPTION: Motion authorizing City Manager, or designee, to execute a service agreement with A-1 Scale Services, Inc., of San Antonio, Texas, for the servicing of six scales, in accordance with Request for Bid No. 148, based on the lowest, responsive and responsible bid for a total amount not to exceed $29,300.00 of which $19,533.33 has been budgeted in the General Fund for FY2016-2017. The term of this contract will be for one year with option to extend for two additional one-year periods, at the sole discretion of the City. PURPOSE: The purpose of this agreement will provide on-call scale services at the Cefe Valenzuela and JC Elliott Landfills. BACKGROUND AND FINDINGS: Award recommendation is based on lowest responsive responsible bidder. The servicing of scales will be done to the scales located at the Cefe and JC Elliott Landfills. Due to the high volume of traffic, the City depends on the accuracy of the scales; therefore, it is imperative that these scales be inspected and calibrated on a quarterly basis. JC Elliott has two scales, which are an inbound and an outbound scale and Cefe Valenzuela has four Mettler Toledo scales. A total of three bids were received, of which one was deemed non-responsive. A-1 Scale Services, Inc. provided the lowest, responsive and responsible bid. 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: Solid Waste FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $131,491.12 $9,766.67 $141,257.79 Encumbered / Expended Amount $59,333.60 $0.00 $59,333.60 This item $19,533.33 $9,766.67 $29,300.00 BALANCE $52,624.19 $0.00 $52,624.19 Fund(s): General Fund Comments: The initial contract term is a total amount not to exceed $29,300.00, with an estimated expenditure of $19,533.30 to be funded in FY2016-2017. The total estimated contract value will be $87,900.00 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: Fidel Rodriguez BID TABULATION EVENT - 148 Servicing of Scales at Landfill Locations December 6, 2016 Recorded by: Fidel Rodriguez Supplier Supplier Supplier TOTAL: $29,300.00 $39,225.00 Non -Responsive Al Scales Inc Baldwin Scales P & S Scale Co Location Corpus Christi, Texas Corpus Christi, Texas Corpus Christi, Texas Unit Extended Unit Extended Unit Extended Item Description Qty. Unit Price Price Price Price Price Price 1 Calibrations with Certificates -JC Elliott 8 each $ 450.00 $ 3,600.00 $ 762.50 $ 6,100.00 2 Calibrations with Certificates - Cefe Valenzuela 16 each $ 1,000.00 $ 16,000.00 $631.25 $ 10,100.00 3 Inspection with Reports - JC Elliott 8 each included $ 337.50 $ 2,700.00 4 Inspection with Reports - Cefe Valenzuela 16 each included $ 293.75 $ 4,700.00 5 Repair Allowance - Hourly Rate: ( Normal Business Hours 8am to 5pm) 80 hrs $ 80.00 $ 6,400.00 $ 125.00 $ 10,000.00 6 Repair Allowance - Hourly Rate: ( After Normal Business Hours 8am to 5pm) 30 hrs $ 110.00 $ 3,300.00 $ 187.50 $ 5,625.00 TOTAL: $29,300.00 $39,225.00 Non -Responsive SERVICE AGREEMENT NO. 928 Servicing of Scales at Landfill Locations THIS Servicing of Scales at Landfill Locations Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and A-1 Scale Services, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Servicing of Scales at Landfill Locations in response to Request for Bid/Proposal No. 148 ("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 Servicing of Scales at Landfill Locations ("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 $29,300.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 8 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Tony Benavides Department: Solid Waste Department Office: 361-826-1633 / Mobile: 361-510-4793 Email:tonyb@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: Tony Benavides LandFill Manager Address: 2525 Hygeia, Corpus Christi, Texas 78401 Fax: 361-826-4575 IF TO CONTRACTOR: A-1 Scale Services, Inc. Attn: David Morgan Title: Service Manager Address: 4807 N.W. Industrial Dr., San Antonio, Texas 78238 Fax: 210-521-1333 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: 1) r Title: -IVI Date: 41, 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: RF8/RFP No. 148 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 1.1 General Requirements/Background Information The Contractor shall provide Servicing of Scales at Landfill Location as outlined in this Scope of Work. 1.2 Scope of work A. Provide four calibrations, (quarterly), along with certifications per year for two scales at JC Elliott Transfer Station. • JC Elliott LF Make: Unibridge Model: N/A 1. (1) - *Inbound Scale: indicator known as JAG EXTREME 2. (1) - Outbound Scale: indicator known as IND 560 * This scale is in the process of being replaced. B. Provide four calibrations, (quarterly), along with certifications per year for four scales at the Cefe Valenzuela Landfill. • (4) - Cefe LF Make: Mettler Toledo Model: 756 C. Perform inspection of scales (quarterly before calibration) to include a detailed report to the Contract Administrator showing the integrity of scale but not limited to load cells, wiring, and structural functionality: 1. If a repair is required, the Contractor will provide the Contract Administrator an estimate of the needed hours to complete the repair. The hourly rate provided on the price sheet will be used to determine the cost of the repair. 2. If parts are required, new and unused parts will be used for all repairs. 3. Repairs are to be performed in a timely manner. 4. Contractor must respond within 24 hours of receiving initial call out. 5. At the end of the service call the contractor shall provide a detailed report of the failure and repair / replacement executed listing the asset number, make, model and part number. 1.3 Work Site and Conditions The work shall be performed at the following locations: 1. JC Elliott Transfer Station Corner of 286 and Ayers Corpus Christi, Texas 78401 2. Cefe Valenzuela Landfill. 2397 CR 20 Robstown, Texas 78380 Date: Attachment B: Bid / Pricing Schedule CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 148 Servicing of Scales at Landfill Locations C� 1 Authorized Bidder: N-1 S(cL- SrTrIc Signature: e Page 1 of 1 I. 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. I item Description UNIT QTY Unit Price Extended Price 1 t Calibrations with Certificates -JC Elliott EA 8 5 4,1_5(3°'-' $ 3(.W Z Calibrations with Certificates-Ce€e Valenzue!o Landfill EA 16 I� c? $ IGb o,� 3 Inspection with Report- JC Elliott EA EA 8 16 bli~i.a [,.s l Livid $ $ I 4 inspection with Report- Cele Valenzuela Landfill i 5 Repair Allowance- Hourly Rate: (Normal Business Hours Sam to 5pm) HRS 80 i?df f it�f ' ! 1 � $ k4b0 t— 6. � Repair Allowance- Hourly Rate: (AfterIr Normal Business Hours including Holidays) HRS 30 1°110(r$ 1 3360(' Total including Allowance $ L%5Jc) r'- 1 1 Attachment C: INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director, Solid Waste one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury I $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 Solid Waste Cefe Landfill and JC Transfer Stn Scale Calibrations 06/28/16 my Risk Management Attachment C: Bond Requirements No Bond required for the Service Agreement Attachment D: Warranty Requirements No warranty required for the Service Agreement CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 4 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: 2016-145304 Date Filed: 12/12/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. A-1 Scale Service, Inc. San Antonio, TX United States 2 N ameof goyernm ental entity or sate age rcythatis aparty 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 servic es, goods, or other property to be provided under the contract. 928 Inspect, calibrate, install and repair of vehicle scales located at both landfills Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signatur- . - :•--7i . ent of contracting busine entity AFFIX NOTARY STAMP / SEAL ABOVE �F,,� /�a. /� Sworn to and subscribed before me, by the said _/ `P r • , 1A.'— , this the /J day of OCL C!%11'K9 20] , to certify which, witness my hand and seal of office. / f r i /t, /.9.)G: "� t i ;1 cite!! 1 ,/i� � ' ll 1 II 1 �I f�IL ."i '., : F 1 :`s :( 1'� �. is MICHELLE LOPEZ GARCl M Nob ID # 130289132 Y Yp �nry ', .1., Expires ,�,/ I Sig»aivice 01 onicer aarnlnl erzl vath Printed name of officer administering oath ,�f._.t. kr/ Q179. N� 9 ...._ A-11,11-a,—Si Forms provided by Texas Ethics Commission www.ethics.state.txus Ver3ion V1.0.277 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 31, 2017 Action Item for the City Council Meeting of February 14, 2017 DATE: January 31, 2017 TO: Margie C. Rose, City Manager FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations lawm@cctexas.com 361-826-3932 Maria Pedraza, Procurement Manager MariaPe(c�cctexas.com (361) 826-3176 Lease -purchase of Refuse and Recycle Containers (Carts) CAPTION: Motion authorizing City Manager, or designee, to lease -purchase from Cascade Engineering, Inc., of Grand Rapids, Michigan, 9,440 96 -gallon refuse containers and 1,870 96 -gallon recycle containers for a total amount of $569,409.99, with an estimated expenditure of $66,431.05 in FY2016-17. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Government (H - GAC). The containers will be used in the City's automated collection program. Lease -Purchase Price $534,736.80 Interest $34,673.19 Total $569,409.99 PURPOSE: Approval to lease -purchase refuse and recycle containers. These containers are provided for use to Solid Waste customers to serve their refuse and recycling needs. BACKGROUND AND FINDINGS: The containers will be distributed to new customers, customers requesting additional containers and customers requesting replacements for damaged and stolen carts. The Solid Waste Department dedicates two full-time employees to the distribution, collection and maintenance of carts for approximately 88,000 customer accounts. The entire city is currently on the automated collection program which was first implemented in 2002. The plastic carts have standard 10 year warranties, and many of the original carts issued in 2002 remain in service today. The replacement of damaged wheels is the most common type of repair, especially to the older carts. Carts that are damaged and deemed unserviceable, are collected and recycled by the Solid Waste Department. ALTERNATIVES: N/A OTHER CONSIDERATIONS: The containers lease purchase will be funded for a sixty month period with an estimated interest rate of 2.5%. The actual interest rate will be determined after the acceptance of the containers. Seven payments, totaling $66,431.05 are anticipated for FY 2016-2017, with the first payment in March 2017. Monthly payments of approximately $9,490.15 will continue until the last payment is issued in January 2022. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $2,793,605.19 $502,978.94 $3,296,584.13 Encumbered / Expended Amount $2,726,881.64 $0 $2,726,881.64 This item $66,431.05 $502,978.94 $569,409.99 BALANCE $292.50 $0 292.50 Fund(s): General Fund Comments: Funding for this lease -purchase approved for the FY 2016-17 budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: LYDIA JUAREZ ITEM 1 2. DESCRIPTION 96 Gallon Trash Carts (9690739) Product Code: AC044 96 Gallon Recycle Carts (9690720) Product Code: AC044 Note: Cart price includes in -molded labels and freight PRICE SHEET CASCADE ENGINEERING, INC. HGAC: RC01-16 CASCADE ENGINEERING, INC. GRAND RAPIDS, MICHIGAN UNIT QTY. UNIT PRICE 9440 EA $47.28 1870 EA $47.28 EXTENDED PRICE $446,323.20 $88,413.60 Total Price $534,736.80 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: 2017-153495 Date Filed: 01/12/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Cascade Engineering, Inc. Grand Rapids, MI 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. N/A Trash and Recycle Carts Supply Agreement 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 if there is NO Interested Party. Check only X 6 AFFIDAVIT I swear, or CA001. A. HINOLEY public. State of Michigan y County of Kent My Commission Expires 09- 0 affirm, under penalty of perjury, that the 1~Notary � above disclosure is true and correct. :OkSP P t 'Acting In the County o Signature of authorzed agent of contracting business entity , this the 12tH day of January AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said Jo-Anne Perkins 20 17 , to certify which, witness my hand and seal of office. Municipal Contracts Manager rot 40'7 ,fi Carol A. Hindley Signature of officer administering of 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 January 31, 2017 Action Item for the City Council Meeting of February 14, 2017 DATE: January 31, 2017 TO: Margie C. Rose, City Manager FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations LawM@cctexas.com (361)826-1972 Maria Pedraza, Procurement Manager MariaPe@cctexas.co (361)826-3176 Electrical Services Service Agreement for Cefe Valenzuela Landfill and JC Elliott Transfer Station CAPTION: Motion authorizing City Manager, or designee, to execute a service agreement with Scott Electric Co., of Corpus Christi, Texas, for electrical services in accordance with Request for Bid No. 175 based on the lowest, responsive, responsible bid for a total amount not to exceed $33,600, with an estimated expenditure of $19,600 in FY2016-17. The term of this agreement is for 12 months with option to extend for up to three additional 12 -month period at the sole discretion of the City. PURPOSE: The purpose of this agreement will provide on-call electrical services for Cefe Valenzuela Landfill and JC Elliott Transfer Station. BACKGROUND AND FINDINGS: The capability to have on-call service for electrical repairs is critical to the operations to ensure electrical panels and sump pumps remain in continuous operation. Faulty or off- line equipment at these locations can possibly lead to regulatory violations from Texas Commission on Environmental Quality. The City received two responsive bids, and is recommending the award to the lowest, responsive, responsible bidder, Scott Electric Co. 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: Solid Waste Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $131,491.12 $14,000.00 $145,491.12 Encumbered / Expended Amount $59,333.60 $0.00 $59,333.60 This item $19,600.00 $14,000.00 $33,600.00 BALANCE $52,557.52 $0.00 $52,557.52 Fund(s): General Fund Comments: The initial contract term is not to exceed expenditure of $33,600, with an estimated expenditure of $19,600 of which will be funded in FY 2016-2017. The total estimated contract value will be $134,400 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: Fidel Rodriguez BID TABULATION EVENT - 175 Electrical Services for the Cefe Valenzuela and JC Elliott Landfills December 6, 2016 Recorded by: Fidel Rodriguez Supplier Supplier TOTAL: $33,600.00 $33,922.20 Scott Electric Gourley Contracting Location Corpus Christi, Texas Corpus Christi, Texas Unit Extended Unit Extended Item Description Qty. Unit Allowance Mark-up Price Price Allowance Mark-up Price Price 1 Electrician Normal Hours (M -F 8:OOam - 5:OOpm) 150 hrs $ 65.00 $ 9,750.00 $ 60.00 $ 9,000.00 2 Electrician After Hours (M -F 5:01am - 7:59pm) 60 hrs $ 97.50 $ 5,850.00 $90.37 $ 5,422.20 3 Parts 1 $ 15,000.00 20% $ 3,000.00 $ 18,000.00 $ 15,000.00 30% $ 4,500.00 $ 19,500.00 $ 33,922.20 TOTAL: $33,600.00 $33,922.20 SERVICE AGREEMENT NO. 926 Electrical Services for Cefe Valenzuela and JC Elliott Landfills THIS Electrical Services for Cefe Valenzuela and JC Elliott Landfills Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Scott Electric Co. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Electrical Services for Cefe Valenzuela and JC Elliott Landfills in response to Request for Bid/Proposal No. 175 ("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 Electrical Services for Cefe Valenzuela and JC Elliott Landfills ("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 three 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 $33,600.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 8 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: Tony Benavides Department: Solid Waste Department Office: 361-826-1633 Email: tonyb@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: Tony Benavides Title: Contract Administrator Address: 7001 Ayers, Corpus Christi, Texas 78401 Fax: 361-826-1970 IF TO CONTRACTOR: Scott Electric Company Attn: Sarah Moore Title: President Address: 2001 N Port Ave, Corpus Christi, Texas 78401 Fax: 361-884-9612 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: Sarah Moore Title: President Date: 12/12/16 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/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 175 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 1.1 General Reguirements/Background Information The Contractor shall provide Electrical Services for the CEFE Valenzuela and JC Elliott Landfills. 1.2 Scope of work A. Service Requirements: Not all equipment listed is out of service. Calls will be initiated as repairs are needed. Cefe Valenzuela Landfill As Needed: 1. The Contractor will trouble shoot and repair five electrical sump panels (manufacturer Lucas Technologies). 2. The Contractor will trouble shoot and repair three electrical wiring junction boxes connecting electrical panels. 3. The Contractor will connect and disconnect five sump pumps (manufacturer Lucas Technologies). JC Elliott Landfill As Needed: 1. The Contractor will trouble shoot and (manufacturer EPG Inc.). 2. The Contractor will trouble shoot and boxes connecting electrical panels. 3. The Contractor will connect and (manufacturer Lucas Technologies). 4. The Contractor will trouble shoot and leachate tank battery. JC Elliott Landfill As Needed: repair eight electrical sump panels repair five electrical wiring junction disconnect eight sump pumps repair one electrical panel at the 1. The Contractor will trouble shoot and repair one electrical panel. B. Service repair requests are to be accepted from the Contract Administrators: C. Repairs shall include any and all electrical issues that may arise. D. At time of completion the company service technician must report back to the Contract Administrator. E. All parts used for any repair shall be new and unused. F. Contractor shall provide a cost estimate for major repairs, defined as exceeding $1,000.00. All estimates shall include labor, parts, associated to replace, repair requested items utilizing the pricing provided in the Agreement. G. All repairs shall be completely documented by the Contractor. A copy of each work order or repair slip will be provided to the personnel on site and shall provide the following: 1. Site location of the electrical repair 2. A detailed description of the repair 3. List of materials that were replaced 4. Reference the Maximo work order number listing the asset number H. If any electrical issues are deemed non -repairable, the Contractor shall immediately notify the Contract Administrator. I. In the event that work must be done after normal business hours (Monday - Friday) 8 a.m. to 5 p.m., the Contractor's overtime rate will apply. ous 4 .11ii 4:4;! ,t- .it 1 a Ili Attachment B: Bid / Pricing Schedule CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 175 Electrical Services for the CEFE Valenzuela and JC Elliott Landfills PAGE 1 OF 1 ci% 1" I irr' #.4 1 „ 1852 Date: iliiiiiia_________ Bidder: Scott Electric Co Authorized Signature: .101 .4,_ Alltak k ' Ide. 1. Refer bid. to "Instructions to Bidders" and Contract Terms and Conditions before completing 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. Item Description UNIT QTY Unit Price Total Price LABOR 1 Electrician Normal Hours (M -F HRS 150 65.00 $9,750.00 8:OOam - 5:OOpm) 2 Electrician After Hours (5:01pm - HRS 60 97.50 $5,850.00 7:59am to include holidays) UNIT ALLOWANCE MARK-UP 1 Parts $15,000 20 $18,000.00 Total $33,600 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 Manager one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2016 Insurance Requirements Utilities Electrical Maintenance and Inspection - Landfill 09/26/2016 my Risk Management Attachment C: Bond Requirements No Bond required for the Service Agreement Attachment D: Warranty Requirements The contractor shall provide a 90 day warranty on all labor and materials. 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: 2016-145403 Date Filed: 12/12/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Scott Electric Company 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. 926 Electrical services for CEFE Valenzuela and JC Elliott Landfills 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 AFFIX NOTARY Sworn to 20 VM, I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. � l �' 9 L'o �' •aYN'Z; MARGARET M BARRIOS Notary Public, State of Texas Notary ID #12884509-9 �a ` `• My Commission Expires ;' a -`F :.' January 09, 2020 Signature of authorized agent of contr ting business entity !h_-*. , this the \\. day of Q V\ _ , STAMP / SEAL ABOVE and subscribed before me, by the said Sn..t.QSirN , to certify which, witness my hand and seal of office. r.k ign f officer a istering oath Prin ed na a o> cer administering oath Title of officer administeri ath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 AGENDA MEMORANDUM City Council Meeting of January 31, 2017 DATE: January 10, 2017 TO: Margie C. Rose, City Manager FROM: lain Vasey, President/CEO ivasey@ccredc.com (361) 882-7448 CCREDC Quarterly Update to City Council (Q1 2017) STAFF PRESENTER(S): Name 1. 2. 3. OUTSIDE PRESENTER(S): Title/Position Department Name Title/Position Organization 1. lain Vasey President/CEO CCREDC 2. 3. BACKGROUND: The CCREDC provides quarterly updates to The Council. In accordance with this practice, the CCREDC will update the Council on its activities and the status of the local economy. LIST OF SUPPORTING DOCUMENTS: PowerPoint — CCREDC PI Corpus Christi IR*REGIONAL ECONOMIC DEVELOPMENT CORPORATION January 31, 2017 Economic Update Iain Vasey Corpus Christi MSA Employment by Sector NA.. REGIONAL ECONOMIC DEVELOPMENT CORPORATION 4 Corpus Christi Dec 2016 Nov 2016 Dec 2015 Dec 2014 Dec 2013 Dec 2012 Total Nonagricultural 198,800 198,400 196,700 197,800 195,000 188,000 Mining, Logging, & Construction 23,200 23,400 24,100 27,200 28,700 24,900 Manufacturing 9,400 9,300 9,300 10,000 9,600 9,800 Trade, Transportation, and 36,400 36,200 36,200 36,300 34,100 33,000 Utilities Information 2,100 2,100 2,000 2,100 1,900 2,000 Financial Activities 8,800 8,800 8,600 8,600 7,600 7,600 Professional and Business 16,800 16,400 17,200 16,300 15,600 15,300 Services Education and Health Services 31,900 31,900 31,000 30,200 32,300 30,900 Leisure and Hospitality 27,200 27,300 26,200 25,100 23,600 23,200 Other Services 8,300 8,300 8,100 8,200 8,000 7,900 Government 34,700 34,700 34,000 33,800 33,600 33,400 PI Corpus Christi YTD EDC Goals and Results 11411• REGIONAL ECONOMIC DEVELOPMENT CORPORATION Project Wins: Results Company "Clover": 200 Jobs, $4.2M Payroll Rangeland Energy "Chief ": 40 Jobs, $3.2M Payroll, $75-100M CapEx Chemours Company "Lava": 45 jobs, $3.3M Payroll, $230M CapEx BASF "Better": 20 jobs, $1M Payroll, $55M CapEx Activities: • Prospect Visits this Quarter: 6 • Upcoming site visits: 2 Upcoming recruitment missions: 7 2 Type A Incentives in process: Call Center 500 Jobs & TAMU-CC Civil & Industrial Engineering Project Pipeline: ✓ YTD: 4 "Wins", 305 Jobs ✓ 4 Class A Projects (high probability) — 1,248 jobs ✓ 5 Class B Projects (in competitive negotiations) — 960 jobs ✓ 10 Class C Projects (early in process/low probability) — 2,354 jobs ✓ 19 Total projects representing a potential of $21.85B CapEx Key Economic Indicators rill Corpus Christi hAt• REGIONAL ECONOMIC \ DEVELOPMENT CORPORATIDN Oil Prices (WTI): Dec. 2015 $ 41.93/bbl. Dec. 2016 $ 45.72/bbl. (WTC www.oil.com) U.S. Rig Count: (www.bakerhughes.com/rigcount) Dec 2014 Dec 2015 Dec 2016 Unemployment: Dec 2015 Dec 2016 1,913 884 481 5.3% 6.1% Natural Gas Prices: $ 2.84 mm btu $2.82mmbtu (Henry Hub www.eia.gov) Eagle Ford Shale Rig Count: (www. Eag leF ord S hale. c o m) Dec 2014 260 Dec 2015 110 Dec 2016 44 Employment: Dec 2015 198,400 Dec 2016 198,800 2016 Economic Outlook Watch List NApiCorpus Christi REGIONAL ECONOMIC DEVELOPMENT CORPORATION ➢ SHERWIN Closed October 2016 ➢ TPCO will complete Phase 2 in 2017 ➢ Area has lost manufacturing jobs but has added more leisure and hospitality jobs ➢ The number of jobs have gone up but unemployment has also increased ➢ Sales tax collections down; Corpus Christi down 11% ➢ Oil prices appear to have stabilized in $40-50 range ➢ Continued uncertainty in crude oil & energy markets impacting Texas ➢ Stock market at an all time high ➢ Further proof that the Wall Street market is disconnected from the Main Street economy TP4 Corpus Christi Strategic Plan 2017 REGIONAL NOMIC DEVELOPMENT O CORPORATION ➢ Business Retention & Expansion ➢ Structured program to collect data/identify issues, identify growing/at risk companies ➢ Business Recruitment & Economic Diversification Strategy ➢ Coordinated, strategic plan for recruitment, identify target industries, lead generation ➢ Project Management ➢ Coordinated protocols on client management/"honest broker"/sites & asset inventory program ➢ Accountability, Compliance & Responsibility to Stakeholders ➢ 3rd party ROI model, ensure deal point promises are delivered, guidelines for incentives AGENDA MEMORANDUM City Council Meeting of January 31, 2017 DATE: TO: January 13, 2017 Margie C. Rose, City Manager FROM: Alyssa M. Barrera AlyssaB@cctexas.com (361) 826-3356 Type B Overview STAFF PRESENTER(S): Name Title/Position Department 1. Alyssa M Barrera Business Liaison City Manager's Office 2. Aimee Alcorn Reed Assistant City Attorney Legal 3. OUTSIDE PRESENTER(S): Name Title/Position Organization 1. 2. BACKGROUND: On November 8, 2016, Corpus Christi voters approve a Type B Sales Tax at the expiration of the Type A Sales Tax. This presentation is an overview of the local sales tax programs, and initiates conversation with the council regarding the Type B Corporation. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Introduction to Type B Corporation Introduction to Type B Corporation An Overview of Local Sales Tax Council Presentation January 31, 2017 Local Economic Development Toolbox • Economic Development Agreements • Ch 380 Local Government Code • Tax Abatements • Ch 312 Tax Code • Type A and Type B Sales Tax • Ch 501, 504, 505 Local Government Code • Industrial Districts • Ch 42 Local Government Code • Tax Increment Financing • Ch 311 Tax Code Local Sales Tax Use in Texas' Largest Cities 0.02000 0.01800 0.01600 0.01400 0.01200 0.01000 0.00800 0.00600 0.00400 0.00200 0.00000 Houston San Dallas Austin Fort Worth El Paso Arlington Corpus Plano Laredo Antonio Christi ■ General Fund ■ 4A/4B ■ Sports & Community Venue • Municipal Development Street Maintenance & Repair ■ Metropolitan Transit Authority N City Transit Department Advanced Transportation District Crime Control District County 3 Corpus Christi Sales Tax Levy Timeline Years 1970 1975 1980 1985 1990 1995 7000 7005 7010 7015 7020 7025 7030 7035 Auth. General Sales Tax Cor . us Christi RTA Crime Control 10 Type A - Seawall 25 Type A - Arena 25 Type A - ED, Housing, Baseball 15 Type B - ED, Housing, Streets 20 4 Type AvsType B Type A Type B Board of Directors 5 Members 7 Members Terms Term Limit Appointed By 2 Years (Staggered) Determined in Articles of Incorporation City Council 2 Years Determined in Articles of Incorporation City Council Removed by Council at Any Time Without Cause Yes Yes Approved Type A Ballot Language (2002) 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. If Proposition No. 2 above is approved, • authorizing the use of a portion of the sales and use tax for the construction, operation and maintenance of a minor league baseball stadium. • authorizing the use of a portion of the sales and use tax for affordable housing, up to $500,000 annually. • funds approved for the promotion and development of new and expanded business enterprises will be used only 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 insure the knowledge and skills required for the jobs of the future are in place. b) Business Development/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 the community) in Corpus Christi. Funds would be available to both existing and new companies. 6 Approved Type B Ballot Language (2016) Replacing the portion of the Type A sales tax that expires in 2018 with the adoption of a one eighth of one percent sales and use tax (maintaining the current level of sales and use tax) to be administered by a Type B Corporation under Chapter 505 of the Texas Local Government Code, to be effective for 20 years, with the use of the proceeds for: 1) 50% for economic development, specifically the promotion and development of new and expanded business enterprises to the full extent allowed by Texas law; 2) Up to $500,000 annually on affordable housing; and 3) Balance of proceeds to be used for construction, maintenance and repair of arterial and collector streets and roads Frequently Asked Questions • Who Administers & Oversees? • A Non -Profit Corporation • Must the City Create Separate Corporations? • Yes • Does City Council have to Approve Expenditures? • Yes • Can City Council Fund Certain Projects? • No • Can City Provide Services or Money? • Yes, but only if reimbursed Source: Section 4A and 4B Sales Tax — Riley Fletcher Basic Municipal Law Seminar — February 24, 2006 8 Public Hearing Requirement for 4B Projects The required Public Hearing starts a 60 Day window, during which: • No Expenditures Can Be Made • Public can submit petition with 10% of voters to request an election. • Election not required if Voters have already approved Project or Type of Project. • If no action after 60 days, expenditures can be made. Steps to Creating Corporation • Voters Approve Tax Ai • Canvass Election Results Ai • Levy Tax • Appoint Board of Directors • File Certificate of Formation • Organizational Meeting • Adopt By -Laws Steps to Creating Corporation 1 2016 N DJFMAMJJASONDJ 2017 FMAMJJASOND 2018 Voters Approve Type B 2 Canvass Election Results 3 Levy Tax 4 Draft By Laws Draft Certificate of Formation 5 Appoint Board 6 File Certificate of Formation 7 Organizational Meeting Adopt ByLaws 8 New Tax Begins Option A 11 Next Steps • Request Direction from Council • Appoint Type B Board of Directors • Additional Items to Consider: • Establish Policies • Economic Development (MOU with CCREDC) • Affordable Housing • Streets AGENDA MEMORANDUM City Council Meeting of January 31, 2017 DATE: TO: June 9, 2016 Margie C. Rose, City Manager FROM: Rudy Bentancourt, Director of Housing and Community Development rudyb@cctexas.com 361-826-3021 Affordable Housing Plan STAFF PRESENTER(S): Name 1. Rudy Bentancourt 2. Daniel McGinn 3. OUTSIDE PRESENTER(S): Title/Position Department Director Housing and Comm Development Interim Director Planning Name Title/Position Organization 1. 2. BACKGROUND: During the May 10, 2016 City Council Meeting, past Mayor Martinez requested that staff bring forward an Affordable Housing Plan for review and discussion. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Affordable Housing Plan Affordable Housing Plan Affordable Housing Plan Housing and Community Development Department Council Presentation January 31, 2017 Today's Discussion 1. Housing Tax Credits 2. Federal Funding 3. How we are using them 4. Local (Type A) Funding 5. How we are using them 6. Local Programs 7. How we are using them Housing Tax Credits • Administered by the Texas Department of Housing and Community Affairs (TDHCA) • Designed to: ➢ Provide a source of equity financing for the development of affordable housing; ➢ Serve as a credit to the communities where the housing is to be constructed and operated; ➢ Increase the supply of affordable housing. Resolution of Support • Amenities ➢ Full perimeter fencing ➢ Equipped functional computer learning center (2 per 20 units) ➢ Furnished community room ➢ Community Laundry Room ➢ Children's playscape area (where applicable) ➢ Appropriate Zoning • FY2017-2018 ➢ Statement from Developer of meeting with Council Member of the district of the proposed project development ➢ Meeting with HCD, DS and Planning ➢ Ensure Appropriate Zoning • Future consideration - Future Land Use Future Land Use Map Affordable Housing Complexes Affordable Housing Multifamily in Corpus Christi CC Housing Authority Complexes (4) CC Housing Authority Section 8 Complexes a 0 5 141.19MIII MAU .61191,5 a 1 euilmtary•Fies pairalaine..am ..,......,.n.........,..2, 1410,11nyess Carp.. C.. ./...5 , ? • 1 “M^?..0.. Y.. hi Nein. ......r.r.,......r...5 111511,96.µ 05,..19.vel Tx MAI 9 ....1.1,1,94hafms 1.155,,,p, 9 Dli‘o .,[1,1 tnritu TX .11415 7 Federal Funding Determination • City of Corpus Christi - Entitlement Community • Formula Determination 2013-2017 Consolidated Action Plan • 5 -year plan outlines Objectives • Objectives ➢ Non -housing Community Development (CDBG) ➢ Affordable Housing (HOME) ➢ Address Homelessness (ESG) Entitlement Programs Received • Community Development Block Grant Program (CDBG) - $2,404,066 • HOME Investment Partnerships Program (HOME) - $868,482 • Emergency Solutions Grant Program (ESG) - $221,468 Departmental Programs • Demolition and Replacement Loan Program (CDBG) • Single Family Rehabilitation Grant Program (CDBG) • Minor Home Repair Grant Program (CDBG) • Veterans Minor Home Repair Grant Program (CDBG) • Down Payment Program (HOME) • Homebuyer Assistance Program (TYPE A) Homebuyer Assistance Program • Funds managed by the Corpus Christi Business and Job Development Corporation (Type A Board) • Administered by the Housing and Community Development Department • Up to $10,000 in down payment assistance (deferred forgivable loan) • Amortized over 5 years • Property value must not exceed $162,000 City Affordable Housing Programs • Infill Housing Incentive Program (IHIP) • Vacant Lot Infill Incentive Pilot Program (Proposed Program) • 12 vacant City -owned lots Next Steps • Discussion • Plan Adoption Questions 2 Affordable Housing Plan City of Corpus Christi Housing and Community Development Community Development Block Grant Home Investment Partnerships Program Emergency Solutions Grant Program Revised: January 2017 Table of Contents Background Information 3 Owner -Occupied Rehabilitation & Reconstruction 4 Refinancing Mortgages 9 Homebuyer Programs 10 Infill Housing Incentive Program (IHIP) 13 Vacant Lot Infill Incentive Pilot Program 16 Monitoring 19 Community Housing Development Organizations (CHDOs) 24 Resolutions of Support or No Objection 25 Future Land Use Map 26 Emergency Solutions Grant Program 27 Appendices 28 Appendix 1: Income Limits and Part 5 Requirements 29 Appendix 2: Community Housing Development Organization (CHDO) Policy, Procedure and Standards 30 Appendix 3: HOME Program Recapture Requirements for Homebuyer Activities 32 Appendix 4: Lead Based Paint Requirements 34 Appendix 5: Environmental Review Policy, Procedures and Standards 37 Appendix 6: Regulatory Requirements 45 Appendix 7: Maps 47 2 Background Information The City of Corpus Christi (the City) receives support from the U.S. Department of Housing and Urban Development to assist low and moderate income families in obtaining affordable housing. The City receives several Entitlement (HUD) grants, which it can use to support its housing initiatives. HUD outlines certain regulations that apply when using grant funds. This policy document uses the HUD regulations as a basis and incorporates the City's own policies as adopted by City Council. Community Development Block Grant (CDBG) The Community Development Block Grant has been in existence since 1974. The primary objective of the CDBG program is to improve communities by providing decent housing, providing a suitable living environment, and expanding economic opportunities. The primary beneficiary of CDBG funds must benefit low to moderate -income persons, aid in the prevention or elimination of slums or blight, or meet an urgent need. HOME Investment Partnerships Program (HOME) The HOME Investment Partnerships Program has been in existence since 1990. The goals of the HOME program are to provide decent affordable housing to lower-income households, expand the capacity of nonprofit housing providers, strengthen the ability of state and local governments to provide housing, and leverage private sector participation. HOME funds may be utilized for rental activities, homebuyer activities, and homeowner rehabilitation activities. All HOME funds must benefit persons of low and moderate income. Emergency Solutions Grant Program (ESG) The Emergency Solutions Grant Program was revised in 2012 after an amendment to the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (Hearth Act). The ESG program provides funding to: 1. Engage homeless individuals and families living on the street; 2. Improve the number of qualify of emergency shelters for homeless individuals and families; 3. Help operate these shelters; 4. Provide essential services to shelter residents; 5. Rapid re -house homeless individuals and families, and 6. Prevent families/individuals from becoming homeless. Infill Housing Incentive Program (IHIP) The purpose of the Corpus Christi Infill Housing Incentive Program (IHIP) is to promote and encourage new home construction in existing CDBG neighborhoods on privately owned vacant lots and City owned vacant lots. This program applies to targeted areas where existing street and utility infrastructure is available to promote the development of single- family residential homes. Vacant Lot Infill Incentive Pilot Program The purpose of the Corpus Christi Vacant Lot Infill Incentive Program is to create and strengthen community partnerships and encourage new home construction in existing neighborhoods on City owned vacant lots. This program applies to targeted areas where existing street and utility infrastructure is available to promote the development of single-family residential homes. 3 Rehabilitation Grant Programs and Demolition Reconstruction Loan Program CDBG Funds may be used to assist very low and low to moderate income households that require rehabilitation of their home, or a demolition reconstruction. MINOR HOME REPAIR AND VETERANS MINOR HOME REPAIR GRANT PROGRAMS The Minor Home Repair Program is a grant up to $25,000 to assist homeowners with repairs involving the following: Roof, Plumbing, Electrical, Heating, Foundation and Minor Structural Problems MINOR HOME PROGRAM ELIGIBILITY The applicant's gross annual income must meet the HUD Income Limits for Very Low Income households. The applicant must be 62 years of age or older, or disabled. The applicant must not have ownership in any other property at the time of application. The property must reside within the city limits of Corpus Christi, and be a single family owner occupied home. The applicant must have occupied the dwelling for at least one year from the date of application. Nueces County Tax Records and utility records must indicate the residence is the applicant's primary residence. Property taxes must be current at the time of application. Applicant must be current on the mortgage. If the property is located in a flood plain, it will be ineligible for assistance through the rehabilitation program. Upon inspection by a Property Advisor, if the home is determined to be over 60% deteriorated, the applicant will be referred to the Demolition and Replacement Loan Program. To determine the income eligibility of the household, the applicant will be provide the following: > Current government issued ID for all household members > Copy of social security card for all household members > 1 month of bank statements > Verification of all household income for the past 3 months VETERANS MINOR HOME PROGRAM ELIGIBILITY The applicant's gross annual income must meet the HUD Income Limits for Very Low Income households. There is no age restriction for the Veterans Minor Home Program. The applicant must not have ownership in any other property at the time of application. The applicant's property must reside within the city limits of Corpus Christi, be a single family owner occupied home. The applicant must have occupied the dwelling for at least one year from the date of application. Nueces County Tax Records and utility records must indicate the residence is the veteran's primary residence. Property taxes and mortgage be current at the time of application. If the property is located in a flood plain, it will be ineligible for assistance through the rehabilitation program. Upon inspection by a Property Advisor, if the home is determined to be over 50% deteriorated, the applicant will be referred to the Demolition and Replacement Loan Program. To determine the income eligibility of the household, the applicant will be provide the following: > Current government issued ID for all household members 4 > Copy of social security card for all household members > DD 214 OR Veterans ID Card > 1 month of bank statements > Verification of all household income for the past 3 months LEAD BASED PAINT REQUIREMENTS AND ENVIRONMENTAL REVIEW All homes built prior to 1978 will be subjected to HUD guidelines regarding Lead Base Paint inspection to identify and addresses lead hazards. Projects where the level of rehabilitation assistance is between $5,000 and $25,000 will require a risk assessment that must be conducted by a qualified person prior to rehabilitation to find lead-based paint hazards in assisted units, in common areas that service those units, and on exterior surfaces. The risk assessment must include paint testing of any surfaces to be disturbed by the rehabilitation. If the home is receiving a roof replacement or roof repair only, a Lead Based Paint Test will not be required. MINOR HOME REPAIR GRANT and VETERANS MINOR HOME REPAIR GRANT PROGRAM INCOME LIMITS Very Low Income FAMILY SIZE 1 2 3 4 5 6 7 8 ANNUAL INCOME 20350 23250 26150 29050 31400 33700 36050 38350 Revised 6/6/2016* Income limits are established by HUD and are subject to change without notice SINGLE FAMILY REHAB GRANT PROGRAM The Single Family Rehab Grant Program is a grant up to $25,000 to assist low to moderate income households with repairs involving the following: Roof, Plumbing, Electrical, Heating, Foundation and Minor Structural Problems. SINGLE FAMILY REHAB GRANT PROGRAM ELIGIBILITY The applicant's gross annual income must meet the HUD Income Limits for Low to Moderate Income Households. There is no age restriction for the Single Family Rehab Grant Program. The applicant must reside within the city limits of Corpus Christi, and the property must be an owner occupied, single family residence. The applicant must have occupied the dwelling for at least one year from the date of application. Nueces County Tax Records and utility records must indicate the residence is the applicant's primary residence. Property taxes and mortgage must be current at the time of application. If the property is located in a flood plain, it will be ineligible for assistance through the rehabilitation program. Upon inspection by a Property Advisor, if the home is determined to be over 60% deteriorated, the applicant will be referred to the Demolition and Replacement Loan Program. To determine the income eligibility of the household, the applicant will be provide the following: > Current government issued ID for all household members > Copy of social security card for all household members > 1 month of bank statements > Verification of all household income for the past 3 months SINGLE FAMILY REHAB GRANT PROGRAM INCOME LIMITS Low to Moderate Income FAMILY SIZE 1 2 3 4 5 6 7 8 ANNUAL INCOME 32,550 37,200 41,850 46,500 50,250 53,950 57,700 61,400 Revised 6/6/2016* Income limits are established by HUD and are subject to change without notice DEMOLITION AND RECONSTRUCTION LOAN PROGRAM This program assists very low income and low to moderate income homeowners with the demolition and reconstruction of their homes. Upon inspection by a Property Advisor, the structure must be determined to be over 50% deteriorated, or if the cost to rehabilitate exceeds the value of the home, the house may be demolished. Grants will be provided to the homeowner to cover the costs to demolish the property and relocating the household while the home is being reconstructed. DEMOLITION AND RECONSTRUCTION LOAN PROGRAM ELIGIBILITY The applicant's gross annual income must meet the HUD income guidelines for very low or low to moderate income households. There is no age restriction for the Demolition and Reconstruction Loan Program. The applicant must reside within the city limits of Corpus Christi, and the property must be an owner occupied, single family residence. The applicant must have occupied the dwelling for at least one year from the date of application. Nueces County Tax Records and utility records must indicate the residence is the applicant's primary residence and must have title in their name. The applicant must have a favorable credit rating; no Chapter 7 or Chapter 13 Bankruptcy of a primary mortgage within the past 3 years. If the property is located in a flood plain, it will be ineligible for assistance through the rehabilitation program. Upon inspection by a 6 Property Advisor, if the home is determined to be over 50% deteriorated, the applicant will be referred to the Demolition and Replacement Loan Program. Title opinions are obtained to evidence ownership of the property. The program offers minimum deferred loans, zero percent interest loans for very low income households and three percent interest loans for low to moderate income households. Demolition and Reconstruction loans must receive approval by the Program Manager and final approval by the Loan Review Committee. The after rehab value of the home cannot exceed $162,000. To determine the income and program eligibility of the household, the applicant provide the following: ➢ Current government issued ID for all household members • Copy of social security card for all household members ➢ 1 month of bank statements ➢ Verification of all household income for the past 3 months ➢ Deed of Trust ➢ Divorce Decree (if applicable) ➢ Power of Attorney (if applicable) ➢ Probated Will (if applicable) ➢ An identified Heir to the property Applicants that have a clouded title, or need to probate a will to declare ownership of a property, will be referred to the Texas Rio Grande Legal Aid at 3825 Agnes St. Corpus Christi, TX 78405, (361) 880-5420 or Toll Free (800) 840-3379. Housing and Community Development Demo Replacement Loan Terms: 2 Bedroom Home = up to $80,000 3 Bedroom Home= up to $95,000 4 Bedroom Home= up to $115,000 COST OF CONSTRUCTION (and allowable expenses) 2 BEDROOM- Demolition Loan Amount up to $80,000 LOAN 3% 0% Minimum Deferred Deferred Forgivable $80,000 Low to Moderate Income $45,000/ 25 YRS $10,000/ 15 YRS $25,000/ 25 YRS $80,000 Very low to low income $35,000/ 25 YRS $20,000/15 YRS $25,000/25 YRS $80,000 62 or older, or disabled $25,000/25 YRS $20,000/15 YRS $35,000/25 YRS 7 3 BEDROOM- Demolition Loan Amount up to $95,000 LOAN 3% 0% Minimum Deferred Deferred Forgivable $95,000 Low to Moderate Income $45,000/ 25 YRS $15,000/15 YRS $35,000/ 25 YRS $95,000 Very low to Low Income $45,000/ 25 YRS $15,000/ 15 YRS $35,000/25 YRS $95,000 62 or older, or Disabled $32,000/25 YRS $28,000/15 YRS $35,000/25 YRS 4 BEDROOM- Demolition Loan Amount up to $115,000 LOAN 3% 0% Minimum Deferred Deferred Forgivable $115,000 Low to Moderate Income $55,000/ 25 YRS $25,000/ 15 YRS $35,000/ 25 YRS $115,000 Very Low to Low Income $45,000/ 25 YRS $35,000/ 15 YRS $35,000/25 YRS $115,000 62 years or older, or disabled $40,000/25 YRS $35,000/15 YRS $40,000/25 YRS 8 REFINANCING MORTGAGES The Housing and Community Development (HCD) Department will refinance mortgages where an owner has defaulted on a payment arrangement, or is 120+ days past due. If the owner of the property has passed away, HCD Loan Processors will contact the heir to the property to refinance the remaining balance into their name to satisfy the loan. ➢ A monthly delinquency report will be provided to the Program Manager by Mortgage Servicing Department by the 5th of every month that identifies mortgages that are 120+ days late ➢ Program Manager will draft letter to be mailed out to delinquent applicants, requesting that the resident of the home come into HCD to make payment arrangement, if no response is received, assigned Loan Processors will initiate a follow up by letter and home visit ➢ If an heir to the property has been identified and is living at the property, we will reach out to the heir to refinance the home into their name ➢ A refinance for a low- moderate income household (at or above 50% AMFI) will receive a prevailing mortgage rate for refinancing the balance ➢ If the heir to the property must probate the will and has to address title issues, we will allow 6 months for the issues to be addressed. Low income applicants are referred to the Texas Rio Grande Legal Aid for title and probate assistance ➢ Depending on the loan amount to be refinanced, Housing and Community Development offers 5, 10 and 15 year terms to pay off the balance owed ➢ If an heir to the property is 62 years of age or older, or disabled, they will be eligible to receive a refinance of 0% ➢ If the heir to the property has no interest in residing in the property, or retaining ownership, we will request for the home to be sold. The remaining balance of the federal funds that are owed will be recaptured and paid back to HUD 9 HOMEBUYER PROGRAMS The City of Corpus Christi's Housing and Community Development (HCD) Department offers two assistance programs for low income homebuyers by providing deferred forgivable loans to be used for down payment assistance and closing cost assistance. Homebuyer Assistance Program Funding is available to qualified home buyers for the purpose of providing down payment assistance as a deferred loan to buy down the purchase price of an affordable home. The purchase price of a home cannot exceed 95% of the Metropolitan Statistical Area as determined by HUD, which is $162,000 for 2016. This program will provide up to $10,000 for an income approved household. The loan will be amortized over the specified affordability period, commencing on the closure date and forgiven at a rate of $2,000 per year for every year the homebuyer lives in the house. Should the homebuyer move out before the affordability period ends, then the remaining period will be prorated and must be paid back. Recapture provisions require the repayment of the total loan amount on a prorated basis. If the buyer sells the property within the affordability period, the balance of the amortized loan shall be due and payable. Housing Standards The home must pass a Housing Quality Standards (HQS) inspection, which is conducted by HCD staff. If the house was built prior to 1978, a lead based paint visual assessment will be required in accordance with HUD Lead Based Paint Regulations. Homebuyer Eligibility Prospective homebuyers shall meet the gross annual income limits adjusted for family size as determined by HUD. The Housing and Community Development Department will determine the applicant's anticipated annual gross income. Anticipated annual gross income is an estimation of future income a purchasing household expects to receive based upon their current future monthly income annualized over a 12 month period. Some examples of future income are bonuses, pay raises, commissions, or over -time. Homebuyers must attend a HUD approved Homebuyer/Homeownership class to obtain a Homebuyer Education Certificate. The certificate cannot be older than one year from the date of issue. If two or more persons are buying a home together, all must attend a class and provide a copy of the Homebuyer Education Certificate. HUD Approved Housing Counseling Agencies can be found here: http://www.hud1.gov/offices/hsg/sfh/hcc/hcs.cfm The purchasing household size will be determined by the Housing and Community Development Department using HUD's definition of purchasing household. Purchasing household includes all persons who will be occupying the units as their permanent residence. A member of a household is considered to a permanent member of the household if they have been living as a member of 10 the household for at least six months or more. Homebuyer's cash on hand cannot exceed program limits. Housing and Community Development will make a determination of eligibility at the time the mortgage lender submits the required documents listed in section (V. Lender Requirements) below. The homebuyer will be issued a Commitment Letter review and approval of all required submitted documents. The Commitment Letter will expire 6 months from the date of issuance. At the time of application, the homebuyer cannot have ownership in any property. The housing ratio ("front end ratio") must fall between 28%-32% The total debt ratio ("back end ratio") may not exceed 45% Income Requirements Low to Moderate Income FAMILY SIZE 1 2 3 4 5 6 7 8 ANNUAL INCOME 32,550 37,200 41,850 46,500 50,250 53,950 57,700 61,400 Revised 6/6/2016* Income limits are established by HUD and are subject to change without notice Lender Requirements The Lender will be required to submit the following to HCD: > Loan Estimate Form > Lender conditional loan approval > Signed and dated 1003 > Escrow Earnest Money Contract (sales price cannot exceed $162,000) > Three months of the most recent bank statements > Paycheck stubs for past 3 months > Government issued identification for all purchasing household members > Copy of social security card of all members of the household > Copy of the Homebuyer Education Certificate (no older than on year from date of issue) > Underwriter Summary (1008) — to be provided prior to HCD issuing the Commitment Letter > Title Commitment showing the 1st and 2nd Liens (upon final loan approval) > Closing Disclosure (upon final loan approval) 11 Title Company Requirements HCD will give the approval for closing and will wire funds to the Title Company. The Title Company will provide to HCD the original signed promissory note, the recorded City of Corpus Christi Deed of Trust, Recorded Warranty Deed, Final signed Closing Disclosure, Insurance Binder which shows all liens, and the Title Policy which shows HCD as a lien holder. The Title Company will be responsible for ensuring that all documents are complete and correct. Affordability Periods The residence must remain the primary residence of the homeowner. If the owner sells or moves out of the home during the affordability period, the City of Corpus Christi's recapture provisions will apply. Amount of Funds Less than $15,000 Required Affordability 5 Years HOME Program Recapture Requirements These requirements can be found in Appendix 3 $5,000 HOME Down Payment Program Funding is available to income and program qualified homebuyers for the purpose of providing closing cost assistance in the form of a deferred forgivable loan, up to $5,000. Homebuyers receiving funds from the Homebuyer Assistance Program can also apply to receive closing cost assistance. The $5,000 Home Down Payment Program will be amortized over the specified affordability period, commencing on the closure date and forgiven at a rate of $1,000 per year for every year the homebuyer resides in the home. Should the homebuyer move out before the affordability ends, then the remaining period will be prorated and must be repaid back. Recapture provisions require the repayment of the total loan amount on a prorated basis. If the buyer sells the home during the affordability period, the balance of the amortized loan shall be due and payable. During the intake process, the homebuyer will receive the HOME Recapture Provision. Assistance for the $5,000 HOME Program is based upon need. To determine the amount of assistance, a gap analysis will be conducted during the final approval process and once the closing disclosure is provided from the Title Company. 12 INFILL HOUSING INCENTIVE PROGRAM (IHIP) 1. Purpose The purpose of the Corpus Christi Infill Housing Incentive Program (IHIP) is to promote and encourage new home construction in existing CDBG neighborhoods on privately owned vacant lots and City owned vacant lots. This program applies to targeted areas where existing street and utility infrastructure is available to promote the development of single- family residential homes. The Housing & Community Development Department will administer the application process and determine eligibility of lots for the program. The Real Estate Division will administer the sale of land. The Development Services Department will ensure compliance with development requirements and track waived fees. 2. Benefits • Utilizes abandoned and/or nonconforming vacant property • Once established, properties are completely self-sufficient • Helps fulfill housing needs in an affordable price range • Revitalizes existing neighborhoods • Adds to the assessed value rolls, increasing future City property tax revenue • Improves maintenance of properties and potentially reduces crime • Reduces Code Enforcement abatement expense 3. Definitions "Infill lot" or "infill housing" is the insertion of additional housing units into an already approved subdivision or neighborhood. Specifically for this Infill Housing Incentive Program, this means the construction of new residential housing units built on site on a vacant lot or built on two non -conforming lots by re -platting through an administrative plat to remove the lot line, in Community Development Block Grant (CDBG) designated areas within the City of Corpus Christi. 4. Eligibility Criteria For all vacant properties, private and city -owned: • Must be within the City's Community Development Block Grant (CDBG) designated areas — see map below • Must meet the definition of infill lots • Must be in one of the following single family residential zones: o RS -15, RS -10, RS -6 and RS -4.5 (see Unified Development Code for definitions) • Must not be in an airport overflight zone or the Navy's Air Installations Compatible Use Zones (AICUZ), which includes the Accident Potential Zones (APZ) and Clear Zones 13 • Home construction must begin within 120 days of sale. • Home construction must be completed and receive Certificate of Occupancy within 6 months of construction start date. • Must meet all building standards and Unified Development Code requirements • Must result in a newly constructed, on site, single family home with finished floor plan of 900 to 1300 square feet o No mobile homes, no prebuilt homes moved onto the site • Will be subject to all permit requirements • Sales price or finished home value of $50,000 - $100,000 Additional criteria for City owned vacant properties: • Properties will be made available to builders through a competitive bid process with a defined minimum bid. • Builder must demonstrate experience to complete the project in a professional manner and to a standard appropriate for the community. • Builder must demonstrate financial capability. • Builder must enter into an agreement with City accepting all program requirements and City rules and regulations. • Builder must offer a limited builder's warranty to the homeowner acceptable to the City of Corpus Christi and compliant with State and Federal regulations. • Home construction must begin within 120 days of sale. • Home construction must be completed and receive Certificate of Occupancy within 6 months of construction start date. • Lot sale will be completed upon closing of the home sale. 5. Incentives • Waiver of City fees, which include building permit, platting and zoning fees. • Waiver of Water, Wastewater and Gas tap fees. • City will provide up to two roll -off containers at City's actual cost during construction 6. Sale of City owned Lots by Bid a. The selected City owned lots will be advertised and sold through a bid process with a minimum bid value. b. Bidders will be required to submit a $100 option contract for each lot for an option period not to exceed 120 days from the date of sale. c. Bidders may bid on one or more lots. d. Monies collected through the sale will be deposited in a Fund to be used to pay Development Services permitting fees and lot maintenance prior to sale, if any. e. Buyers will be required to start the construction on one lot before the end of the option period (120 calendar days) or the lot(s) will revert to the City for resale or for sale to the second highest bidder. f. Buyers can extend the option period with approval of the City Manager or his designee. 14 g. City will convey the lot through a subordination agreement. 7. Department Responsibilities a. Executive/Management is responsible to: 1) Establish program objectives and develop implementation procedures. 2) Report to City Council the results of the program on at least an annual basis. b. Housing and Community Development (HCD) Department Director is responsible to: 1) Manage the overall program to meet housing needs of the community. 2) Administer the Infill Housing Incentive Program and procedures, and present a briefing to the City Council at least annually. 3) Update website information about this program. 4) Work with Finance to establish a General Fund special fund with accounts to track revenues from sale of city owned lots and expenditures to pay Development Services the amount of waived fees. 5) Confirm applicant's eligibility for program, and work with Development Services to mark the permit as "Infill Housing" for appropriate permit review and waiver of fees. c. City Legal Department is responsible to: 1) Prepare and review all documents to ensure compliance with Local Government Code, City ordinances, and the City Charter. d. Real Estate Division of Engineering is responsible to: 1) Prepare bid documents for the sale of city owned lots individually or in packages, as appropriate. Multiple lots may be packaged based on appraised value and location. 2) Receive and open bids at a specified time and place. 3) Award bid based on best value and notify responsive bidders. 4) Prepare a subordination agreement for the lot to the builder for closing. 5) Set the minimum price of the lot in the bid. e. Development Services is responsible to: 1) Ensure waiver of all permit fees to include platting, building, and inspection fees. 2) Ensure waiver of all water, wastewater, and gas tap fees. All utilities will be installed at City expense. 8. Other Conditions a. This program will be monitored and assessed for viability and may be discontinued at the discretion of the City of Corpus Christi. b. The City will comply with the Tax Code Sec 34.051 Resale by taxing unit for the purpose of urban development. 15 VACANT LOT INFILL INCENTIVE PILOT PROGRAM 1. Purpose The purpose of the Corpus Christi Vacant Lot Infill Incentive Pilot Program is to create and strengthen community partnerships and encourage new home construction in existing neighborhoods on City owned vacant lots. This program applies to targeted areas where existing street and utility infrastructure is available to promote the development of single-family residential homes. The Housing & Community Development Department will administer the application process and determine eligibility of lots for the program. The Real Estate Division will administer the sale of land if applicable. The Development Services Department will ensure compliance with development requirements and track waived fees. The pilot program is designed to move city owned surplus properties to developers, public agencies and/or non-profit organizations for developing affordable housing and returning properties to tax rolls. 2. Benefits • Utilizes abandoned and/or nonconforming vacant property • Once established, properties are completely self-sufficient • Helps fulfill housing needs in an affordable price range • Revitalizes existing neighborhoods • Adds to the assessed value tax rolls, increasing future City property tax revenue • Improves maintenance of properties and potentially reduces crime • Reduces Code Enforcement mowing and abatement expense 3. Definitions "Infill lot" or "infill housing" is the insertion of additional housing units into an already developed subdivision or neighborhood. Specifically for this Vacant Lot Infill Incentive Program, this means the construction of new residential housing units built on site on a vacant lot or built on two non- conforming lots by re -platting through an administrative plat to remove the lot line, in designated areas within the City of Corpus Christi. City Lots — Surplus City Owned Residentially Zoned Lots 4. Eligibility Criteria For all vacant properties, city -owned: • Must meet the definition of infill lots • Must be in one of the following single family residential zones: o RS -15, RS -10, RS -6 and RS -4.5 (see Unified Development Code for definitions) • Must not be in an airport overflight zone or the Navy's Air Installations Compatible Use Zones (AICUZ), which includes the Accident Potential Zones (APZ) and Clear Zones 16 • Home construction must begin within 180 days of sale. • Home construction must be completed and receive Certificate of Occupancy within 12 months of construction start date. • Must meet all building standards and Unified Development Code requirements • Must result in a newly constructed, on site, single family home with finished floor plan of 700 to 1300 square feet o No mobile homes • Will be subject to all permit requirements • Sales price or finished home value is estimated to be from $75,000 - $125,000 Additional criteria for City owned vacant properties: • Properties will be made available to Developers, Public Agency and/or Non -Profits at no cost. • Entity must demonstrate experience to complete the project in a professional manner and to a standard appropriate for the community. • Entity must demonstrate financial capability. • Entity must enter into an agreement with City accepting all program requirements and City rules and regulations. • Entity must offer a limited builder's warranty to the homeowner acceptable to the City of Corpus Christi and compliant with State and Federal regulations. • Home construction must begin within 180 days of donation of land/lot • Home construction must be completed and receive Certificate of Occupancy within 12 months of construction start date. • Lot sale transfer will be completed and recorded upon closing of the home sale. 5. Incentives • Waiver of City fees, which include building permit, platting and zoning fees. • Waiver of Water, Wastewater and Gas tap fees. • City will provide up to two roll -off containers at City's actual cost during construction 6. Land a. The selected 12 City owned lots will be awarded to community based non-profit or public agencies. b. Entity may request one or more lots. c. Entity will be required to start the construction within 180 days d. Entity can extend the construction start period with approval of the City Manager or designee. e. City will convey the lot through a subordination agreement. f. Lots are to be returned to the Tax Rolls within 10 years of donation 7. Department Responsibilities a. Executive/Management is responsible to: 1) Establish program objectives and develop implementation procedures. 2) Report to City Council the results of the program on an annual basis. 17 b. Housing and Community Development (HCD) Department Director is responsible to: 1) Manage the overall program to meet housing needs of the community. 2) Administer the Vacant Lot Infill Incentive Program and procedures, and present a briefing to City Council annually. 3) Update website information about this program. 4) Work with Finance to establish a General Fund special fund with accounts to track revenues from sale of any city owned lots and expenditures to repay Development Services the amount of waived fees. 5) Confirm applicant's eligibility for program, and work with Development Services to mark the permit as "Infill Housing Pilot" for appropriate permit review and waiver of fees. c. City Legal Department is responsible to: 1) Prepare and review all documents to ensure compliance with Local Government Code, City ordinances, and the City Charter. d. Real Estate Division of Engineering is responsible to: 1) Receive and open requests for land at a specified time and place. 2) Notify responsive entities. 3) Prepare a subordination agreement for the lot to the entity for closing. e. Development Services is responsible to: 1) Ensure waiver of all permit fees to include platting, building, and inspection fees. 2) Ensure waiver of all water, wastewater, and gas tap fees. All utilities will be installed at City expense. 8. Other Conditions a. This program will be monitored and assessed for viability and may be discontinued at the discretion of the City of Corpus Christi. b. The City will comply with the Tax Code Sec 34.051 Resale by taxing unit for the purpose of urban development. 18 MONITORING The City is required by HUD to obtain information on rents and occupancy of HOME — assisted units to demonstrate compliance with the affordability rent requirements on an annual basis. Purpose: The Monitoring Policy provides guidance for Housing and Community Development (HCD) staff on conducting monitoring visits for the following Housing and Urban Development (HUD) funded programs: Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG) and HOME Investment Partnerships Program (HOME). Objectives: To ensure the HCD Office carries out its statutorily mandated responsibility to review grantee's performance in administering covered program pursuant to Section 104(e) and Section 119(g) of the Housing and Community Development Act of 1974, as amended. a. Assists Recipients to improve their performance, develop greater self reliance and enhance their management and technical capacity; b. Assure that federal funds are being managed properly and are not being wasted or used for fraudulent purposes; c. Keep well-informed of the progress of funded projects respectively, for each Program. Responsibilities/Goals: a. HCD staff shall conduct a minimum of one (1) monitoring visit or be attentive if a revisit(s) are needed. HCD staff's goal should be to identify deficiencies and take corrective measures in order to improve and reinforce recipient's performance. As part of this process, HCD staff should be alert for fraud, waste, and/or mismanagement of federal funds and immediately address non- compliance issues. Management Plan: HCD Staff shall: a. establish an annual monitoring plan and will identify the actions that will be taken to assess recipient's performance, including the type/level of monitoring needed for each agency (e.g. limited, in-depth/on-site, desk review, etc.) and shall communicate and accommodate monitoring dates with recipients. b. maintain records of all monitoring visits and include supporting documents and reports. In the event HCD staff determines documents need not be placed in recipient's administrative file, a notation will be made to such file where supporting documents will be easily located as necessary. c. may conduct a desk review without conducting on-site monitoring at agency's location can be performed if: agency has been funded previous years and no findings were found and no unresolved concerns are pending. Risk Analysis a. HCD staff shall perform risk analysis for each of the funded projects to analyze and compare against the full spectrum of formula and competitive program participants and programs. This method ranks recipients in descending order, from highest to lowest risk. b. Three categories are generally used: high, medium and low risk. Monitoring visits shall be scheduled based on the results of the analysis perform and rank projects accordingly to be monitored in the first, second, third, or fourth quarter of funded year. c. Risk Analysis completed forms must be filed in the Recipient's administrative file. Pre -visit Preparations Checklist: Conducting a TA Visit: (a) review the recipient's administrative file, RFP application, subrecipient agreement (and amendments, if any) risk analysis, etc., (b) if construction related, notify respective HCD staff (by e-mail) that a monitoring visit is going to be scheduled and if there are any issues that need to be focused on during the monitoring visit. Make note of issues on the notice of monitoring (letter) to be sent to recipient. (c) before preparing notice for a TA, contact recipient for date/time availability and once verbally confirmed, send out written notice by regular or e-mail. A day before the TA visit, call to remind recipient. (d) upon arrival, greet recipient or representative, have a quick introduction and if necessary go over some of the areas noted on the TA letter. Briefly discuss basic documentation as to what needs needs to be on file and explain the importance of having "written" polices and procedures. A review tenant/client files (ask them to select about 3 files for your review) is recommended. Inform them that administrative and financial operating procedures should support their method of operations (ex: if a policy is in place, staff should be compiling with such, this may also include requirements included in tenant leases vs. recipient's operation procedures.) Provide them the opportunity to ask questions and feel at ease. 20 Conducting a Desk Review: (a) review the recipient's administrative file, RFP application, subrecipient agreement (and amendments, if any) risk analysis, etc., (b) if construction related, notify respective HCD staff (by e-mail) that an in-house desk review is going to be conducted and if there are any issues that need to be focused on du ring the desk review. (c) review financial file and visit with financial staff for any issues pending (d) notify recipient that an in-house desk review level monitoring will be conducted on such date and feedback will be provided to them. If there are any concerns, they will be noted on the Desk Review Monitoring Report and recommendations or action(s) needed to be taken by recipient will be identified OR if during the in-house desk review monitor determines a full on-site monitoring visit is needed, recipient will be notified. (e) In-house desk review report shall note which areas were reviewed and will note whether or not there are any concerns. Monitor will provide a signed copy of report to HCD Administrator A cover letter should be attached for HCD Administrators signature. NOTE: Desk Reviews monitoring method is only favorable for recipients whom have had years of successful program/project management. Desk reviews also allow HCD staff more staff time to conduct more intense monitoring visits for other recipients as needed. A desk review should be conducted only on an "every other year" basis and a full on-site monitoring visit should be conducted in between. a. In order to conduct a successful monitoring visit HCD staff shall perform a thorough desk review and be aware of any previous or current issues which need to be identified on the notice of monitoring visit and addressed at the time of conducting the monitoring visit. b. Completing the monitoring forms (see Monitoring Handbook) prior to sending out notice of monitoring visit which will indicate areas to be monitored, depending on the eligibility and national objective that needs to be met. c. All monitoring correspondence, completed forms, monitoring support documentation shall become part of the project administrative file. Conducting the On -Site Monitoring: Notification Letter • Send a formal notification letter no less than two weeks prior to the visit. Letter will contain the confirmed date and time of the visit along with the scope of the monitoring. Schedule a date and time convenient for the Subrecipient. • Provide the Recipient with a description of the information that will be reviewed during the visit. 21 • Specify the expected duration of the monitoring, which staff will be involved in the monitoring, what office space will be required, and what members of the Recipient's staff that the monitor will need to speak with. Entrance Conference/Interview • Upon arriving to the on-site monitoring visit, HCD staff will hold an entrance conference/interview with the Recipient's director and appropriate financial and program staff immediately before beginning the monitoring. • HCD staff will make sure that all Recipient's staff have clear understanding of the purpose, scope, and schedule of the monitoring from the very beginning. • Both City and Recipient must understand that it is the City's responsibility to monitor the Recipient's activities and determine whether its use of Program; funds is appropriate and meet HUD regulations. Documentation, Data Collection and Analysis • HCD staff shall use monitoring checklists provided in the CPD Grantee Monitoring Handbook (http://www.hud.gov/offices/cpd/library/monitoring/handbook.cfm). HCD staff can use appropriate checklists that apply to the specific Recipient's activities. • HCD staff shall become familiar with the monitoring checklists and will document compliance, concerns, and/or findings; • HCD staff shall keep clear records of the steps that were followed and the information reviewed and obtain during the visit; Exit Conference/Interview • At the end of the monitoring visit, staff will meet again with key representatives of the surbrecipient organization to present the tentative conclusions from the monitoring visit. • The exit conference/interview should include the following objectives: o Present preliminary results of the monitoring visit; o Provide an opportunity for the Recipient to correct any misconceptions or misunderstandings on staff's part; o Secure additional information from the Recipient's staff to clearly or support their position; and o If there is indeed a concern or deficiency, provide the Recipient with an opportunity to report on steps they are already taking to correct the matter. • HCD staff will maintain notes on the exit conference in order to document what was discussed with the Recipient and whether the Recipient agreed with staff's tentative concerns and/or findings leaving a clear understanding of the areas of agreement and disagreement about staff's monitoring results. 22 Monitoring Letter Once the monitoring visit is concluded, HCD staff shall review all documentation and send a follow-up monitoring letter. The monitoring letter will be used to create a permanent written record of what staff found during the monitoring visit. Letters should emphasize the areas where the Recipient has done a good job and is in compliance or shown significant improvement as well as pointing out areas where corrective action or improvement is required. • Follow-up letters should identify fully every finding and concern. • If a finding of non-compliance is found, ensure that the finding is correctly identified based on an applicable law, regulation, or program policy, and support the facts presented in the monitoring letter. • For each finding, specify corrective actions the Recipient must take. • If a concern is identified where non-compliance may occur in the future because of weaknesses in the Recipient's operations, include specific recommendations for improvement. • Include deadlines in the monitoring letter for providing a written response to staffs monitoring letter that describes how the Recipient will resolve any findings and correcting each deficiency identified in the letter. • HCD staff shall mail the monitoring letter to the Recipient within 30 days after exit conference, especially if the letter details significant problems in the Recipient's operations. 23 COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS (CHDOs) Set Aside HUD requires that 15% of the HOME allocation each year be made available to Community Housing Development Organizations (CHDOs) for the development of affordable homebuyer or rental housing. Certification Organizations seeking CHDO status must document that the organization has capacity to own, develop, or sponsor housing each time it commits funds to the organization. HUD has established minimum criteria for eligibility as a CHDO and the City has developed the "Community Housing Development Organization (CHDO) Policy, Procedure, and Standards" document to outline the process and requirements for CHDO certification. 24 Resolutions of Support for Housing Tax Credit Projects The City of Corpus Christi (the City) has formalized a process for developers requiring Resolutions of Support or No Objection for multi -family rental housing development projects seeking Housing Tax Credits (HTC) through the Texas Department of Housing and Community Affairs (TDHCA). Each year, the TDHCA is required to develop the Qualified Allocation Plan (QAP) to establish the procedures and requirements relating to the allocation of Housing Tax Credits. Once the QAP is submitted and approved by the Office of Governor, which occurs in December of each year, the adopted QAP will be published in the Texas Register. Typically, Resolutions of Support are required to be submitted to TDHCA during a specific timeframe. During the December 15, 2015 City Council Meeting, the Council approved the following list of amenities which would be required to be incorporated in a multi -family development in order to receive a Resolution of Support. The amenities were as follows: ✓ Full perimeter fencing ✓ Equipped functional computer learning center (2 computers per 20 units) ✓ Furnished community room ✓ Community laundry room ✓ Children's playscape area (where applicable) ✓ Appropriate Zoning During the FY2017-2018 Program Year, the City will also require the following in order to receive a Resolution of Support: ✓ Statement from Developer of meeting with the Council Member of the district of the proposed project to discuss the overall project. ✓ Meeting with the Housing and Community Development, Development Services, and Planning Departments to discuss the proposed project, site location, and project funding ✓ Appropriate size zoning During the FY2018-2019 Program Year and moving forward, the above will be required as well as site consideration from the City's Future Land Use Map below: 25 AInset 1 ces Bay Corpus Christi Bay c # • " 'IP sit gm, Wre • •• 0 Hay KID Future Lend Liss Map Mime use AgileslineeRsaal Enlarpgae MI Cagan weld Onsannanani - IMAM Mal Honey hriAtrIsl L. duty* Transparisilm Lao -Demi eg Residential Planned Dersinarkuni Matliari-Densly Residential Paisnansit Oimai Space H,Str.01.0,ty, FtSsaisst161 Flosel Plata ConsmetlOs Trsneitlen Aviation special Diranlet TranmIden Spmei Rly Lfrsi EXOSSAnganal I=1 Planning Oita. Chapman Ranch 111- Miles EMERGENCY SOLUTIONS GRANT PROGRAM The City of Corpus Christi receives an annual allocation from The U.S. Department of Housing and Urban Development for the Emergency Solutions Grant (ESG) Program. The City utilizes the funding for three (3) of the six (6) eligible activities. The funding is used for Administration of the ESG program and also two (2) additional activities which aide in housing in the ways of prevention and re-entry: Homelessness Prevention Housing relocation and stabilization services and short -and/or medium-term rental assistance as necessary to prevent the individual or family from moving to an emergency shelter, a place not meant for human habitation, or another place described in the homeless definition. The costs of homelessness prevention are only eligible to the extent that the assistance is necessary to help the program participant regain stability in their current housing or move into other permanent housing and achieve stability in that housing. Eligible costs include: • Rental Assistance: rental assistance and rental arrears • Financial assistance: rental application fees, security and utility deposits, utility payments, last month's rent, moving costs • Services: housing search and placement, housing stability case management, landlord -tenant mediation, tenant legal services, credit repair See 24 CFR 576.103. Rapid Re -Housing Housing relocation and stabilization services and/or short -and/or medium-term rental assistance as necessary to help individuals or families living in shelters or in places not meant for human habitation move as quickly as possible into permanent housing and achieve stability in that housing. Eligible costs include: • Rental Assistance: rental assistance and rental arrears • Financial Assistance: rental application fees, security and utility deposits, utility payments, last month's rent, moving costs • Services: housing search and placement, housing stability case management, landlord -tenant mediation, tenant legal services, credit repair See 24 CFR 576.104 27 APPENDICES Appendix 1: City of Corpus Christi Income Limits and Part 5 Requirements Page 29 Appendix 2: Community Housing Development Organization (CHDO) Policy, Procedure and Standards Page 30 Appendix 3: HOME Program Recapture Requirements for Homebuyer Activities Appendix 4: Lead Based Paint Requirements Appendix 5: Environmental Review Policy and Procedures Appendix 6: Regulatory References Appendix 7: Maps 28 Page 32 Page 34 Page 37 Page 45 Page 47 APPENDIX 1 City of Corpus Christi Income Limits and Part 5 Requirements The City elected to utilize the 24 CFR Part 5 definition for determining annual income. The Part 5 definition of annual income is the gross amount of income of all adult household members that is anticipated to be received during the coming 12 month period. Annual income is used to determine eligibility and, in some programs, the level of assistance the household will receive. The City will use a household's expected ability to pay, rather than past earnings, when estimating housing assistance needs. Staff will utilize the Technical Guide for Determining Income and Allowances for the HOME Program as a resource and the standard to make a determinations on the following: > Whose Income to Count > Types of Income to Count > Treatment of Assets > What to include as an Asset > Income from Assets > Annual Income Inclusions and Exclusions > Calculating Part 5 Annual Income > Determining Household size > Comparing Household income to the HUD Limits > Income Certifications 2016 ADJUSTED HOME INCOME LIMITS for City of Corpus Christi Housing Programs Very Low Income: Minor Home Repair, Veterans Minor Home Repair Family Size 1 2 3 4 5 6 7 8 Annual 20,350 23,250 26,150 29,050 31,400 33,700 36,050 38,350 Income Low & Moderate Income: Single Family Grant Rehab and Homebuyer Assistance Family Size 1 2 3 4 5 6 7 8 Annual 32,550 37,200 41,850 46,500 50,250 53.950 57,700 61,400 Income Revised 6/6/2016 *Income limits are established by HUD 29 APPENDIX 2 Community Housing Development Organization (CHDO) Policy and Standards 24 CFR 92 Community housing development organization means a private nonprofit organization that: (1) Is organized under State or local laws; (2) Has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual; (3) Is neither controlled by, nor under the direction of, individuals or entities seeking to derive profit or gain from the organization. A community housing development organization may be sponsored or created by a for-profit entity, but: (i) The for-profit entity may not be an entity whose primary purpose is the development or management of housing, such as a builder, developer, or real estate management firm. (ii) The for-profit entity may not have the right to appoint more than one-third of the membership of the organization's governing body. Board members appointed by the for- profit entity may not appoint the remaining two-thirds of the board members; (iii) The community housing development organization must be free to contract for goods and services from vendors of its own choosing; and (iv) The officers and employees of the for-profit entity may not be officers or employees of the community housing development organization. (4) Has a tax exemption ruling from the Internal Revenue Service under section 501(c)(3) or (4) of the Internal Revenue Code of 1986 (26 CFR 1.501(c)(3)-1 or 1.501(c)(4)-1)), is classified as a subordinate of a central organization non-profit under section 905 of the Internal Revenue Code of 1986, or if the private nonprofit organization is an wholly owned entity that is disregarded as an entity separate from its owner for tax purposes (e.g., a single member limited liability company that is wholly owned by an organization that qualifies as tax-exempt), the owner organization has a tax exemption ruling from the Internal Revenue Service under section 501(c)(3) or (4) of the Internal Revenue Code of 1986 and meets the definition of "community housing development organization;" (5) Is not a governmental entity (including the participating jurisdiction, other jurisdiction, Indian tribe, public housing authority, Indian housing authority, housing finance agency, or redevelopment authority) and is not controlled by a governmental entity. An organization that is created by a governmental entity may qualify as a community housing development organization; however, the governmental entity may not have the right to appoint more than one-third of the membership of the organization's governing body and no more than one- third of the board members may be public officials or employees of governmental entity. Board members appointed by a governmental entity may not appoint the remaining two-thirds of the board members. The officers or employees of a governmental entity may not be officers or employees of a community housing development organization; (6) Has standards of financial accountability that conform to 24 CFR 84.21, "Standards for Financial Management Systems;" (7) Has among its purposes the provision of decent housing that is affordable to low-income and moderate-income persons, as evidenced in its charter, articles of incorporation, resolutions or by-laws; (8) Maintains accountability to low-income community residents by: (i) Maintaining at least one-third of its governing board's membership for residents of low- income neighborhoods, other low-income community residents, or elected representative of low-income neighborhood organizations. For urban areas, "community" may be a neighborhood or neighborhoods, city, county or metropolitan area; for rural areas, it may be a neighborhood or neighborhoods, town, village, county, or multi-county area (but not the entire State); and (ii) Providing a formal process for low-income program beneficiaries to advise the organization in its decisions regarding the design, siting, development, and management of affordable housing; (9) Has a demonstrated capacity for carrying out housing projects assisted with HOME funds. A designated organization undertaking development activities as a developer or sponsor must satisfy this requirement by having paid employees with housing development experience who will work on projects assisted with HOME funds. For its first year of funding as a community housing development organization, an organization may satisfy this requirement through a contract with a consultant who has housing development experience to train appropriate key staff of the organization. An organization that will own housing must demonstrate capacity to act as owner of a project and meet the requirements of §92.300(a) (2). A nonprofit organization does not meet the test of demonstrated capacity based on any person who is a volunteer or whose services are donated by another organization; and (10) Has a history of serving the community within which housing to be assisted with HOME funds is to be located. In general, an organization must be able to show one year of serving the community before HOME funds are reserved for the organization. However, a newly created organization formed by local churches, service organizations or neighborhood organizations may meet this requirement by demonstrating that its parent organization has at least a year of serving the community. 31 APPENDIX 3 HOME Program Recapture Requirements for Homebuyer Activities HOME INVESTMENT PARTNERSHIPS PROGRAM RECAPTURE PROVISIONS The City of Corpus Christi, HOME Down Payment Assistance Program in compliance with 24 CFR 92.254 of the HOME rule, has adopted the following recapture policy, using the HUD acceptable recapture model, Reduction (or Forgiveness) During the Affordability Period. The HOME recapture provisions are established in §92.254(a)(5) and permit the original homebuyer to sell the property to any willing buyer within the affordability period, while the City of Corpus Christi is able to recapture all or a portion of the HOME assistance provided to the original homebuyer. The recapture approach requires that all or a portion of the direct subsidy provided to the homebuyer be recaptured from the net proceeds of the sale. Direct HOME Subsidy is the amount of HOME assistance, including any program income that enabled the homebuyer to buy the unit. It includes down payment, closing costs, interest subsidies, or other HOME assistance provided directly to the homebuyer. It also includes any assistance that reduced the purchase price from the fair market value to an affordable price. Furthermore, if HOME funds are used for the cost of developing a property and the unit is sold below fair market value, the difference between the fair market value and the purchase price is considered to be directly attributable to the HOME subsidy. Net Proceeds is the sales price minus the superior loan repayment (other than HOME funds) and any closing costs. The City of Corpus Christi may require full or partial repayment of the direct HOME subsidy when a subsequent sale occurs during the affordability period. If there are no proceeds or insufficient proceeds to recapture the full amount of HOME investment due, the amount subject to recapture must be limited to what is available from the net proceeds. The period of affordability is based upon the total amount of HOME funds subject to recapture, which is based on the amount of HOME assistance that enabled the homebuyer to purchase the home. This may include any HOME assistance that reduced the purchase price from fair market value to an affordable price, but excludes the amount between the cost of producing the unit and the market value of the property, such as the development subsidy. The recaptured funds must be used to carry out HOME eligible activities within the City of Corpus Christi. The period of affordability for the HOME Down Payment Assistance Program is five (5) years. As per HUD regulations, the period of affordability does not begin until the activity is shown as completed in HUD's Integrated Disbursement and Information System ("IDIS"). Therefore, the period of affordability may not start until sometime after the actual execution date of the Agreement and related Deed of Trust and Promissory Note. The period of affordability will however begin on the same date as the IDIS activity completion date. 32 The following table outlines the required minimum HOME affordability periods: HOME Investment Per Unit Minimum Period of Affordability Under $15,000 5 Years $15,000 to $40,000 10 Years Reduction (or Forgiveness) During the Affordability Period: The City of Corpus Christi has chosen to reduce the amount of direct HOME subsidy on a pro -rata basis for the time the homebuyer has owned and occupied the dwelling, measured against the required affordability for its HOME Down Payment Assistance Program. The HOME Down Payment Assistance Program will provide a program and income eligible homebuyer with up to $5,000 in HOME assistance. The pro rata amount to be recaptured will be determined by the following formula: # of years in the home x the total direct HOME subsidy = Recapture Amount period of affordability - The number of years the homebuyer occupied the home, divided by the period of affordability; - Multiply the resulting figure by the total amount of direct HOME subsidy originally provided to the homebuyer If there are insufficient net proceeds available to recapture the full amount pro rata amount due, then it is not required to repay the difference between the prorated direct HOME subsidy due and the amount the City of Corpus Christi is able to recapture from available net proceeds. Recapture Example: A homebuyer receives $5,000 of HOME down payment assistance to purchase a home. The total direct HOME subsidy to the homebuyer is $5,000 and requires a 5 year period of affordability. If the homebuyer sells the home in year 3 of the 5 year affordability period, the City of Corpus Christi would forgive 60 percent of the direct HOME subsidy and recapture 40 percent of the direct HOME subsidy, or $2,000 of the HOME investment, assuming that there are sufficient net proceeds available. In summary: The City of Corpus Christi will ensure that a detailed HOME Homebuyer Assistance Program Agreement and Notice of Period of Affordability Agreement that convey the recapture provisions is executed with the homebuyer to ensure that all parties are aware of the specific HOME requirements applicable to the home, such as the period of affordability, principal residency requirement, terms; and conditions of the recapture requirement. The HOME Homebuyer Assistance Program Agreement is a separate legal document that will comply with 24 CFR 92.254 of the HOME rule. As per accordance with the terms and provisions of the HOME Homebuyer Assistance Program Agreement, the City of Corpus Christi through the Notice of Period of Affordability Agreement will provide the homebuyer with the HUD IDIS activity completion date, which is equal to the beginning date of the Period of Affordability. 33 APPENDIX 4 Lead -Based Paint Requirements This portion of the manual outlines the requirements in relation to Lead -Based Paint. The U.S. Department of Housing and Urban Development recently adopted new regulations in relation to the treatment of Lead Based Paint in properties built before 1978 that are assisted with HUD funding. The requirements are outlined below based on the activity undertaken. To obtain a copy of the rules from HUD, go to the HUD website at: www.hug.gov/lead and download the regulation. Down -payment Assistance Programs: The following are HUD's requirements See 24 CFR part 35 (subpart K): • Distribute Lead Hazard Information Pamphlet and Disclosure to buyers of homes built prior to 1978. • Perform Visual Assessment of all painted surfaces. • If Visual Assessment reveals deteriorated paint, action must be taken to stabilize each deteriorated paint surface. -At this point, the City will have to assume every component has lead since the Visual Assessment does not determine where lead is present. Safe work practices must be used by trained worker in this field. Paint stabilization works well on non -friction surfaces such as walls (interior/exterior). When dealing with friction points such as windows and doors, abatement procedures (removal, replacement, enclosure) are recommended. • After paint stabilization, clearance must be performed by a certified Risk Assessor or Lead Inspector. HUD has established lead levels that meet clearance requirements. • Notify the homebuyer within 15 days of results of clearance exam. At the Visual Assessment Stage, the homebuyer may opt for a lead test. This will reveal the levels of lead present in the home. A lead inspection will not tell you the risk involved, but only where the lead is located. This is when a buyer may request a Risk Assessment to outline the necessary Lead Hazard Reduction methods needed to insure a lead safe residence. Following are some options (NOT REQUIREMENTS) to consider in relation to your program design for down payment assistance programs: • If the visual assessment reveals defective paint in which stabilization and clearance is required then this cost can be funded by the nonprofit or the homebuyer or seller. • If visual assessment shows no deterioration of a painted surface, the homebuyer can sign a waiver stating that they are aware of the potential presence of lead paint and they choose not to address it. • A qualified consultant should advise on any lead inspection, lead hazard screen or risk assessments. 34 For Rehabilitation Programs (Owner -Occupied, Homebuyer, and Rental Property Rehabilitation Programs and Historic Preservation Residential Programs): See 24 CFR Part 35 (subpart J) If you are implementing a rehabilitation program, HUD's requirements are a bit more stringent in relation to lead based paint. The following describes HUD's requirements: For HUD funded rehabilitation activities, lead hazard evaluation and reduction activities must be carried out for all projects constructed before 1978. In all cases, notification must be made to the homeowner/buyer in the form of the HUD Lead Hazard Information Pamphlet and Disclosure or an acceptable alternative pamphlet. The required evaluation and reduction activity is dependent upon the amount of HUD funding used for the project. For cases where less than or equal to $5,000 will be spent on the rehabilitation: Testing: Paint Testing of surfaces to be disturbed by the rehabilitation activities must occur. Lead Hazard Reduction: Surfaces, which are disturbed during rehabilitation, must be re paired. Safe work practices must be used. After the rehabilitation activities are completed, clearance must be performed by a certified professional to ensure that units are safe. For cases where $5,001 to $25,000 will be spent on the rehabilitation: Testing: Paint testing of surfaces to be disturbed by rehabilitation must occur. In addition, a risk assessment must be performed. Lead Hazard Reduction: Interim controls must be used. This means that the friction and impact surfaces will be addressed. Interim controls include paint stabilization and cleaning. Safe work practices must be used. After the rehabilitation activities are completed, clearance must be performed by a certified professional to ensure that units are safe. For cases where more than $25,000 will be spent on the rehabilitation: Testing: Paint testing of surfaces to be disturbed by rehabilitation must occur. In addition, a risk assessment must be performed. Lead Hazard Reduction: abatement of hazards is the required approach. Abatement involves permanently removing lead based hazards, often through paint and component removal, replacement, encapsulation and enclosure. Interim controls and paint stabilization may be used on the home's exterior if it is not involved in the rehabilitation. Safe work practices must be used. After the lead hazard reduction activities are completed, clearance must be performed by a certified professional to ensure that units are safe. 35 Calculating the level of rehabilitation assistance: When calculating how much HUD funding will be used on a rehabilitation project, the following costs are counted: soft costs, administrative costs, relocation costs, environmental reviews, acquisition of property, and lead hazard evaluation and reduction costs. 36 APPENDIX 5 Environmental Review Policy and Procedures Environmental Review Record Procedures STEP 1: Determine the Level of Review The HCD Contract Administrator (CA) will review the program/project scope of work and determine at what level of environmental review needs to be conducted. The National Environmental Policy Act (NEPA) Classifications that will be determined are listed below: 1. Environmental Review for Activity/Project that is Exempt or Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR Part 58.34 (a) and 58.35 (b) Activities that by their very nature will have no physical impact upon the environment are exempt from NEPA requirements as well as Part 58.5. In these cases, the City does not need to check for compliance with the requirements or perform an environmental review, consultation, or other action under NEPA. Some examples from NEPA requirements include: • Environmental studies, plans & strategies • Information & financial services • Administrative & management expenses • Public services without physical changes • Inspections & testing properties • Purchase of insurance • Purchase of tools • Engineering or design costs • Technical assistance & training • Payment of principal and interest on HUD loans • Any of the CEST activities at §58.35(a) if Federal laws and authorities at §58.5 are not triggered Activities in this section that are categorically excluded from the requirements at 58.5, due to HUD's determination that such activities will not alter any conditions that would require a NEPA review or a compliance determination under 58.5. When performing a categorically excluded activity not subject to 58.5, the City does not need to publish a Notice of Intent/Request for Release of Funds (NOl/RROF). Following the award of program funds, no further approval from HUD will be needed with respect to environmental requirements. Examples of categorically excluded, not subject to NEPA requirements are: • Tenant -based rental assistance • Supportive services • Operating costs including maintenance, security, operation, utilities, 37 furnishings, equipment, supplies, staff training and recruitment and other incidental costs • Economic development activities not associated with construction or expansion of existing operations • Activities to assist homebuyers • Affordable housing pre -development costs • Supplemental assistance of previously -approved project 2. Categorically Excluded Subject to 58.5 Any of the categorically excluded activities in 58.35 are exempt from NEPA, provided that there are no circumstances that require compliance with any other federal law and authorities cited in 58.5. The City can designate an activity as Exempt after consulting with applicable agencies and organizations, and if it can show that none of the federal laws and authorities are triggered through funding this activity. The City must record compliance or conformance determinations for each statute, executive order, or regulation and provide credible, traceable, and supportive source documentation for each authority. Where applicable, the City must also complete the necessary reviews or consultations and obtain or note applicable permits or approvals. Additional documentation as appropriate must be attached to the environmental review record. Examples of categorically excluded, subject to NEPA requirements are: • Acquisition, repair, improvement, reconstruction or rehabilitation of public facilities and improvements when: ■ Facilities and improvements are in place ■ No more than 20% change in size or capacity ■ No change in land use • Removal of architectural barriers that restrict accessibility • Rehabilitation of buildings and improvements: ■ Residential Structures of 1 —4 units: no more than 4 units; no change in land use; cannot increase into floodplain or wetland ■ Multifamily Residential Structures: unit density does not change more than 20%; no change in land use; cost of rehab is less than 75% of replacement cost after rehabilitation ■ Commercial, Industrial and Public Buildings: size and capacity does not increase by more than 20%; no change in land use • Individual action on up to four dwelling units (One 4 -unit structure or four 1- unit structures or any combination in between): • Individual action on a project of five or more housing units when sites are more than 2000 feet apart and no more than four units on any one site. • Acquisition, disposition or finance of existing structure or vacant land if retained for same use. • Combination of any of the above activities. 38 3. Subject to an Environmental Assessment (24 CFR 58.36) If a project is not exempt or categorically excluded under the above sections, the City must prepare an Environmental Assessment (EA). An EA is a concise public document that includes all the evidence and analysis supporting the City's decision as to whether an environmental impact statement is warranted or if an activity will result in no significant impact to the environment. Examples when environmental assessments are needed are: • New Construction (more than five (5) units); • Construction of Public Facilities; • Infrastructure Development; • New construction, demolition and/or reconstruction of five or more single family units on scattered sites that are less than 2,000 feet apart; • Extending the footprint of a single family unit into the floodplain or wetland area or expanding the footprint of a structure that is already in a floodplain or wetland area; • Major rehabilitation or reconstruction of multifamily residential units that increases or decreases the unit density more than 20 percent; • Conversion of a non-residential structure to create a residential use; • Acquisition of land for development of a housing subdivision; • Activities that are normally exempt or categorically excluded but have an extraordinary circumstance that requires further review. The City must file the completed checklist and a statement in the Environmental Review Record. 4. Subject to an environmental impact statement (24 CFR 58.37) If a project is subject to a full EA and is determined to have a potentially significant impact on the human environment, then an Environmental Impact Statement (EIS) is required. An EIS is also required if the project fits at least one of the following criteria: • It would provide a site or sites for or result in the construction of hospitals or nursing homes containing more than 2,500 or more beds; • It would remove, demolish, convert or substantially rehabilitate 2,500 or more existing housing units or would result in the construction or installation of 2,500 or more housing units; • It would provide enough additional water and sewer capacity to support 2,500 or more additional housing units. 39 STEP 2: Preparation of Environmental Review Once the level of environmental review is determined, HCD staff will include the determination in the Eligibility and Compliance Plan document. HCD staff will either prepare internally or designate the recipient to prepare environmental records. The estimated timeframe, depending on consultations require for completing Environmental Process is as follows: Environmental Determination Estimated Timeline for Preparation Exempt 1 Day Categorically Excluded not Subject to 58.5 1 Day Categorically Excluded Subject to 58.5 30-75 Days Environmental Assessment 45-100 Days Environmental Impact Statement 1-2 Years Tiered Environmental Review Environmental Reviews may be tiered to avoid repetition. Tiered reviews are used to identify and evaluate issues ripe for decision, excluding issues not relevant to the program, policy or project. They are appropriate when: • Evaluating a policy or proposal • Early Stages of Development • When site-specific analysis is not feasible and more narrowed and focused review is better done at a later date • Tiered environmental reviews are not appropriate for projects requiring an Environmental Assessment. The City will ensure tiered environmental reviews are prepared for single family housing programs at unspecified sites. This review is conducted to achieve both compliance and speed because it does not require upfront identification of assisted properties. In short, a tiered review focuses on a specific geographical area to address and analyze environmental impacts related to the proposed activities that might occur on the typical project site within that area. The specific addresses/locations of the individual properties are not known at this time. However, once individual project sites are located, any remaining environmental compliance issues that could not be resolved until project locations became known are completed according to standards for approval previously established for the target area. The City's tiered review focuses on scattered sites located throughout a particular targeted area unless the housing program is considered city-wide. 40 The Tier 1 addresses all laws and authorities possible and establishes a plan (narrative) for the site-specific or subsequent review. HCD must publish a public notice of intent to request a release of funds (NOl/RROF) and submit RROF as described in Step 3. The Tier 2 site-specific review does not require a public notice or RROF required unless there are unanticipated impacts or impacts that are not adequately addressed in the Tier 1 review. 8 -Step Decision Making Process for Projects in the Floodplain 1. Determine whether the action is located in a 100 -year floodplain (or a 500 -year floodplain for critical actions). 2. Notify the public for early review of the proposal and involve the affected and interested public in the decision making process. 3. Identify and evaluate practicable alternatives. Identify the project site selection criteria and consider several alternative sites and actions: A. Locate the project within the floodplain B. Consider modifying the project C. Obtain a Letter of Map Amendment (LOMA) or Letter of Map Revision (LOMR) or A. Locate the Project Outside of the Floodplain B. Consider other sites C. Consider no action or alternative actions that serve the same purpose 4. Identify Potential Direct and Indirect Impacts of Associated with Floodplain Development. 5. Where practicable, design or modify the proposed action to minimize the potential adverse impacts to lives, property, and natural values within the floodplain and to restore, and preserve the values of the floodplain. 6. Reevaluate the Alternatives. 7. Determination of No Practicable Alternative 8. Implement the Proposed Action 41 STEP 3: Publication of Notice of Intent (NOI) Request for Release of Funds (RROF) and Finding of No Significant Impact (FONSI) Categorical Exclusions HCD will publish a Notice of Intent to Request a Release of Funds (NOl/RROF) for projects that are Categorically Excluded Subject to §58.5 and projects requiring EAs, using the HUD recommended format. At a minimum, HCD staff shall publish the NOl/RROF notice in a newspaper of general circulation and on the City's HCD website. Additionally, the following shall be notified: 1. Individuals and groups known to be interested in the activities 2. Appropriate tribal, local, State and Federal agencies 3. Regional Offices of the environmental Protection Agency 4. HUD Field Office — Local HUD Representative Valicia Cisneros CPD Representative Department of Housing and Urban Development 615 East Houston Street, Suite 347 San Antonio, Texas 78205 CA must consider the comments and make modifications, if appropriate, in response to the comments, before it certifies and submits the RROF to HUD. The public comment period is 7 days when published, counting from the day after the publication. Environmental Assessments (EA) If the CA makes a Finding of No Significant Impact from an EA, it must prepare a Finding of No Significant Impact (FONSI) notice, using the HUD recommended format. At a minimum, HCD staff shall publish the FONSI/NOl/RROF combined notice in a newspaper of general circulation and on the City's HCD website. Additionally, the following shall be notified: 1. Individuals and groups known to be interested in the activities 2. Appropriate tribal, local, State and Federal agencies 3. Regional Offices of the Environmental Protection Agency (Attachment IV) 4. HUD Field Office — Local HUD Representative Valicia Cisneros CPD Representative Department of Housing and Urban Development 615 East Houston Street, Suite 347 San Antonio, Texas 78205 42 The FONSI public comment period is 15 days when published, counting from the day after the publication. HCD typically publishes a FONSI notice at the same time it publishes the NOI/RROF. If the notices are released as a combined notice, the combined notice shall clearly indicate that it is intended to meet two separate procedural requirements; and, advise the public to specify in their comments which "notice" their comments address. The public comment period is 15 days when published, counting from the day after the publication. STEP 4: Preparation and Submission of the Request for Release of Funds (RROF) If no comments are received or once the comments are addressed, a HUD -7015.15 Request for Release of Funds (RROF) will be prepared by HCD staff and signed by the Housing and Community Development Director (Certifying Official). Once the signature is obtained, it will be submitted to the local HUD office. If comments are received HCD must consider the comments and make modifications, if appropriate, in response to the comments, before it completes its environmental certification and before the recipient submits its RROF. The RE cannot sign the RROF until the day after the public comment period closes. The form must be printed on both sides and the original copy must be submitted to HUD. The RROF cannot be altered in any way. In preparing a RROF, HCD must ensure that all applicable sections are completed. This includes the following: • HUD program for which funds are being requested is included • The Name and Address of the RE • Name and Address of the Recipient if it is not the RE • Project description for which RE is requesting funds • Indication of whether an EIS was or was not required • Signature of the Certifying Officer • Copy of City Manager's letter delegating authority as Certifying Officer to the Housing and Community Development Director • Certification Date after expiration of public notice comment period • Signature of the authorized officer of the Recipient when the Recipient is not the RE • Date of signature of the Recipient after expiration of the public notice comment period • Attach a copy of the public notice • Attach a copy of the citizen comments and responses The receipt of which will begin the fifteen (15) day period for HUD to receive comments. The original RROF document and a copy of the publication will be mailed to the San Antonio HUD local office located at 615 East Houston Street, San Antonio, Texas 78205. After HUD's fifteen (15) day comment period and no comments were received, HUD will send the City an Authority to Use Grant Funds (form HUD -7015.16). At this point the City is authorized to commit and use federal funds to undertake the various projects. 43 STEP 5: After Approval of the Environmental Review Record 1. CA shall add (if applicable) all public notice affidavits, citizen comments and responses, RROF, and the Authority to Use Grant Funds (ATUGF) to the environmental review record. 2. CA shall notify the agency or city department of approved environmental record. 3. CA shall ensure all mitigation and environmental requirements are incorporated into any contractual agreements. STEP 6: Environmental Review Recordkeeping 1. CA shall ensure all Environmental Review Records are certified by the HCD Director (Certifying Officer). 2. CA shall ensure the Environmental Review Records remain accessible in the centralized located shared -access drive for availability. 44 APPENDIX 6 Regulatory References You may be interested in reading the actual regulations published by the U.S. Department of Housing and Urban Development for CDBG and HOME and the applicable federal requirements. A copy of the regulations may be obtained by the contracting the Office of Grants Monitoring and Administration or downloading the information from the HUD website at www.hud.gov. The regulations for CDBD are located at 24 CFR Part 570: Part 570 — Community Development Block Grants Subpart A — General Provisions Section Title 570.1 Purpose and Primary Objective 570.2 Removed 570.3 Definitions 570.4 Allocations of Funds 570.5 Waivers Subpart C — Eligible Activities Section Title 570.200 General Policies 570.201 Basic eligible activities 570.202 Eligible rehabilitation and preservation activities 570.203 Special economic development activities 570.204 Special activities by Community -Based Development Organizations (CBDO's) 570.205 Eligible planning, urban environmental design and policy -planning -management - capacity building activities 570.206 Program administration costs 570.207 Ineligible activities 570.208 Criteria for national objectives 570.209 Guidelines for evaluating and selecting economic development projects The regulations for HOME are located at 24 CFR Part 92: Home Investment Partnerships Program Section Title SUBPART A - GENERAL 92.1 Overview 92.2 Definitions 92.4 Waivers and Suspensions of Requirements for Disaster Areas 45 SUBPART B — ALLOCATIONS FORMULA 92.50 Formula Allocations 92.60 Allocation Amounts for Insular Areas 92.61 Program Description 92.62 Review of Program Description and Certifications 92.63 Amendments to Program Description 92.64 Applicability of Requirements to Insular Areas 92.65 Funding Sanctions 92.66 Reallocations SUBPART C — CONSORTIA; DESIGNATION AND REVOCATION OF DESIGNATION AS A PARTICIPATING JURISDICTION 92.101 Consortia 92.102 Participation Threshold Amount 92.103 Notification of Intent to Participate 92.104 Submission of a Consolidated Plan 92.105 Designation as a Participating Jurisdiction 92.106 Continuous Designation as a ParticipatingJurisdiction 92.107 Revocation of Designation as a ParticipatingJurisdiction SUBPART D — SUBMISSION REQUIREMENTS 92.150 Submission Requirements SUBPART E — PROGRAM REQUIREMENTS 92.200 Private -Public Partnership 92.201 Distribution of Assistance 92.202 Site and Neighborhood Standards 92.203 Income Determinations 92.204 Applicability of Requirements to Entities that Receive a Reallocation of HOME Funds, other than Participating Jurisdictions 92.205 Eligible Activities: General 92.206 Eligible Project Costs 92.207 Eligible Administrative and Planning Costs 92.208 Eligible Community Housing Development Organization (CHDO) Operating Expense and Capacity Building Costs 92.209 Tenant -Based Rental Assistance: Eligible Costs and Requirements 46 Affordable Housing Multifamily in Corpus Christi Iz "Arra • e• ne• r•1010111• anotmonela• Fes 4,11,1•••• VelmeonlInlele. -1.1•••• Yam Yoe • inorleonr 38\ /17 .03 \ "nee NI se lon• ana Lao Du. any Cooionn I • Ino.e. • , ••11.••• aa'ilaci 311.413.e.ae .11 1 -SIT Sownele 54ere • 1.101.3•411•16. 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C.srpu$ T,rttiTX70l19 2 La Armada 1 1455 Southgate, Corpus Christi, TX 7841S 3 Leeward Houses 2100 Sa dlq, Corpus Ch rls ILI , 1X 71415 A La Anttida 111 1441 Tompkins, Corpus Christi, TX 71104 5 GeOrlai WIIIi .3 HMIS 2320 BOOM, COrpuS Chnitl, 12 70101 0 Pa akawa v 2604-A Hou a to.-,.. corvra Ch060, Ix 78115 7 Treinerasi Terra. 2022 Ire...way Lane, Corpus Christi,71 73412 3 Ncl .s.f no Plate 180 rd 110 Street, Corpus 0.0201.70 71403 9 (urban TOWP, , 01042 1455 [Urban Drive [...pus Cnrist., TX 73415 10 MC Xi un e Mena. 2342 lidk1s11e, CO,Put Chnsh, TX 72410 11 Alanil 3801 Violet Rd Corpus Christ., 75 70410 12 Sea Breeze Senior Lis,. ng 809 Derry DR we , Carpus Christi,. TX 78408 U Ha rupton Fun Apartments 1130 Won. d r1dge Rd. Corp us 01 n s II, IX 78414 a 13 Rudy Bentancourt, HCD Director Date E. Jay Ellington, Interim Asst. City Manager Date