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Agenda Packet City Council - 09/12/2017
Cit`, of Corpus Christi 1201 Leopard Street rtif 5N11%, City Corpus Christi,TX 78401 forward.cctexas.com i Meeting Agenda - Final City Council Tuesday,September 12, 2017 11:30 AM Council Chambers Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. 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-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office(at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe McComb 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 Steve Viera, Director of Human Resources. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 17-1166 Proclamation declaring September 2, 2017, "Foy H. Moody High School 50th Anniversary Day". Proclamation declaring September 8, 2017, "International Literacy Day" and September 2017, "International Literacy Month". Proclamation declaring September 11, 2017, "9/11 Day of Service and Remembrance". Proclamation declaring September 17, 2017, "Mission of Mercy 10-Year Anniversary -A Decade of Healing Through Love Day" City of Corpus Christi Page 1 Printed on 91812017 City Council Meeting Agenda-Final September 12, 2017 Proclamation declaring September 30, 2017, "Corpus Christi Out of the Darkness Walk". Swearing-In Ceremony for Newly Appointed Board, Commission and Committee Members. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER G. MINUTES: 2. 17-1171 Regular Meeting of August 29, 2017 and Workshop of August 10, 2017. Attachments: Minutes-August 29, 2017.pdf Minutes-August 10, 2017.pdf H. BOARD &COMMITTEE APPOINTMENTS: 3. 17-1168 Corpus Christi Downtown Management District Museum of Science and History Advisory Board Parks and Recreation Advisory Committee 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. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 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. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are 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. City of Corpus Christi Page 2 Printed on 91812017 City Council Meeting Agenda-Final September 12, 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 ATA 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. K. CONSENT AGENDA: (ITEMS 4 - 10) 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. 17-1019 Service Agreement for Health and Welfare Consulting Services Motion authorizing the City Manager or designee to execute service agreement with IPS Advisors, LLP of Dallas, Texas for health and welfare benefits consulting services in accordance with Request for Proposal (RFP) No. 973, based on best value for a total amount not to exceed $59,000 for the initial year, with a step price increase throughout the option years. The initial year's funding will be requested for FY 2017-18. The term of this agreement is for one year with option to extend for up to four additional one-year periods, subject to the sole discretion of the City. Attachments: Agenda Memo- Health and Welfare Benefits Consulting Evaluation Matrix-Health and Welfare Benefits Consulting Service Agreement-Health and Welfare Benefits Consulting.pdf Form 1295- Health and Welfare Benefits Consulting.pdf 5. 17-0974 Purchase and Installation of Playground Equipment for Captain Falcon Park (4712 Oso Parkway) and Crestmont Park (3521 Cresthill Drive) Motion approving the purchase and installation of playground equipment at City of Corpus Christi Page 3 Printed on 91812017 City Council Meeting Agenda-Final September 12, 2017 Captain Falcon Park from Park Place Recreation Designs, Inc., of San Antonio, Texas for$52,152.65, and the purchase and supervision of installation of playground equipment at Crestmont Park from Exerplay, Inc., of Cedar Crest New Mexico for$61,059.75, for a total not to exceed of $113,212.40 based on the cooperative purchasing agreement with the Local Government Purchasing Cooperative dba BuyBoard. Attachments: Agenda Memo- Playground Equip and Install at Falcon and Crestmont Parks Price Sheet- Playground Equip and Install at Falcon and Crestmont Parks Service Agreement-Playground Equip and Install at Capt. Falcon Park Form 1295- Park Place Recreation Designs, Inc..pdf Service Agreement-Playground Equipment and Install at Crestmont Park Form 1295- Exerplay. Inc. 6. 17-1009 Construction Contract for the Aquatic Facility Upgrades and Improvements -West Guth Pool Project Motion authorizing the City Manager, or designee, to execute a construction contract with Progressive Commercial Aquatics, Inc. of Houston, Texas in the amount of$1,512,189 for the Aquatic Facility Upgrades and Improvements - West Guth Pool project for the base bid plus additive alternates 1, 2 and 3. (Bond 2012 Proposition 4) Attachments: Agenda Memo-West Guth Pool Prosect Budget-West Guth Pool Location Map- E14007-West Guth Pool line map Letter of Recommendation West Guth Pool Renovations Form 1295- Progressive Commercial Aquatics Presentation-West Guth Pool 7. 17-0392 Professional Services Contract for the Bridge Rehabilitation Project (Capital Improvement Program) Motion authorizing the City Manager, or designee, to execute a professional services contract with LJA Engineering, Inc., of Corpus Christi, Texas in the amount of$114,950 for the Bridge Rehabilitation project. (Capital Improvement Program) (CIP) The term of this agreement is for one year with option to extend for two additional one-year periods subject to the sole discretion of the City based on sufficient funding and successful performance by the engineering firm. Attachments: Agenda Memo- Bridge Rehabilitation rev 8.23 Prosect Budget- Bridge Rehabilitation Location Map- Bridge Rehabilitation.pdf Presentation- Bridge Rehabilitation Contract-E12199- Bridge Rehabilitation City of Corpus Christi Page 4 Printed on 91812017 City Council Meeting Agenda-Final September 12, 2017 8. 17-0696 Supply Agreement for Concrete Motion authorizing City Manager, or designee, to execute a supply agreement with Custom-Crete, LLC, of Euless, Texas for the purchase of concrete in response to Request for Bid No. 958 based on the lowest responsive, responsible bid for a total amount not to exceed $105,700.00 with an estimated expenditure of$8,808.33 in FY2016-2017 and funded by the Storm Water Fund. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. Attachments: Agenda Memo-Concrete Supplier for Curb and Gutter Work Bid Tab-Concrete Supplier for Curb and Gutter Work Supply Agreement-Concrete Supplier for Curb and Gutter Work Form 1295-Concrete Supplier for Curb and Gutter Work.pdf 9. 17-1061 Supply Agreement for Cement Stabilizing Sand Motion authorizing City Manager, or designee, to execute a supply agreement with Aaron Concrete Contractors, of Aransas Pass, Texas for the supply of cement stabilizing sand in response to Request for Bid No. 1152 based on the lowest responsive, responsible bid for a total amount not to exceed $297,828.94, with an estimated expenditure of$24,819.08 in FY2016-2017. The term of the agreement is for one year with an option to extend for up to two additional one year periods, subject to the sole discretion of the City. Attachments: Agenda Memo-Supplier for Cement Stabilizing Sand DRAFT Bid Tab-Supplier for Cement Stabilizing Sand Supply Agreement-Supplier for Cement Stabilizing Sand. Form 1295-Supplier for Cement Stabilizing Sand.pdf 10. 17-1062 Supply Agreement for Sodium Hypochlorite for Water and Wastewater Plants Motion authorizing City Manager, or designee, to execute a supply agreement with Brenntag Southwest, Inc., of Longview, Texas for the purchase of Sodium Hypochlorite ("chemical') in response to Request for Bid No. 1149 based on the lowest responsive, responsible bid for a total amount not to exceed $1,498,465.05, with an estimated expenditure of $124,872.09 in FY2016-2017 and funded by the Utilities Fund. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. Attachments: Agenda Memo-Sodium Hypochlorite Bid Tabulation-Sodium Hypochlorite Supply Agreement-Sodium Hypochlorite City of Corpus Christi Page 5 Printed on 91812017 City Council Meeting Agenda-Final September 12, 2017 Form 1295-Sodium Hypochlorite.pdf L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (ITEMS 11 - 12) 11. 17-1092 Public Hearing and First Reading Ordinance -Rezoning property located at 325 North Staples Street Case No. 0717-04 J R Electric Company: A change of zoning from the "IL" Light Industrial District to "Cl" Intensive Commercial District. The property is described as Bluff, Block B, Lot 6, located at the intersection of North Staples Street and Comanche Street on the southwest corner, south of Lipan Street, and north of Caldwell Street. Planning Commission and Staff Recommendation (August 9, 2017): Approval of the change of zoning from the "IL" Light Industrial District to the "Cl" Intensive Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by J R Electric Company ("Owner"), by changing the UDC Zoning Map in reference to the property described as Bluff, Block B, Lot 6, from the "IL" Light Industrial District to "Cl" Intensive Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0717-04 J R Electric Company Ordinance 0717-04 J R Electric Company with Exhibit Presentation-JR Electric Zoninq Zoning Report 0717-04 J R Electric Company with Exhibit 12. 17-1128 Public Hearing and First Reading Ordinance -Adopting the 2017 National Electrical Code Ordinance amending Corpus Christi Code of Ordinance, Chapter 14, Sections 14-201 &14-241 to adopt the National Electrical Code, 2017 Edition, with local amendments, amending sections 14-1306,14-1316, 14-1311, & 14-1313 to remove electrician licensing, registration, and special fee and clarifying building permit fees; providing for penalties, severance, effective date and publication. Attachments: Agenda Memo Adopting 2017 NEC Ordinance 2017 Adoption NEC- FINAL N. REGULAR AGENDA: (ITEMS 13 - 16) City of Corpus Christi Page 6 Printed on 91812017 City Council Meeting Agenda-Final September 12, 2017 The following items are motions, resolutions and ordinances that will be considered and voted on individually. 13. 17-1058 Resolution Amending City Council Policies Resolution Amending City Council Policies Service on More Than One Board, Commission, Committee or Corporation. Attachments: Agenda Memo-Type B.pdf Resolution-Type B.pdf DRAFT Cert. of Formation-Type B.pdf DRAFT Bylaws-Type B.pdf 14. 17-1162 Ordinance Adopting the Fiscal Year 2018 Property Tax Rate Ordinance setting a property tax rate of$0.606264 per$100 valuation which is effectively a 3.11% increase over the effective tax rate; and declaring an emergency. Attachments: Agenda Memo-Adopting the 2018 Ad Valorem Tax Rate Ordinance-Adopting the 2018 Ad Valorem Tax Rate 15. 17-0972 Construction Contract for O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 FY 2018 (Capital Improvement Program) Motion authorizing the City Manager, or designee, to execute a construction contract with American Process Group, Inc., of Tacoma, Washington in the amount of$3,750,000 for the 0.N. Stevens Water Treatment Plant (ONSWTP) Intermediate Sludge Removal Phase 1 FY 2018 for Base Bid Part A plus Additive Alternate No. 1. (Capital Improvement Program) (CIP) Attachments: Agenda Memo-ONSWTP Sludge Removal Project Budget-ONSWTP Sludge Removal Location Map-ONSWTP Sludge Removal Presentation-ONSWTP Sludge Removal Form 1295-American Process Grp Letter of Recommendation-ONSWTP Sludge Removal 16. 17-1012 Second Reading Ordinance -Adjusting Water and Wastewater Utility Rates (1st Reading 8115117) Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water and wastewater rates; providing for publication and effective date of January 1, 2018. City of Corpus Christi Page 7 Printed on 91812017 City Council Meeting Agenda-Final September 12, 2017 Attachments: Agenda Memo- update for Utility Ratesv3 Revised Ordinance-2018 Utility Rates Draft 08.24.2017v3 Ordinance-2018 Utility Rates Draft 08.04.2017v2 16-Water Utility Rate ordinance 2nd 091217 O. RECESS TO CORPORATION MEETING: (ITEM 17) 17. 17-1028 Annual Board of Directors Meeting of the Corpus Christi Community Improvement Corporation (CCCIC) Attachments: Agenda Memo for CCCIC Board Meeting 08-2015 CCCIC Board Meeting Agenda CCCIC Minutes 16-09-13 CCCIC Treasurer's Report 07.31.17 CCCIC Combined Financials CAFR 2016 CCCIC ByLaws-7-30-2013 P. RECONVENE CITY COUNCIL MEETING: Q. FIRST READING ORDINANCES: (ITEMS 18 -19) 18. 17-1132 First Reading Ordinance -Approving the Fiscal Year 2017-2018 Capital Budget and Capital Improvement Planning Guide Ordinance approving the Fiscal Year 2017 - 2018 Capital Budget and Capital Improvement Planning Guide in the amount of$142,224,600. Attachments: Agenda Memo-Capital Budget Ordinance-Capital Budget Presentation-8-29-17 Capital Budget 2018 19. 17-1069 First Reading Ordinance -Accepting and appropriating funds for the 2018 Comprehensive Selective Traffic Enforcement Project (STEP)within the Police Department Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of$155,000.09 for the 2018 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for Driving While Intoxicated (DWI), speed enforcement, and distracted driving overtime, with a city match of $47,166.67, for a total project cost of$202,166.76 and appropriating $155,000.09 in the No. 1061 Police Grants Fund. Attachments: Agenda memo-STEP appropriation 08.29.2017 Ordinance-(STEP) grant 2017 Grant Agreement City of Corpus Christi Page 8 Printed on 91812017 City Council Meeting Agenda-Final September 12, 2017 R. FUTURE AGENDA ITEMS: (ITEMS 20 -26) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 20. 17-1087 Service Agreement for Tire Repair and Replacement Services for the Corpus Christi Fire Department Motion authorizing City Manager, or designee, to execute an agreement with Beasley Tire Services, Inc. of Houston, Texas for the repair and replacement services of tires for the Corpus Christi Fire Department in response to Request for Bid No. 978 based on the lowest responsive, responsible bid for a total amount not to exceed $116,510.00, and budgeted in FY2017-18. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. Attachments: Agenda Memo-Tire Repair and Replacement for CCFD Bid Tab-Tire Repair and Replacement for CCFD.xlsx Service Agreement-Tire Repair and Replacement for CCFD Form 1295 Tire Repair and Replacement for CCFD.pdf 21. 17-0952 Professional Services Contract for Tourist Area Amenities - Wayfinding Initiative Project Motion authorizing the City Manager or designee to execute a professional services contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of$251,860 for the Tourist Area Amenities- Wayfinding Initiative project. Attachments: Agenda Memo-Tourist Area Amenities Wayfinding Initiative Project Budget-Wayfinding Contract-Wayfinding Initiative Location Map-Tourist Area Amenities Wayfinding Inititative Presentation-Tourist Area Amenities Wayfinding 22. 17-0975 Resolution to Execute an Advance Funding Agreement (AFA)for the Sports, Entertainment, and Arts (SEA) District Pedestrian Improvements project (Bond 2012, Proposition 8) Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) for the Sports, Entertainment, and Arts (SEA) District Pedestrian Improvements project with City's required payment to TxDOT in the amount of$21,000 for reimbursement of direct state costs. (Bond 2012, Proposition 8) City of Corpus Christi Page 9 Printed on 91812017 City Council Meeting Agenda-Final September 12, 2017 Attachments: Agenda Memo-SEA District Pedestrian Improvements Location Map-SEA District Pedistrian Improvements Resolution-SEA District Pedestrian Improvements Advance Funding Agreement-SEA District Pedestrian Improvements Presentation-SEA District Pedestrian Improvements 23. 17-1083 Construction Contract for Citywide Collection System Pipe Bursting Indefinite Delivery/Indefinite Quantity(IDIQ) Part C (Capital Improvement Program) Motion authorizing the City Manager, or designee, to execute a multi-year ID/IQ construction contract with PM Construction & Rehab, LLC dba IPR South Central, LLC, of Pasadena, Texas in the amount of$2,000,000 for Citywide Collection System Pipe Bursting ID/IQ Part C. This is a one (1) year base contract with four (4) optional one (1) year renewals to be approved administratively subject to availability of funding and satisfactory contractor performance. (Capital Improvement Program) (CIP) Attachments: Agenda Memo- Pipe bursting Project Budget- Pipe bursting Location Map- Pipe bursting Presentation- Pipe bursting Form 1295- Pipe bursting Letter of Recommendation- Pipe bursting 24. 17-1063 Service Agreement for Preventative and Emergency Maintenance for Various Lift Stations for Wastewater Motion authorizing City Manager, or designee, to execute a service agreement with ADK Environmental, Inc., of Odem, Texas for preventative and emergency maintenance for various lift stations for Wastewater Division in response to Request for Bid No. 1247 based on the lowest responsive, responsible bid for a total amount not to exceed $158,362.50, and budgeted in FY2017-18. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. Attachments: Agenda Memo- Preventative Emergency Maintenance for Various Lift Stations Bid Tab- Preventative &Emergency Maintenance for Various Lift Stations Service Agreement-Preventative&Emergency Maintenance for Various Lift St Form 1295- Preventative& Emergency Maintenance for Various Lift Stations.pc 25. 17-1158 Annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey(USGS) Motion authorizing the City Manager or designee to renew an annual Joint City of Corpus Christi Page 10 Printed on 91812017 City Council Meeting Agenda-Final September 12, 2017 Funding Agreement for Water Resources Investigation with the United States Geological Survey (USGS), U.S. Department of the Interior, for automated river gauging stations to gather and maintain accurate records of stream flows for rivers associated with the City's reservoirs, with the City's cost to be $157,060. This Contract runs from October 1, 2017 to September 30, 2018. Attachments: Agenda Memo- USGS Agreement 2017 Agreement- USGS Agreement 26. 17-1163 Approving funds subject to reimbursement for services provided by Texas A&M Health Science Center(Coastal Bend Health Education Center) [CBHEC] utilizing Diabetes Care Team for the Corpus Christi-Nueces County Public Health District (CCNCPHD) Motion approving up to but not to exceed $250,000.00 to pay for services provided by Texas A&M Health Science Center(Coastal Bend Health Education Center) [CBHEC] utilizing Diabetes Care Team for the Corpus Christi-Nueces County Public Health District (CCNCPHD) for the City contract period that ended May 2, 2017 and invoices between the City contract and the County contract that begins in August 1, 2017. Nueces County to reimburse full amount of paid funds per interlocal agreement. Attachments: Agenda Memo- Payment of Outstanding CBEHC Invoicesa-9-1-17 S. FUTURE CORPORATION MEETING: (ITEM 27) 27. 17-1029 Annual Board Meeting of the Corpus Christi Housing Finance Corporation Attachments: Agenda Memo for CCHFC Board Meetinq CCHFC Board Agenda CCHFC Minutes 16-06 CCHFC Financials as of June 30 2017 CCHFC CAFR 9.30.16 Bylaws-Amended-14-0218 T. BRIEFINGS: (ITEM 28) 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. 28. 17-1126 Discussion regarding Appointments to the Charter Review Ad Hoc Committee Attachments: Charter Committee Appt. Process-9-12-17 Minutes-3-28-2017 City of Corpus Christi Page 11 Printed on 91812017 City Council Meeting Agenda-Final September 12, 2017 U. EXECUTIVE SESSION: (ITEMS 29 -31) 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. 29. 17-1124 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 water supplies for industrial and other development, existing or potential agreements with water districts and other governmental entities involving the sale or purchase of water, wastewater, water rights or other utility services, potential economic development agreement(s) with business prospects that are considering the construction, expansion, and/or ownership of industrial facilities that will be consumers of water and/or wastewater services, potential creation of entities that could provide or assist in the provision of the aforementioned services, desalination, water reuse, and state regulations related to the aforementioned topics, 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), including, but not limited to, the provision of water to said business prospect(s) and the management, sale, or acquisition of rights to water for said business prospect(s). 30. 17-1079 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning claims and potential litigation related to the contract for the construction of the Mary Rhodes Pipeline Phase 2 - Pump Station/Sedimentation Basin and potential authorization of professional services agreement(s) with expert(s) for analysis of aforementioned claims. 31. 17-1123 Executive session pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. V. IDENTIFY COUNCIL FUTURE AGENDA ITEMS City of Corpus Christi Page 12 Printed on 91812017 City Council Meeting Agenda-Final September 12, 2017 Per Council Policies, an item may be added to the agenda by four members of the City Council. Council may give direction to the City Manager to add an item to a future agenda, but no other action will be taken, and no public comment solicited. W. ADJOURNMENT City of Corpus Christi Page 13 Printed on 91812017 Cit`, of Corpus Christi 1201 Leopard Street City Corpus Christi,TX 78401 forward.cctexas.com Meeting Minutes Cr City Council Tuesday,August 29, 2017 11:30 AM Council Chambers Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. 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 Joe McComb to call the meeting to order. Mayor Pro Tem Michael Hunter called the meeting to order at 11:33 a.m. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. Ctiy Secretary Rebecca L. Huerta called the roll and announced that a quorum of the City Council was not present to conduct the meeting.The required Charter Officers were present. Present: 2-Council Member Michael Hunter and Council Member Greg Smith Absent:6 -Mayor Joe McComb, Council Member Rudy Garza, Council Member Paulette Guajardo, Council Member Debbie Lindsey-Opel, Council Member Ben Molina, Council Member Lucy Rubio,and Council Member Carolyn Vaughn Charter Officers: City Manager Margie C. Rose, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Mayor Pro Tem Hunter announced that President Donald Trump would be visiting the City of Corpus Christi today. Mayor Joe McComb will be participating in this visit. Mayor Pro Tem Hunter recessed the City Council meeting until 3:00 p.m.to accommodate President Trump's visit and to obtain a City of Corpus Christi Page 1 Printed on 9/712017 City Council Meeting Minutes August 29, 2017 quorum of the City Council. Mayor Pro Tem Hunter announced that the City Council agenda for today's meeting has been abbreviated due to Hurricane Harvey.The following items of business will be conducted: City Manager's Comments; Minutes; Public Comment; Consent Agenda Items 3-18; Public Hearing Item 19, Public Hearing on FY2018 Ad Valorum Tax Rate and Item 20, Public Hearing on FY2018 Operating Budget; and Regular Agenda Items 23 through 25.All other items will be rescheduled to September 12,2017. Mayor Pro Tem Hunter recessed the meeting at 11:37 a.m. until 3:00 p.m. A. Mayor Joe McComb to call the meeting to order. The Council returned from recess. Mayor McComb called the meeting to order at 3:04 p.m. B. Invocation to be given by Mrs. Dorothy Dundas, Texas Apostolic Prayer Network. City Secretary Rebecca L. Huerta gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Valerie Gray, Executive Director of Public Works. Executive Director of Public Works Valerie Gray led the Pledge of Allegiance. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Margie C. Rose, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Present: 8- Mayor Joe McComb,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Michael Hunter,Council Member Debbie Lindsey-Opel,Council Member Ben Molina,Council Member Greg Smith, and Council Member Carolyn Vaughn Absent: 1 - Council Member Lucy Rubio E. Proclamations /Commendations 1. Proclamation declaring September 2, 2017, "Foy H. Moody High School 50th Anniversary Day". Proclamation declaring September 9, 2017, "2017 Walk to End Alzheimer's Day". Commendation recognizing Foy H. Moody High School Baseball Team as Class of 2017 5A State Semifinalists. City of Corpus Christi Page 2 Printed on 9/712017 City Council Meeting Minutes August 29, 2017 Swearing-In Ceremony for Newly Appointed Board, Commission and Committee Members. The Proclamations, Commendation and Swearing-In Ceremony were postponed. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb referred to City Manager's Comments. City Manager Margie C. Rose reported on the following information related to Hurricane Harvey efforts: a. OTHER 1)A team of city employees has been dispatched to San Antonio today to begin the process of returning residents that evacuated to San Antonio prior to the storm.Approximately 850 citizens were transferred to shelters in advance of Hurricane Harvey. In order for the residents to return,the team must determine if the residents have the necessary resources, including power, before they can be transported back to the City of Corpus Christi.2) Residents who sustained wind storm damage can begin to file claims with the Texas Windstorm Insurance Association by calling 1-800-788-8247 or online at twia.org/claimscenter. Information is available on the City's website at www.cctexas.com under the Hurricane Harvey storm link. 3)On Monday, August 28,2017,a total of 14 assessment teams, made up of city employees, began investigating City-wide property damage and damaged City properties. The teams are using mobile technology and GIS mapping to conduct assessments quicker than ever before.This application technology coordinates with unique address codes and assists with comprehensive reporting.This damage assessment is critical in order to seek FEMA reimbursement in the future. Mayor McComb spoke regarding President Trump's visit to Corpus Christi and federal and state efforts to provide resources to the area. Mayor McComb commended the Police Department, Fire Department, Emergency Management and various city employees on their preparation and response efforts and spoke regarding the devastation to the cities of Rockport and Port Aransas. G. MINUTES: 2. Regular Meeting of August 22, 2017. Mayor McComb referred to approval of the minutes. Council Member Garza made a motion to approve the minutes,seconded by Council Member Lindsey-Opel and passed unanimously. H. BOARD & COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: City of Corpus Christi Page 3 Printed on 9/712017 City Council Meeting Minutes August 29, 2017 J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 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. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are 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 McComb referred to comments from the public. Joan Veith,5701 Cain Drive,complimented the City's first responders,city staff,and City Council for the amazing efforts during Hurricane Harvey. Bill Koontz, Public Information Officer for the U.S.Small Business Administration (SBA),announced that the SBA will be working in Corpus Christi and surrounding areas to assist with federal disaster loans for businesses, private nonprofits, homeowners and renters.Sean Strawbridge, Deputy Executive Director of the Port of Corpus Christi Authority(Port), provided an update on the Port's recovery efforts, post-Hurricane Harvey,to ensure the safety of the Corpus Christi Ship Channel and resume operations. K. CONSENT AGENDA: (ITEMS 3 - 18) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda.There were no comments from the public.A council member requested that Item 6 be pulled for individual consideration. Council Member Garza made a motion to approve the consent agenda, seconded by Council Member Lindsey-Opel. The consent agenda items were passed and approved by one vote as follows: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Smith and Council Member Vaughn Absent: 1 - Council Member Rubio Abstained: 0 3. Resolution Authorizing Submission of a Grant Application for the Edward Byrne Memorial Justice, Bureau of Justice Assistance Grant(JAG) FY 2017 Local Solicitation within the Police Department Resolution authorizing the City Manager, or designee, to submit a grant City of Corpus Christi Page 4 Printed on 9/712017 City Council Meeting Minutes August 29, 2017 application in the amount of$157,240 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2017 Local Solicitation with 50% of the funds to be distributed to Nueces County under an Interlocal Agreement; and authorizing the City Manager or designee to execute an Interlocal Agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the Edward Byrne Memorial Justice Grant (JAG) Program FY 2017-18 Local Solicitation. This Resolution was passed on the consent agenda. Enactment No: 031230 4. Vital Records Agreement that allows the Health District to Access the Texas Electronic Registration Remote System Motion authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a contract with the Department of State Health Services (DSHS) for the amended contract period 9/1/2015 through 8/31/2018 to provide the Corpus Christi-Nueces County Public Health District (CCNCPHD) access to the Texas Electronic Registration Remote System (TER Remote System) for the purpose of issuing individual birth certificates, and pay DSHS a fee of $1.83 for each Certification of Vital Record printed as a result of searches of the database. This Motion was passed on the consent agenda. Enactment No: M2017-127 5. Supply Agreement for the Purchase of Traffic Control Thermoplastics Material Motion authorizing City Manager, or designee, to execute a supply agreement with Flint Trading, Inc., of Charlotte, North Carolina, for the purchase of traffic control thermoplastics material, based on a cooperative purchasing agreement with The State of Texas SmartBuy (TX SmartBuy) for a total amount not to exceed $80,689.20. The term of the agreement is for one-year, with the option to extend up to two one-year periods, subject to the sole discretion of the City. This Motion was passed on the consent agenda. Enactment No: M2017-128 7. Service Agreement for Unleaded Gasoline and Ultra-Low Sulfur Diesel (TXLED) Fuel Delivery Service City of Corpus Christi Page 5 Printed on 9/712017 City Council Meeting Minutes August 29, 2017 Motion authorizing City Manager, or designee, to execute a service agreement with Petroleum Traders Corporation, of Fort Wayne, Indiana for unleaded gasoline and ultra-low sulfur diesel (TX LED) fuel delivery services, in accordance with Request for Bid No. 1178, based on the lowest responsive, responsible bid for a total amount not to exceed $2,559,424.88 with an estimated expenditure of$427,000.00 in FY 2016-2017. The term of this contract will be for one year with options to extend for two additional one-year periods at the sole discretion of the City. This Motion was passed on the consent agenda. Enactment No: M2017-129 8. Supply Agreement for Standard Gasoline and Ultra-Low sulfur Diesel with Fuel Cards Motion authorizing City Manager, or designee, to execute an agreement with Valero Marketing and Supply Company, of San Antonio, Texas for the purchase of standard gasoline & ultra-low sulfur diesel with fuel cards in response to Request for Bid No. 701 based on the lowest responsive, responsible bid for a total amount not to exceed $2,999,174.78, with an estimated expenditure of$249,931.23 funded by various funds in FY 2016-2017. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. This Motion was passed on the consent agenda. Enactment No: M2017-130 9. Service Agreement for the Purchase and Installation of Six Air Condition Units at Oso Wastewater Treatment Plant Motion approving a Service Agreement for the purchase and installation of six air condition units at Oso Wastewater Treatment Plant not to exceed $67,136.00 from Pro Tech Mechanical, Inc. of Corpus Christi, Texas through the Local Government Purchasing Cooperative dba Buyboard, for use by the Facilities and Property Management Department for Oso Wastewater Treatment Plant. Funds budgeted in FY 2016-17. This Motion was passed on the consent agenda. Enactment No: M2017-131 10. Second Reading Ordinance -Accepting and Appropriating the FY 2018 Texas Automobile Burglary Theft Prevention Authority (ABTPA) Grant(1st Reading 8122117) City of Corpus Christi Page 6 Printed on 9/712017 City Council Meeting Minutes August 29, 2017 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Automobile Burglary Theft Prevention Authority (ABTPA) grant in the amount of $410,973 to continue the motor vehicle theft enforcement grant within the Police Department for Year 17, with a City match of$675,542, in-kind match of$48,889 in the No. 1020 Police General Fund, and program income match of$9,517 for a total project cost of$1,144,924; designating the Chief of Police as Program Director and Director of Finance as financial officer for this ABTPA grant; appropriating $410,973 from the ABTPA in the No. 1061 Police Grants Fund; and appropriating $9,517 in program income match in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant within the Police Department. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031231 11. Second Reading Ordinance -Accepting and Appropriating the FY2017 Local Border Security Program (LBSP) Grant for the Police Department (1st Reading 8/22/17) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of$28,000 from the Texas Department of Public Safety, Texas Homeland Security State Administrative Agency for funding eligible under the FY2017 Local Border Security Program (LBSP) grant to reimburse overtime and fringe benefits; and appropriating the $28,000 in the No. 1061 Police Grants Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031232 12. Second Reading Ordinance - Accepting and Appropriating grant funds for the Tuberculosis Prevention and Control-State (TBPC-STATE) Grant (1st Reading 8/22/17) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Tuberculosis Prevention and Control-State (TB/PC-STATE) grant in the amount of$61,645.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund with a City match of$12,329.00, from 1020 General Fund to provide tuberculosis prevention and control services for the contract period September 1, 2017, through August 31, 2018 for a total project cost of $73,974.00. City of Corpus Christi Page 7 Printed on 9/712017 City Council Meeting Minutes August 29, 2017 This Ordinance was passed on second reading on the consent agenda. Enactment No: 031233 13. Second Reading Ordinance -Accepting and Appropriating grant funds for the Laboratory Response Network Influenza Surveillance and Epidemiology Activities (LRN/FLU-LAB) grant (1st Reading 8/22/17) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Laboratory Response Network Influenza Surveillance and Epidemiology Activities (LRN/FLU-LAB) grant in the amount of $10,000.00 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide flu testing for the contract period September 1, 2017, through August 31, 2019. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031234 14. Second Reading Ordinance -Accepting and Appropriating grant funds for the Regional Local Services System/Local Public Health System (RLSS/LPHS) grant (1st Reading 8/22/17) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Regional Local Services System/Local Public Health System (RLSS/LPHS) grant in the amount of$328,736.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide essential public health services for the contract period September 1, 2017, through August 31, 2019; and appropriating related program income in the estimated amount of$260,000.00 in the Health Grants Fund No. 1066. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031235 15. Second Reading Ordinance -Closing of a utility easement located at 7313 South Staples Street (1st Reading 8/22/17) Ordinance abandoning and vacating 0.137 acres of an existing utility easement out of a part of Roger's Subdivision, Block 1, Lot 1 B, located at 7313 South Staples Street and requiring the owner, DOXA City of Corpus Christi Page 8 Printed on 9/712017 City Council Meeting Minutes August 29, 2017 Enterprises, L.P., to comply with the specified conditions. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031236 16. Second Reading Ordinance -Appropriating funds for the purchase of one waste handler wheel loader and one backhoe loader for use in Solid Waste Operations (1st Reading 8122117) Ordinance appropriating $326,528.17 from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of one waste handler wheel loader and one backhoe loader; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $326,528.17; authorizing the City Manager or designee to execute all necessary documents to purchase a total of one ZBAR waste handler wheel loader for$250,528.17 from Nueces Power Equipment, of Corpus Christi, Texas, and one backhoe loader for $76,000.00 from Doggett Heavy Machinery Services, LLC., Corpus Christi, Texas, based on the cooperative purchasing agreements with Houston-Galveston Area Council and Local Government Purchasing Cooperative dba BuyBoard respectively, for a total amount not to exceed $326,528.17, for use by Solid Waste Operations. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031237 17. Second Reading Ordinance -Appropriating Funds for the Purchase of two Ford F-550 Trucks with Service Bodies for Solid Waste Operations (1st Reading 8122117) Ordinance appropriating $210,058.00 from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of two 2017 Ford F-550 trucks with service bodies; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $210,058.00; authorizing the City Manager or designee to execute all necessary documents to purchase a total of two 2017 Ford F-550 trucks with service bodies for$210,058.00 from Grande Truck Center, of San Antonio, Texas, through the Local Government Purchasing Cooperative dba Buyboard, for use by Solid Waste Operations. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031238 18. Second Reading Ordinance - Donating Surplus Property to Habitat City of Corpus Christi Page 9 Printed on 9/712017 City Council Meeting Minutes August 29, 2017 for Humanity(1st Reading 8122117) Ordinance authorizing the conveyance of a tract of land located within the city at 1901 Brennan Street to Habitat for Humanity to be re-platted and rezoned by Habitat for Humanity for construction of a single-family affordable house at 1902 Lipan Street, subject to specified conditions; authorizing the City Manager or designee to execute all necessary documents related to the transaction; and providing for severance. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031239 6. Construction Contract for O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 FY 2018 (Capital Improvement Program) Motion authorizing the City Manager, or designee, to execute a construction contract with American Process Group, Inc., of Tacoma, Washington in the amount of$3,750,000 for the O.N. Stevens Water Treatment Plant (ONSWTP) Intermediate Sludge Removal Phase 1 FY 2018 for Base Bid Part A plus Additive Alternate No. 1. (Capital Improvement Program) (CIP) Mayor McComb referred to Item 6. Council Member Lindsey-Opel made a motion to table the item to the meeting of September 12,2017,seconded by Council Member Guajardo. This Motion was tabled with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Smith and Council Member Vaughn Absent: 1 - Council Member Rubio Abstained: 0 L. RECESS FOR LUNCH A recess for lunch was not taken. M. PUBLIC HEARINGS: (ITEMS 19 -22) 19. Public Hearing on Fiscal Year 2018 Ad Valorem Tax Rate Mayor McComb referred to Item 19. Director of Financial Services Constance Sanchez stated that the purpose of this item is to hold the second public hearing regarding the proposed FY2018 ad valorem tax rate of$0.606264 per $100 valuation. Council members and staff discussed the following topics: the timeframe for City of Corpus Christi Page 10 Printed on 9/712017 City Council Meeting Minutes August 29, 2017 adopting the tax rate;an explanation of the Truth-in-Taxation calendar for adopting the tax rate; how increasing the tax rate would require re-advertisement in the newspaper, two additional public hearings, and setting another date to vote on the tax rate; the request from the Nueces County Tax Appraisal Office that all entities provide their tax rates the week of September 11,2017 and, if the tax rate is not provided by the deadline,the City's portion of the tax rate that would not be included in the consolidate tax bill and that the City would be required to bear the cost of its portion of the tax mail-out to citizens; the tax rate reverting back to the lower of the existing tax rate or the effective tax rate if the tax rate is not adopted by September 30,2017;a discussion regarding the voter-approved charter amendment to establish a dedicated fund to address residential street reconstruction funded by a tax increase, not to exceed two cents per one hundred dollars assessed value per year; information on the amount of the contract with the Nueces County Tax Appraiser's Office for providing services; the increase in ad valorem taxes related to new development;the amount of revenue generated by increasing the tax rate by one cent; increasing the tax rate two cents would subject the tax rate to a referendum;concern with property owners carrying the burden of residential street improvements;and identifying funding for residential streets from the General Fund. Mayor McComb opened the public hearing.There were no comments from the public. Mayor McComb closed the public hearing. Mayor McComb read the following statement"During the September 12, 2017 City Council meeting at 11:30 a.m.at City Hall,the City Council will vote on the proposed property tax rate." MOTION OF DIRECTION Council Member Garza made a motion directing the City Manager to prepare all documents necessary to provide for an increase of 1 cent for a total tax rate of$0.616264 per$100 valuation dedicated to residential streets,seconded by Council Member Molina.The Motion of Direction failed with the following vote: Council Members Smith, Garza, and Molina,voting "Aye"; Mayor McComb, Council Members Vaughn, Guajardo, Hunter, and Lindsey-Opel voting "No"; Council Member Rubio-absent. 20. Public Hearing on Fiscal Year 2017-2018 Operating Budget Public hearing for the City of Corpus Christi Fiscal Year 2017-2018 Operating Budget for August 29, 2017 during the regular City Council meeting beginning at 11:30 am at City Hall, 1201 Leopard Street, Corpus Christi, Texas. This budget will raise more total property taxes than last year's budget by $4,034,005 (General Fund $2,506,865 Debt Service Fund $1,527,140), or 3.7%, and of that amount an estimated $2,668,101 is tax revenue to be raised from new property added to the tax roll this year. Mayor McComb referred to Item 20. Director of Management and Budget Eddie Houlihan stated that the purpose of this item is to hold a public hearing on the proposed FY2017-2018 Operating Budget. Mr. Houlihan presented the following information: mission and mission elements;the full-time equivalent count; revenue and total expenditures; proposed budget highlights;a history of City of Corpus Christi Page 11 Printed on 9/712017 City Council Meeting Minutes August 29, 2017 property tax rates;the projected fund balance of the General Fund, Internal Service Funds, Enterprise Funds,and Special Revenue Funds; a summary of the proposed amendments;and key dates. Council members and staff discussed the following topics: addressing health insurance;an explanation of the conversion of seven temporary positions to five full-time equivalents for Water Quality Technicians;the need to have stability and reliability with Water Quality Technnician positions;consideration to increase the salary of temporary positions to encourage stability; employment practices;the number of Water Department employees,the number of employees reading water samples,and the difficulty associated with collecting and reading water samples;the calculations for determining the percentage of salaries and benefits for employees;the residential street program in the Special Revenue Fund;and an explanation of the financial policies transfer from the General Fund to the Residential Street Fund. Mayor McComb opened the public hearing.There were no comments from the Council or the public. Mayor McComb closed the public hearing. 21. Public Hearing and First Reading Ordinance - Rezoning property located at 6802 Weber Road Case No. 0617-03 CC Ventures Equities IV, LP: A change of zoning from the "CN-1" Neighborhood Commercial District to "CG-2" General Commercial District. The property is described as being 0.839 acres out of the west 170 feet of Foxwood Estates Phase I 11, Block 11, Lot 2, located along the east side of Weber Road, north of Bratton Road, and south of Saratoga Boulevard. Planning Commission and Staff Recommendation (July 26, 2017): 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 CC Ventures Equities IV, LP ("Owner"), by changing the UDC Zoning Map in reference to the west 170 feet of Foxwood Estates Phase III, Block 11, Lot 2, from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This item was postponed. 22. Public Hearing and First Reading Ordinance - Rezoning property located at 1840 Saratoga Boulevard Case No. 0717-02 Bradley W. Shirley and Valerie V. Shirley: A change of zoning from the "RS-6" Single-Family 6 District to the "IL" Light City of Corpus Christi Page 12 Printed on 9/712017 City Council Meeting Minutes August 29, 2017 Industrial District. The property is described as being Bohemian Colony Lands 6.379 acres out of Section 7, Lot 5, located north of Saratoga Boulevard and east of Greenwood Drive. Planning Commission and Staff Recommendation (July 26, 2017): Approval of the change of zoning from the "RS-6" Single-Family District to the "IL" Light Industrial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Bradley W. Shirley and Valerie V. Shirley Cox ("Owner"), by changing the UDC Zoning Map in reference to Bohemian Colony Lands 6.379 acres out of Sec. 7, Lot 5, from the "RS-6" Single-Family 6 District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This item was postponed. N. REGULAR AGENDA: (ITEMS 23 -26) 23. Resolution amending the City's Financial Budgetary Policies Resolution amending Financial Budgetary Policies adopted by Resolution 031189 and providing financial policy direction on preparation of the annual budgets. Mayor McComb referred to Item 23. Director of Management and Budget Eddie Houlihan stated that the purpose of this item is to amend the Financial Budgetary Policies.The policies have been amended to include the direction by City Council to amend Section 4.1 Internal Service Funds by adding the language"a maximum of an additional two percent,for a total of five percent".There were no comments from the public. Council members and staff discussed the following topics: Section 8 regarding funding level from General Fund for Residential/Local Street Capital Improvement Projects;the impact of Hurricane Harvey on the budget;drawing down of reserves and continuing to lose a margin of recoverability; clarification on the amendment language and how it relates to reserves; zero-based budgeting and rebating the funds to fund balance;the need for Internal Service Funds to have an unreserved fund balance;and the use of General Fund reserves during a disaster. Council Member Hunter made a motion to approve the resolution,seconded by Council Member Lindsey-Opel. This Resolution was passed and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Smith and Council Member Vaughn City of Corpus Christi Page 13 Printed on 9/712017 City Council Meeting Minutes August 29, 2017 Absent: 1 - Council Member Rubio Abstained: 0 Enactment No: 031240 24. Second Reading Ordinance -Authorizing the Issuance of Utility System Revenue Improvement Bonds for State Water Implementation Revenue Fund for Texas (SWIRFT)funding through the Texas Water Development Board (TWDB)for Seawater Desalination (1st Reading 8122117) Ordinance authorizing the issuance of"City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds, Series 2017" in an amount not to exceed $2,750,000; making provisions for the payment and security thereof by a junior and inferior lien on and pledge of the net revenues of the City's Utility System on a parity with certain currently outstanding utility system revenue obligations; stipulating the terms and conditions for the issuance of additional Revenue Bonds on a parity therewith; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bonds; including the approval of an application to the Texas Water Development Board; authorizing the execution of a paying agent/registrar agreement, a financing agreement, and an escrow agreement; complying with the requirements imposed by the letter of representations previously executed with the depository trust company; complying with the regulations promulgated by the Texas Water Development Board; delegating the authority to certain members of the City staff to execute certain documents relating to the sale of the bonds; enacting other provisions incident and related to the subject and purpose of this ordinance; and providing an effective date. Mayor McComb referred to Item 24, authorizing the issuance of Utility System Revenue Improvement Bonds for SWIRFT Funding through the Texas Water Development Board.Assistant City Manager Mark Van Vleck and council members discussed the following topics: how the funding will be used; the scope of the contract and goals;the original contract with Freese and Nichols; the funding mechanism for repayment of the bonds; providing the City Council with a 90-to 120-day planning calendar of items on the horizon for consideration;whether the study will provide information on the ultimate capacity of the seawater desalination plants; the timeframe that the City Council has been considering the SWIRFT funds; the City investigating desalination as a water source; the effect on ratepayers;clarification on the amount of the issuance;an option to use the raw water supply development fund to pay the debt and the current balance of the fund;the reason for borrowing money for the seawater desalination project when there are funds available in the raw water supply development fund;the intent to have industrial users pay for the debt;the payment structure of the loan; and the interest rate. There were no comments from the public. City of Corpus Christi Page 14 Printed on 9/712017 City Council Meeting Minutes August 29, 2017 Council Member Garza made a motion to approve the ordinance,seconded by Council Member Hunter. This Ordinance was passed on second reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Smith and Council Member Vaughn Absent: 1 - Council Member Rubio Abstained: 0 Enactment No: 031241 25. Appointing Financial Advisor for the Issuance of the City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds, Series 2017" Motion authorizing the appointment of and approving the contract for M. E. Allison, & Co., as Financial Advisor for the issuance of the "City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds, Series 2017", in an amount not to exceed $2,750,000. Mayor McComb referred to Item 25. Director of Financial Services Constance Sanchez stated that this item is related the the action taken on Item 24.The purpose of this item is to appoint M.E.Allison,&Co.,as Financial Advisor for the transaction with the Texas Water Development Board regarding the SWIRFT funding. Ms.Sanchez stated that the Texas Water Development Board requires that the City use a financial advisor to run all the finanical data that is necessary to document the deal and that no other party has the resources to do so. In addition,the Municipal Advisory Rules adopted by the Securities and Exchange Commission prohibit bond underwriters from interfacing directly with municipalities.The Financial Advisor will be the third-party in between the person selling the bonds and the issuer. There were no comments from the public. Council members and staff discussed the following topics: the responsibilities of the financial advisor; how the fees the City pays to the financial advisor compare with other municipalities;the City's bond counsel, Norton Rose Fulbright US LLP;whether bond counsel is representing Flint Hills in their appraisal appeal; potential conflicts with bond counsel and the impact the Flint Hills appeal has on the City;desire to utilize different bond counsel on future financial transactions; the terms of the contract;the cost to terminate the contract; and a future item in executive session to discuss the implications of terminating the contract with bond counsel. Council Member Garza made a motion to approve the motion,seconded by Council Member Lindsey-Opel. This Motion was passed and approved with the following vote: Aye: 5- Council Member Garza, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina and Council Member Smith Nay: 3- Mayor McComb, Council Member Guajardo and Council Member Vaughn City of Corpus Christi Page 15 Printed on 9/712017 City Council Meeting Minutes August 29, 2017 Absent: 1 - Council Member Rubio Abstained: 0 Enactment No: M2017-132 26. Resolution Amending City Council Policies Resolution Amending City Council Policies Service on More Than One Board, Commission, Committee or Corporation. This item was postponed. Q. FIRST READING ORDINANCES: (ITEMS 27 -29) 27. First Reading for Fiscal Year 2017-2018 Capital Budget and Capital Improvement Planning Guide Ordinance approving the Fiscal Year 2017 - 2018 Capital Budget and Capital Improvement Planning Guide in the amount of$174,057,200. This item was postponed. 28. First Reading Ordinance -Approving the Fiscal Year 2017-2018 Capital Budget and Capital Improvement Planning Guide Ordinance approving the Fiscal Year 2017 - 2018 Capital Budget and Capital Improvement Planning Guide in the amount of$142,224,600. This item was postponed. 29. First Reading Ordinance -Accepting and appropriating funds for the 2018 Comprehensive Selective Traffic Enforcement Project (STEP)within the Police Department Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of$155,000.09 for the 2018 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for Driving While Intoxicated (DWI), speed enforcement, and distracted driving overtime, with a city match of $47,166.67, for a total project cost of$202,166.76 and appropriating $155,000.09 in the No. 1061 Police Grants Fund. This item was postponed. R. FUTURE AGENDA ITEMS: (ITEMS 30 -36) City of Corpus Christi Page 16 Printed on 9/712017 City Council Meeting Minutes August 29, 2017 30. Service Agreement for Health and Welfare Consulting Services Motion authorizing the City Manager or designee to execute service agreement with IPS Advisors, LLP of Dallas, Texas for health and welfare benefits consulting services in accordance with Request for Proposal (RFP) No. 973, based on best value for a total amount not to exceed $59,000 for the initial year, with a step price increase throughout the option years. The initial year's funding will be requested for FY 2017-18. The term of this agreement is for one year with option to extend for up to four additional one-year periods, subject to the sole discretion of the City. This item was postponed. 31. Purchase and Installation of Playground Equipment for Captain Falcon Park (4712 Oso Parkway)and Crestmont Park (3521 Cresthill Drive) Motion approving the purchase and installation of playground equipment at Captain Falcon Park from Park Place Recreation Designs, Inc., of San Antonio, Texas for$52,152.65, and the purchase and supervision of installation of playground equipment at Crestmont Park from Exerplay, Inc., of Cedar Crest New Mexico for$61,059.75, for a total not to exceed of$113,212.40 based on the cooperative purchasing agreement with the Local Government Purchasing Cooperative dba BuyBoard. This item was postponed. 32. Construction Contract for the Aquatic Facility Upgrades and Improvements -West Guth Pool Project Motion authorizing the City Manager, or designee, to execute a construction contract with Progressive Commercial Aquatics, Inc. of Houston, Texas in the amount of$1,512,189 for the Aquatic Facility Upgrades and Improvements- West Guth Pool project for the base bid plus additive alternates 1, 2 and 3. (Bond 2012 Proposition 4) This item was postponed. 33. Professional Services Contract for the Bridge Rehabilitation Project (Capital Improvement Program) Motion authorizing the City Manager, or designee, to execute a professional services contract with LJA Engineering, Inc., of Corpus Christi, Texas in the amount of$114,950 for the Bridge Rehabilitation project. (Capital Improvement Program) (CIP) The term of this agreement is for one year with option to extend for two additional one-year periods subject to the sole discretion of the City based on City of Corpus Christi Page 17 Printed on 9/712017 City Council Meeting Minutes August 29, 2017 sufficient funding and successful performance by the engineering firm. This item was postponed. 34. Supply Agreement for Concrete Motion authorizing City Manager, or designee, to execute a supply agreement with Custom-Crete, LLC, of Euless, Texas for the purchase of concrete in response to Request for Bid No. 958 based on the lowest responsive, responsible bid for a total amount not to exceed $105,700.00 with an estimated expenditure of$8,808.33 in FY2016-2017 and funded by the Storm Water Fund. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. This item was postponed. 35. Supply Agreement for Cement Stablizing Sand Motion authorizing City Manager, or designee, to execute a supply agreement with Aaron Concrete Contractors, of Aransas Pass, Texas for the supply of cement stabilizing sand in response to Request for Bid No. 1152 based on the lowest responsive, responsible bid for a total amount not to exceed $297,828.94, with an estimated expenditure of$24,819.08 in FY2016-2017. The term of the agreement is for one year with an option to extend for up to two additional one year periods, subject to the sole discretion of the City. This item was postponed. 36. Supply Agreement for Sodium Hypochlorite for Water and Wastewater Plants Motion authorizing City Manager, or designee, to execute a supply agreement with Brenntag Southwest, Inc., of Longview, Texas for the purchase of Sodium Hypochlorite ("chemical') in response to Request for Bid No. 1149 based on the lowest responsive, responsible bid for a total amount not to exceed $1,498,465.05, with an estimated expenditure of $124,872.09 in FY2016-2017 and funded by the Utilities Fund. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. This item was postponed. T. BRIEFINGS: (ITEMS 37 -40) 37. Texas State Aquarium by Tom Schmid, President and CEO This item was postponed. City of Corpus Christi Page 18 Printed on 9/712017 City Council Meeting Minutes August 29, 2017 38. Control Network Architcture Upgrade O.N. Stevens Water Treatment Plant(ONSWTP) High Service No. 3 This item was postponed. 39. Discussion regarding Appointments to the Charter Review Ad Hoc Committee This item was postponed. 40. Discussion regarding Al Kruze Tennis Center This item was postponed. U. EXECUTIVE SESSION: (ITEMS 41 -43) 41. 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 water supplies for industrial and other development, existing or potential agreements with water districts and other governmental entities involving the sale or purchase of water, wastewater, water rights or other utility services, potential economic development agreement(s) with business prospects that are considering the construction, expansion, and/or ownership of industrial facilities that will be consumers of water and/or wastewater services, potential creation of entities that could provide or assist in the provision of the aforementioned services, desalination, water reuse, and state regulations related to the aforementioned topics, 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), including, but not limited to, the provision of water to said business prospect(s) and the management, sale, or acquisition of rights to water for said business prospect(s). This item was postponed. 43. Executive session pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. This item was postponed. City of Corpus Christi Page 19 Printed on 9/712017 City Council Meeting Minutes August 29, 2017 42. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning claims and potential litigation related to the contract for the construction of the Mary Rhodes Pipeline Phase 2 - Pump Station/Sedimentation Basin and potential authorization of professional services agreement(s) with expert(s) for analysis of aforementioned claims. This item was postponed. V. IDENTIFY COUNCIL FUTURE AGENDA ITEMS None. W. ADJOURNMENT Mayor McComb conveyed, on behalf of the City Council,appreciation to City Manager Margie C. Rose,city staff,first responders,emergency operations, and volunteers for their efforts during and after Hurricane Harvey. Mayor McComb read a statement related to price gouging as follows: "Price gouging is a crime in Corpus Christi.The City's price gouging prohibition is in Section 16-5 of the City Code. For a hurricane, it prohibits persons from selling necessities, including fuel, food, medicine,construction materials, tarps,tents, ice,water, batteries,generators,and housing,at a price that is greater than the price for any item charged 72 hours before the landfall of the storm. Price gouging is also a civil violation of the Texas Deceptive Trade Practices Act (DTPA).The DTPA can be enforced by civil lawsuit by the victim or the Texas Attorney General. If you notice price gouging, please report it to the Police Department or the Texas Attorney General Consumer Protective division at 1-800-621-0508.We will be cooperating with the Attorney General and civil plaintiffs to enable convictions in our Municipal Court to enhance their ability to obtain judgments with potential punitive damages and injunctions against persons and companies who commit price gouging." The meeting was adjourned at 5:13 p.m. City of Corpus Christi Page 20 Printed on 9/712017 Cit`, of Corpus Christi 1201 Leopard Street City Corpus Christi,TX 78401 forward.cctexas.com Meeting Minutes Cr City Council Workshop Session Thursday,August 10,2017 3:00 PM Basement Training Room 1201 Leopard Street Public Notice -- ITEMS ON THIS AGENDA ARE FOR COUNCIL'S INFORMATIONAL PURPOSES ONLY. COUNCIL MAY GIVE DIRECTION TO THE CITY MANAGER, BUT NO OTHER ACTION WILL BE TAKEN AND NO PUBLIC COMMENT WILL BE SOLICITED. THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE TRAINING ROOM DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 3:03 p.m. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Margie C. Rose, City Attorney Miles Risley,and City Secretary Rebecca L. Huerta. Present 8- Mayor Joe McComb, Council Member Rudy Garza, Council Member Michael Hunter, Council Member Debbie Lindsey-Opel, Council Member Ben Molina, Council Member Lucy Rubio, Council Member Greg Smith, and Council Member Carolyn Vaughn Absent 1 - Council Member Paulette Guajardo C. BRIEFINGS TO CITY COUNCIL: 1. Oso Creek/ La Voila Creek Flooding Mayor McComb referred to Item 1. City Manager Margie C. Rose introduced the agenda item regarding Oso Creek/La Voila Creek flooding. Interim Executive Director of Utilities Dan Grimsbo presented the purpose of the presentation and introduced the presenters. National Weather Service Meterologist Rob Hart presented information on the following topics: Texas'hurricane history; return period for major hurricanes; City of Corpus Christi Page 1 Printed on 9/712017 City Council Workshop Session Meeting Minutes August 10, 2017 flood facts; history of floods; rainfall maps; 1921 hurricane facts;storm surge facts; potential storm surge flood maps; Hurricanes Beulah and Ike facts;and normal hurricane season statistics. In response to questions from council members, Mr. Hart discussed historical record storm tides in Corpus Christi and areas of Corpus Christi that would expect to be flooded during a hurricane. Federal Emergency Management Agency(FEMA) Region 6 Floodplain Specialist Charla Marchuk presented information on the following topics: FEMA's Community Rating System (CRS); CRS eligibility requirements;flood insurance coverage for pre-Flood Insurance Rate Map(FIRM)versus post-FIRM structures;flood insurance policies in force and paid losses for pre-and post-FIRM structures in Corpus Christi;a current higher standards example; and higher standards examples for future consideration. FEMA Region 6 Texas Coordinator Larry Voice presented information on the following topics: the June 4, 1987 Oso Creek flood study; the October 2015 preliminary Oso Creek flood study versus the July 2016 appeal;the June 1987 La Voila Creek flood study; and the October 2015 preliminary La Voila Creek flood study. Ms. Marchuk presented information on eligibility of newly mapped properties. In response to questions from council members Ms. Marchuk and Mr.Voice discussed the following topics: improving the City's rating with FEMA; public information outreach;savings from increasing freeboarding height requirements; potential benefits of La Voila Creek channel improvements;and the length of time before consumers'flood insurance premiums benefit from such improvements. HDR Engineering's representative Curtis Beitel, P.E. presented information on the following topics related to proposed improvements to La Voila Creek: purpose of the review; history of La Voila Creek, including numerous reports and a master drainage plan dating back to 1961; potential mitigation solutions; and the recommended path forward. In response to questions from council members Mr. Beitel and staff discussed the following topics: the number of studies conducted over many years; excavating the channel's overbank versus the bottom of the channel and its impact of flow; removal of brush and its impact on flow;that the creek can be cleaned as long as the creek bottom is not disturbed; the definition of "highwater mark";the U.S.Army Corps of Engineer's requirements regarding the creek bottom; changes to development requirements/ordinances associated with completion of drainage improvements; use of detention ponds and associated costs; the purpose of detention ponds;and what transpired following the work stoppage order issued by the U.S.Army Corps of Engineers during the La Voila Creek improvements project of 2009. Mr. Grimsbo outlined the following path forward: 1) La Voila Creek drainage channel improvements (Phase1);and 2) Master Service Agreement contract for La Voila Creek Storm Water modeling and improvements consisting of: Task 1 -Update the hydraulic model for the entire basin and submit a Letter of Map Revision (LOMR)to FEMA to revise the 100-year elevation; Task 2-Prioritize City of Corpus Christi Page 2 Printed on 9/712017 City Council Workshop Session Meeting Minutes August 10, 2017 ditch/channel improvements on the entire basin, necessary to further mitigate /solve flooding issues (preliminary design); and Task 3-Prepare detailed design and construction documents in Task Orders. Mr. Grimsbo also discussed next steps, including receiving direction from city council regarding: 1) bringing forward a contract with Urban Engineering to re-evaluate the Phase 1 improvements;and 2) bringing back the Master Service Agreement contract to city council on August 29,2017. In response to questions from council members, Mr. Grimsbo discussed the following additional topics: using a previous contracted provider and the City's procurement process; the purpose of the re-evaluation of Phase 1 improvements being to evaluate new data from FEMA; the cost of the re-evaluation; FEMA requiring that the City put the City's information into FEMA's model; and the purpose of the FEMA Letter of Map Revision (LOMR). D. ADJOURNMENT The meeting was adjourned at 5:18 p.m. City of Corpus Christi Page 3 Printed on 9/712017 SC o� Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of August 29, 2017 NCORROP pEO 1852 Action Item for the City Council Meeting of September 12, 2017 DATE: August 29, 2017 TO: Margie C. Rose, City Manager FROM: Steve Viera, Director Human Resources SteveV(a)-cctexas.com 361 826-3445 Kim Baker, Assistant Director of Financial Services — Purchasing Division Kim B2(cD-cctexas.com (361) 826-3169 Health and Welfare Benefits Consulting Services CAPTION: Motion authorizing the City Manager or designee to execute service agreement with IPS Advisors, LLP of Dallas, Texas for health and welfare benefits consulting services in accordance with Request for Proposal (RFP) No. 973, based on best value for a total amount not to exceed $59,000 for the initial year, with a step price increase throughout the option years. The initial year's funding will be requested for FY 2017-18. The term of this agreement is for one year with option to extend for up to four additional one-year periods, subject to the sole discretion of the City. PURPOSE: This item is to provide health and welfare benefits consulting services. BACKGROUND AND FINDINGS: As health care costs continue to rise, and legislative and economic changes alter the benefit landscape, the City of Corpus Christi is seeking innovative and cost-efficient employee benefits solutions. The City must continue its laser-focus on near-term cost management, including strong vendor management and sound design and cost sharing tactics. At the same time, we seek to change the longer-term cost curve by addressing employee health, lifestyle choices and productivity. The recommended employee benefits consultant, IPS Advisors will provide consulting relating to all of the City's health plans and wellness initiatives to improve outcomes and introduce health measures. This includes optimizing the City's health and welfare benefit plan designs as compared to market and making recommendations for a multi-year plan to address the City's specific benefits and financial requirements. This employee benefits consulting services will consist of compliance auditing and implementation, actuarial analytics and consulting, strategic consulting and implementation, and account management to include monthly and quarterly reporting, review, and analysis. The Purchasing Division issued an RFP, six firms submitted their proposal for consideration, and were scored by a selection committee. The top four firms were interview. Advisors, LLP was selected based on best value. ALTERNATIVES: City can move to not hire a Benefits Consultant. OTHER CONSIDERATIONS: Contract will increase annually as optional years are exercised as follows: Term Year 1 fixed flat fee: $59,000 Option Year 1 fixed flat fee: $60,770 Option Year 2 fixed flat fee: $62,595 Option Year 3 fixed flat fee. $64,470 Option Year 4 fixed flat fee: $66,405 Potential total contract value: $313,240 CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures along with the State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: N/A DEPARTMENTALCLEARANCES: Human Resources FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $0 $59,000 $59,000 Encumbered / Expended Amount This item $0 $59,000 $59,000 BALANCE $0 $0 $0 Fund(s): Health Benefits Comments: Annual funding will be requested during each of the following budget years by the Human Resources departments. The initial combined contract value is $59,000. The total contract value is $313,240 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Evaluation Matrix RFP No. 973 Health and Welfare Benefits Consulting Services - Summary Evaluation Matrix Proposal Evaluation Hub International Arthur S. Foster&Foster IPS Advisors "Carlisle "Walker . Gallagher Insurance Associate-,, Minimum Qualifications Required three years in business Pass Pass Pass Pass Pass Pass No outsanding lawsuits during last 5 years Pass Pass Pass Pass Pass Pass No outsanding regulatory issues last 5 years Pass Pass Pass Pass Pass Pass No current litigation ith the City during the last 5 years Pass Pass Pass Pass Pass Pass References Provided for firm Pass Pass Pass Pass Pass Pass Technical Proposal Technical Proposal(70 points) 65.75 66 63.25 62.75 41.75 34.75 Interview Interview(20 points) 14 9.5 6.5 20 0 0 Price Price(10 points) 10 8 10 8.14 0 0 Total 89.75 83.5 79.75 90.89 41.75 34.75 **Due to the point break,the Firms were not selected to move forward to the interview portion of the evaluation. SC �o 0 H v SERVICE AGREEMENT NO. 973 b6RPORAI 1852 Health and Wellness Benefits Consulting Services THIS Health and Wellness Benefits Consulting Services Agreement (''Agreement'') is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and IPS Advisors, LLP ("Contractor''), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Health and Wellness Benefits Consulting Services in response to Request for Bid/Proposal No. 973 ("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 Health and Wellness Benefits Consulting Service ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to four additional 12-month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then-current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the priorwritten agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $59,000.00, 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 Page 1 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Steve Viera Department: Human Rersources Phone: 361-826-3445 Email: SteveVCcctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. City of Corpus Christi Page 2 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, City of Corpus Christi Page 3 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change ordersigned 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: Steve Viera Title: Director of Human Resources Address: 1201 Leopard St. 2nd Floor Corpus Christi, TX 78401 Fax: (361 ) 826-3445 IF TO CONTRACTOR: IPS Advisors, LLC Attn: Brent Weegar Title: Principal Address: 10000 North Central Expressway, Suite 1100, Dallas, TX 75231 Fax: (214) 443-2424 City of Corpus Christi Page 4 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Page 5 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1 ) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, orjustice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes City of Corpus Christi Page 6 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Page 7 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 CONTRACTOR Signature: ✓� Printed Name: Title: P rk.r) Date: CITY OF CORPUS CHRISTI Signature: Printed Name, . Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 973 Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Page 8 of 8 Service Agreement Standard Form Approved as to Legal Form 711116 Attachment A: Scope of Work 1. General Requirements The Contractor shall provide health plan and benefits consulting services for our self-funded and fully-funded benefits program. Our current programs can be reviewed at httl2://www.citynet.cc/citynet/hr/benefit-plans-and-programs. The City employs over 3,000 benefits-eligible employees, while 450 retirees participate in health plans. 2. Scope of Work The Contractor shall work in close partnership with the City of Corpus Christi Human Resource Benefits Department to provide the following services: A. Respond to questions from staff of the City of Corpus Christi's Benefits department, including support with review and analysis of claims. B. Assist staff with setting premium levels for self-funded benefit programs. C. Make recommendations on plan-design changes and provide financial analysis of the cost impact of these changes. D. Introduce proven programs and ideas to manage healthcare costs. E. At the direction of the Benefits Manager, prepare Request for Proposals (RFP) Scope of Work specifications for benefits-related proposals. F. Assist and advise with RFP evaluations. G. Provide and deliver ad hoc reports and presentations to various City of Corpus Christi representatives, including the City Council. H. Provide the City of Corpus Christi with in-depth analysis of proposed benefit offerings and plan design options and assist with the process of selecting the most favorable annual renewal options. I. Research and report any new developments in the employee benefits arena on an ongoing basis. J. Inform and recommend innovative ideas and new products, programs and services to ensure a competitive and cost-effective benefits program. K. Apprise the City of Corpus Christi of local and national benefit trends and provide benchmark survey data to help calibrate program offerings with employee and employer costs compared to similar organizations. L. Act as advisor on issues such as Section 125, COBRA, HIPAA and Medicare and provide overall guidance to the City of Corpus Christi with Health and Welfare regulatory compliance, including reviewing employee notices and recommending changes. M. Educate and advise on Healthcare Reform, specifically PPACA, and the key strategic decisions that the City of Corpus Christi should consider. Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI Pricing Form PURCHASING DIVISION � RFP No. 973 RFP Health and Welfare Benefits Consulting Services DATE April 12, 2017 .PS Adz7_scss, LLP PROPOSER AUTHORIZED SIG ATURE 1. Refer to 'Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Quote your best price for each item 3. In submitting this proposal, Proposer certifies that: a the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, `or the purpose of restricting competition with regard to prices b. Proposers an Equal Opportunity Employer;and the Disc osure o` Interest information or, file w"th City's purchasing office, pursuant to the Code of Ord'nances, ;s current and true. c. Proposer acknowledges that firm complies with Sect on 2.1 Proposer's tvIlinimum Requirements. d. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. ITEM DESCRIPTION QTY UNIT TOTAL PRICE Term Year 1 - Fixed flat fee to perform health and 1 wellness benefits consulting services as outlined in the 1 YR $ $59,000 Scope of Services for one year. Option Year 1 - Fixed flat fee to perform health and 2 wellness benefits consulting services as outlined in the 1 YR $ $60,770 Scope of Services for extension year one Option Year 2 - Fixed flat fee to perform health and 3 wellness benefits consulting services as outlined in the 1 YR $ $62,595 Scope of Services for extension year two Option Year 3 - Fixed flat fee to perform health and 4 wellness benefits consulting services as outlined in the 1 YR $ $64,470 Scope of Services for extension year three Option Year 4 - Fixed flat fee to perform health and 5 wellness benefits consulting services as outlined in the 1 YR $ $66,405 Scope of Services for extension year four TOTAL $ $313,240 it Attachment C: Insurance Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . 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. 2. 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 Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $2,000,000 Aggregate 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 ,000,000 Combined Single Limit Owned Hired and Non-Owned Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part B of this (All States Endorsement if Company is Exhibit. not domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 PROFESSIONAL LIABILITY $1 ,000,000.00 each claim $2,000,000.00 Each Policy Year Aggregate 3. 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. B. ADDITIONAL REQUIREMENTS 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in 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. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit 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 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the ''other insurance'' clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 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. 5. 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. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. 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 Human Resources Health and Welfare Benefits Consulting Services 8/09/2016 my Risk Management ATTACHMENT C- BOND REQUIREMENTS Section 5. (B) is null for this Service Agreement. ATTACHMENT D- WARRANTY REQUIREMENTS Section 8. Warranty is null for this Service Agreement. CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-237191 IPS Advisors, LLP Dallas,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/17/2017 being filed. City of Corpus Christi Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. RFP 973 Health and Welfare Benefits Consulting Services Nature of interest 4 Name of Interested Parry City,State,Country(place of business) (check applicable) Controlling I Intermediary IPS Advisors, LLP Dallas,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. y Signature of authorized aYent contrac ing business entity AFFIX NOTARY STAMP/SEAL ABOVE — /� �/ Sworn to and subscribed before me,by the said SNC M, Gtr Ci .+f Aft this the 7h1 day of , 201*7 ,to certify which,witness my hand and seal of office. .BERRY w.THOMPSON R ID#604971.4 =cure of Officer mm imstering path Printed n e()I officer adkrnnis niig oath I$ �IfeS&s rR of tip•` Y Fo s provided by Texas Ethics Commission www.ethics.state.tx.us SC o� Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of August 29, 2017 NCORROP pEO 1852 Action Item for the City Council Meeting of September 12, 2017 DATE: August 29, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayE I I(d)-cctexas.com (361) 826-3464 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim B2(d)-cctexas.com (361) 826-3169 Playground Equipment for Captain Falcon and Crestmont Parks CAPTION: Motion approving the purchase and installation of playground equipment at Captain Falcon Park from Park Place Recreation Designs, Inc., of San Antonio, Texas for $52,152.65, and the purchase and supervision of installation of playground equipment at Crestmont Park from Exerplay, Inc., of Cedar Crest New Mexico for $61,059.75, for a total not to exceed of $113,212.40 based on the cooperative purchasing agreement with the Local Government Purchasing Cooperative dba BuyBoard. PURPOSE: This item is to provide new playground equipment at Captain Falcon and Crestmont Parks. BACKGROUND AND FINDINGS: The City of Corpus Christi's Parks and Recreation Department has proposed to replace the playground equipment at the Captain Falcon Park at 4712 Oso Pkwy., Corpus Christi, Texas 78413. The playground at Captain Falcon Park is in one of the neighborhood parks recommended for replacement per the 2012 Corpus Christi Strategic Parks and Recreation Master Plan. The equipment has reached the end of its useful life. Funding for replacement equipment is coming from proceeds of parklands sold as approved by an election held on November 4, 2014 and operating funds from Fund 1020-12910. The playground equipment recommended for Crestmont Park located at 3521 Cresthill Drive 78415, will be replacing a unit that was removed in 2015 due to reaching the end of its life cycle. This playground was selected in coordination with the Friends of Crestmont Park and the Parks and Recreation Department and will be installed as a supervised community build supervised by Exerplay Inc. Funding for this purchase is from the proceeds of sale of parklands. The equipment identified for Crestmont Park will allow for use by all age groups and meets Goal 3 of the 2012 Parks and Recreation Master Plan by providing additional opportunities. ALTERNATIVES: N/A 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 & Recreation FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $1,607,209.06 $0.00 $1,607,209.06 Encumbered / Expended Amount $303,829.47 $0.00 $303,829.47 This item $113,212.40 $0.00 $113,212.40 BALANCE $1,190,167.19 $0.00 $1,190,167.19 Fund(s): General and Community Enrichment Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreements Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION PLAYGROUND EQUIPMENT BUYER: ROBERTA ORTIZ AND INSTALLATION TLGPC CONTRACT 512-16 PARK PLACE RECREATION DESIGNS INC. EXERPLAY, INC. SAN ANTONIO, TEXAS CEDAR CREST, NEW MEXICO UNIT EXTENDED UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE PRICE PRICE 1. 466-S012 Nexus Nautilus 2 1 EA $22,764.00 $22,764.00 3. Concrete Slab 1 EA $9,068.00 $9,068.00 Poured-In-Place Rubber 4. Surfacing 1 LOT $15,875.00 $15,875.00 Capt. Falcon Park Payment 5. Bond Fee 1 EA $1,490.00 $1,490.00 6. Installation of Equipment 1 EA $6,150.00 $6,150.00 7. Freight for Falcon Park 1 EA $1,014.00 $1,014.00 $3,120.00 $3,120.00 8. Bu Board Discount 1 EA $4,208.35 $4,208.35 $2,358.25 $2,358.25 9. Belt Seat w/Chains ProGuard 2 EA $110.00 $220.00 10. Play Booster 170998A 1 EA $19,204.00 $19,204.00 11. Single Post Swing Frame 1 EA $1,115.00 $1,115.00 12. 4" Compacted Aggregate 1 LOT $5,840.00 $5,840.00 Poured-in-Place Surfacing 13. 1953 S Ft 1 LOT $26,626.00 $26,626.00 14. Concrete Curbing 1 LOT $3,415.00 $3,415.00 15. Offloading of equipment 1 EA $313.00 $313.00 Supervised Install of 16. Playground at Crestmont Park 1 EA $1,500.00 $1,500.00 Crestmont Park Payment 17. 1 Bond Fee 1 1 EA $2,065.00 $2,065.00 Total Price $52,152.65 $61,059.75 Total for playground equipment and installation at Capt. Falcon and Crestmont Parks: $113,212.40 SC �o 0 H v SERVICE AGREEMENT NO. 48609 b�6RPORAI�� 1852 PLAYGROUND EQUIPMENT AND INSTALLATION AT CAPTAIN FALCON PARK THIS Playground Equipment and Installation at Captain Falcon Park Agreement (''Agreement'') is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Park Place Recreation Designs, 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 at Captain Falcon Park in response to Request for Bid/Proposal No. N/A ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Playground Equipment and Installation at Captain Falcon Park ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for six months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to zero additional zero-month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then-current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $52,152.65, 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 Page 1 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Joshua Wentworth Department: Park and Recreation Phone: 361 .826.3483 Email: JoshuaWCcctexas.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: Joshua Wentworth Title: Park and Recreation Superintendant Address: 1201 Leopard St., 2nd Floor, Corpus Christi, TX 78401 Fax: 361 .826.3174 IF TO CONTRACTOR: Park Place Recreation Designs, Inc. Attn: Michael Carlyon Title: Project Manager Address: P.O. Box 18186, San Antonio, Texas 78218 Fax: 210.832.01 15 City of Corpus Christi Page 4 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Page 5 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1 ) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and City of Corpus Christi Page 6 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Page 7 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 CONTRACTOR Signature: a Printed Name: Title: Date: 2- CITY OF CORNUS 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. N/A Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Page 8 of 8 Service Agreement Standard Form Approved as to Legal Form 711116 Attachment A: Scope of Work 1.1. Scope of Work A. Contractor will provide equipment and Installation of poured -in-place fall zone at Captain Falcon Park located at 4712 Oso Parkway, Corpus Christi, Texas 78413. 1) Installation of playgrounds will include (a) Line location (b) Grading for base installation for pour in place surfacing (c) Installation of playground per manufactures instructions 2) Installation of a 1,114 SF concrete slab at 4' thick including (a) all material and work to complete forming for concrete pad (b) all material and work to complete reinforcing with wire mesh (c) all material and work to complete placement and finishing of concrete 3) Installation of 1,114 SF at required depth per fall height of one poured in place rubber pad including (a) all material and work to complete mixing of bonding agent and rubber surfacing (b) all material and work to complete placement of pour in place rubber pad 4) All material and work to complete clean up 1.2. Installation Phase All installation shall be in accordance with the Public Playground Safety Handbook latest edition produced by the U.S. Consumer Product Safety Commission. Page 1 of 1 PARK PLACE RECREATION DE Vol` Park Place Recreation Designs, Inc. OFFICE P.O. Box 18186 San Antonio, TX 78218 PHONE 800-626-0238 210-821-5878 FAX 210-832-0115 EMAIL fun q©mirac1eparkplace.com WEB www.miracleparkplace.com www.the-art-of-play.com Date: March 30, 2017 Customer: City of Corpus Christi QUOTE: R0917 0161 Project: Capt Falcon Park #466-S012 Nexus Nautilus 2 ITEM DESCRIPTION Revision #2 QTY UNIT PRICE TOTAL PRICE 1 $22,764.00 $ 22,764.00 • Concrete Slab Approved BuyBoard Vendor Contract #512-16: PARK PLACE RECREATION DESIGNS, INC, 210-821-5878 • 800-626-0238 FAX: 210-832-0115 www.m i racIeparkpl ace.co rn Board' Cooperaerre Parchas/ng Approved Vendor -Proposal ff 512-16 www.buyboard.corn 1 $9,068.00 $ 9,068.00 Poured -In -Place Rubber Surfacing, 4" Thick, Approx. 1,114 sq. ft, COLOR: 50/50 Mix (50% Black/50°A) TBD) $15,875.00 $ 15,875.00 Payment Bond $1,490.00 $ 1,490.00 Discount (if applicable - BuyBoard #512-16) 1 -$4,208.35 $ (4,208.35) 1 Installation of Equipment 1 $6,150.00 $ 6,150.00 Freight 1 $1,014.00 $ 1,014.00 Subtotal $ 52,152.65 Tax 0.00%, $ 0.00 1 Grand Total $ 52,152.65 •Pricing is for materials/delivery. Installation is not included unless priced above •If not priced above and if required, the following items and associated costs/fees will be the responsibility of the customer: Engineer Sealed Drawings — Local Building Permits — Payment/Performance Bonds —TDLR Registration/Review/Inspections. Each item, along with its fee/cost, will be listed separately. *Prices are valid for 30 days after which they are subject to change.Any work not specifically mentioned in this proposal as being included shall be deemed excluded.The customer will be responsible for any taxes owed. *Payments made with credit card will have an added 4% service charge. •If a 30 -day Notice of Insurance Cancellation is required, there will be an additional charge of $75. Please issue all purchase orders and payments to Park Place Recreation Designs, Inc. Municipalities/School Districts purchase orders accepted as authorization. Authorized By: x Printed Name Signature Date City of Corpus Christi Parks Nexus Nautilus 2 PARK PLACE REC 1I cgoso -o 0 0 N O_ Miracle. In Texas LILA Q W 0 To verifi twwy protluct w.ipemacertrgcation, v.o City of Corpus Christi Parks Nexus Corpus Christi, TX 1 FOR KIDS AGES 5-12 YEARS AGE GROUP: 5-12 ELEVATED PLAY ACTIVITIES - TOTAL: 0 ELEVATED PLAY ACTIVITIES ACCESIBLE BY TRANSFER: 0 REQ'D 0 ELEVATED PLAY ACTIVITIES ACCESIBLE BY RAMP: 0 REQ'D 0 GROUND LEVELACTIVITY TYPE: 4 REQ'D 0 GROUND LEVEL QUANTITY: 11 REQ'D 0 NEXUS NAUTILUS 2 466S012 'Miracle PARK PLACE RECREATION DESIGNS, INC. R0009 42802413157 P.O. Box 18186 San Antonio,TX GROUND SPACE: 25'-0" x 20'-6" PROTECTIVE AREA: 37'-6" x 33'-0" `RAWN BY: Mike Carlyon PHONE NO: (210) 821-5878 FAX NO: (210) 832-0115 COMPLIES TO ASTM/CPSC I DATE:3/8/2017 COMPLIES TO ADA To promote safe and proper equipment use by children. Miracle recommends the installation of either a Miracle safety sign or other appropriate safety signage near each playsystem's main entry point(s) to inform parents and supervisors of the age appropriateness of the playsystem and general rules for safe play. THE PLAY COMPONENTS IDENTIFIED IN THIS PLAN ARE IPEMA CERTIFIED. THE USE AND LAYOUT OF THESE COMPONENTS CONFORM TO THE REQUIREMENTS OF ASTM F1487. AN ENERGY ABSORBING PROTECTIVE SURFACE IS REQUIRED UNDER &AROUND ALL PLAY SYSTEMS DATE: 03/08/17 SCALE: 1/8"=V-0" 32'-3" 44' City of Corpus Christi Parks Nexus Nautilus 2 Drawing #CCNautilus_ Park Place Recreation Designs, Inc. Life - Have Fun With It! Attachment C: Insurance/Bond Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one 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 Page 1 of 5 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. Page 2 of 5 E. Within five calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 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. 2017 Insurance Requirements Parks and Recreation Park Equipment and Installation 02/27/2017 sw Risk Management Page 3 of 5 00 61 16 PAYMENT BOND BOND NO. Contractor as Principal Name: Mailing address (principal place of business): Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Purchasing Division 1201 Leopard Street 4th Floor Corpus Christi, Texas 78401 Contract Project name and number: Award Date of the Contract: Contract Price: Bond Date of Bond: (Date of Bond cannot be earlier than Award Date of Contract) Said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original. Surety Name: Mailing address (principal place of business): Physical address (principal place of business): Surety is a corporation organized and existing under the laws of the state of: By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): Telephone (for notice of claim): Local Agent for Surety Name: Address: Telephone: E -Mail Address: The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Payment Bond Form 0061 16-4 Captain Falcon Park Service Agreement No. 48609 Rev. 01-13-2016 Page 4 of 5 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Signature: Surety Signature: Name: Name: Title: Title: Email Address: Email Address: Date: Date: (Attach Power of Attorney and place surety seal below) Payment Bond Form 0061 16-5 Captain Falcon Park Service Agreement No. 48609 Rev. 01-13-2016 Page 5 of 5 Attachment D: Warranty Requirements A. Poured -in -Place Flexi Turf Poured -in -Place has a five year limited warranty commencing from the date of the substantial completion. The limited warranty shall provide for 100% of the cost for necessary repairs caused by the failure of FlexiTURF Poured -in-place surfacing only. The limited warranty includes only FlexiTURF's obligation to repair and/or replace any defective materials or workmanship in the surface are or surface areas that have failed during the warranty period. A failed area/areas include edge raveling, bubbling, delamination, peeling, and loss of integrity as a result of a failed system. B. Miracle Recreation Equipment 1. Limited 100 year warranty on aluminum deck posts, steel deck posts, the Versalok fastening system, and associated fastening hardware against structural failure caused by corrosion or deterioration from exposure to weather, or by defective materials or defective workmanship. 2. Limited 15 year warranty on play system steel components including railings, rungs, and rigid climbers against structural failure caused by defective materials or defective workmanship. 3. Limited one year warranty on all products not listed above including all moving parts and flexible climbers against structural failure caused by defective materials or defective workmanship. 4. Limited warranties do not include fading of colors, damage due to excessive wear and tear, vandalism, or negligence. These warranties are valid only if products are installed according to manufacturer's installation instructions. 5. All warranties for the equipment will begin on the date of the first invoice. Repaired or replacement parts are only warranted for the balance of the original limited warranty. Page 1 of 1 Forms provided by Texas Ethics Commission www.eth ics.stateVANI %ON Version V1.0.883 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: 2017-241340 Date Filed: 07(2612017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Park Place Recreation Designs, 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. 48609 Playground Equipment and Installation at Captain Falcon Park 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. (,� �r SL"' Signature d uthorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE p /� r Sworn to and subscribed before me. by the said )t lC & F r)1 I i /0 this the 2. � day of i 20 17 . to certify which, witness my hand and seal of office. I ��* PN H� z�* `���. ,'.' •.,.ls� it i E.. *:. ......L--c--)... a, 12 ath.covt, L tqc-.4_4i4/,' Si nature of officer administering oath Prir name of of yer ad .. gel Title of officer administering oath VVVVVV ."�0 i r,n 1g ..��```` Forms provided by Texas Ethics Commission www.eth ics.stateVANI %ON Version V1.0.883 SERVICE AGREEMENT NO. 50950 PLAYGROUND EQUIPMENT AND INSTALLATION AT CRESTMONT PARK THIS Playground equipment and installation at Crestmont 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 at Crestmont Park in response to Request for Bid/Proposal No. N/A ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. 1. NOW, THEREFORE, City and Contractor agree as follows: Scope. Contractor will provide Playground equipment and installation at Crestmont Park ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for six months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to zero additional zero -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $61,059.75, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, 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: Name: Joshua Wentworth Department: Parks and 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 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: Joshua Wentworth Title: Parks and 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 87008-1 160 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: -gFkruc..., Printed Name: ,t•-ret-il love Title: riziNA-.rak- 6-144A„,7 S 4-c-etio Date: (3g11 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. N/A Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 8 of 8 Attachment A: Scope of Work Contractor will sell and supervise installation of various playground equipment referenced on Attachment B: Bid/Pricing Schedule at Crestmont Park located at 3521 Cresthill Drive, Coprus Christi, Texas 78415. Contractor will supervise the installation of the equipment components but, will be responsible to deliver and install the Poured -in - Place fall zone surfacing for the Playground Equipment area approximately 1953 sqft. Installation of the playground equipment will only be supervised by the Contractor. Delivery: 1. All structures and large independent items are palletized and shrink wrapped and require a forklift for unloading. If a forklift is not available, the City must have necessary manpower to breakdown the pallets on the truck and remove the equipment to a secure storage location. The trucking company personnel will not unload. 2. On Site Storage of equipment is the responsibility of the City from the time the shipment is received until completion of the project, unless otherwise arranged. 3. Security of equipment is the responsibility of the City unless otherwise arranged. 4. ExerPlay, Inc. is not responsible for vandalism, theft, or subsequent repairs and replacement of equipment. This refers only to the protection of the delivered equipment and does not apply to the warranty or replacement of any missing or damaged parts. Installation: 1. The installation price of the poured -in-place surfacing is based on normal soil conditions. Unusual soil conditions that require the use of a jack hammer, or other such equipment, will incur additional charges. 2. The installation price does not include removal of sand, or anything else, which may hinder installation of equipment unless otherwise arranged. 3. The Contractor is not responsible for vandalism, security fencing, theft of equipment or subsequent repairs or replacement. 4. The City is responsible for blue -staking the job site and staking out any underground utilities prior to installation. The City is responsible should damage occur. 5. The job site must be ready and area leveled, when the Contractor arrives to begin the job. Any downtime shall incur additional fees. 6. Vehicle access must be provided to the jobsite. Heavy equipment access to the jobsite may be required. 7. The City must provide a dumpster at the job site for removal of trash. 8. The Contractor will take all precautions to see that landscaping is not damaged during the installation, but will not be responsible should such damage occur. All installation shall be in accordance with the Public Playground Safety Handbook latest edition produced by the U.S. Consumer Product Safety Commission. Page 1 of 1 Attachment B: Bid/Pricing Schedule PO Box 1160 Cedar Crest NM 87008-1160 Fax 505. 281.0155 Toll Free 800.457.5444 www.exerplay.com exerPlay, inc. QUOTATION DATE NUMBER 4/24/2017 MM013117-4 Quote Prepared for: Purchase Order to be Issued To: City of Corpus Christi Crestmont Park Opt 3 Exerplay, Inc. PO Box 1160 Cedar Crest, NM 87008-1160 Buy Board Contract #512-16 Please fax a copy to Exerplay:505-281-0155 SHIPPED VIA TERMS REP FOB EST. SHIP DATE Common Carrier Net 30 CD CorpousChrist 4 - 6 Wks ARO ITEM DESCRIPTION QTY COST TOTAL 174018A PlayBooster 177332A 182503C BuyBoard Freight Sub Base PIP BuyBoard Concrete Curb... Offloading Supervised Ins... Bond Notes I Crestmont Park, Opt 3 Corpus Christi, TX LANDSCAPE STRUCTURES Belt Seat w/Chains ProGuard Chains for 8' Beam Height Per Drawing #170998A Single Post Swing Frame 8' Beam Height Only Welcome Sign, 5-12 yrs, DB Sub -Total Contract #512-16 Freight/shipping charges (150-69-17) FLEXITURF 4" Compacted Aggregate Poured -in -Place, 8' fall, 50% Color, 1953 sqft, Delivered and installed Contract #512-16 Concrete Curbing Offloading of equipment at site Supervised Install of Playground Equipment Performance/Payment Bond Pricing is for the above listed equipment and installation of playground equipment only and does not include off loading of equipment at time of delivery, storage, security, site preparation, security fencing, or any applicable taxes or permits. Pricing is good for 90 days. There will be a 3% fee added to your invoice if you choose to pay by credit card Quote prepared by Michelle Mckean tnichelle@exerplay.com 2 1 1 1 110.00 220.00 19,204.00 19,204.00 1,115.00 1,115.00 0.00 0.00 20,539.00 - 5.00% -1,026.95 3,120.00 3,120.00 5,840.00 5,840.00 26,626.00 26,626.00 - 5.00% -1,331.30 3,415.00 3,415.00 313.00 313.00 1,500.00 1,500.00 2,065.00 2,065.00 0.00 TOTAL $61,059.75 Page 1 of 1 Attachment C: Insurance/Bond Requirements INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer 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 Attachment. $500,000/$500,000/$500,000 Value of the equipment Page 1 of 5 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. Page 2 of 5 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. 2017 Insurance Requirements Parks and Recreation Park Equipment and Surfacing 01/03/2017 cg Risk Management Page 3 of 5 00 61 16 PAYMENT BOND BOND NO. Contractor as Principal Name: Exerplay, Inc. Mailing address (principal place of business): PO Box 1160 Cedar Crest, NM 87008-1160 Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Purchasing Division 1201 Leopard Street 4th Floor Corpus Christi, Texas 78401 Contract Project name and number: 50950 — Playground Equipment and Installation at Crestmont Park Award Date of the Contract: Contract Price: $61,059.75 Bond Date of Bond: (Date of Bond cannot be earlier than Award Date of the Contract) Said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original. Surety Name: Mailing address (principal place of business): Physical address (principal place of business): Surety is a corporation organized and existing under the laws of the state of: By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): Telephone (for notice of claim): Local Agent for Surety Name: Address: Telephone: E -Mail Address: The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Payment Bond Playground Equipment and Installation at Crestmont Park Agreement 50950 00 61 16 - 1 Rev 01-13-2016 Page 4 of 5 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Signature: Surety Signature: Name: Name: Title: Title: Email Address: Email Address: Date: Date: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Playground Equipment and Installation at Crestmont Park Agreement 50950 006116-2 Rev 01-13-2016 Page 5 of 5 Attachment D: Warranty A. Poured -in -Place Flexi Turf Poured -in -Place has a five year limited warranty commencing from the date of the substantial completion. The limited warranty shall provide for 100% of the cost for necessary repairs caused by the failure of FlexiTURF Poured -in-place surfacing only. The limited warranty includes only FlexiTURF's obligation to repair and/or replace any defective materials or workmanship in the surface are or surface areas that have failed during the warranty period. A failed area/areas include edge raveling, bubbling, delamination, peeling, and loss of integrity as a result of a failed system. B. Playground Equipment 1. Limited 100 year warranty on all PlayBooster aluminum posts, stainless steel fasteners, clamps, beams and caps against structural failure due to corrosion/natural deterioration or manufacturing defects, and on PlayBooster steel posts against structural failure due to material or manufacturing defects. 2. Limited 10 year warranty on concrete products against structural failure due to natural deterioration or manufacturing defects. Does not cover minor chips, hairline cracks or efflorescence. 3. Limited warranties do not include fading of colors, damage due to excessive wear and tear, vandalism, or negligence. These warranties are valid only if products are installed according to manufacturer's installation instructions. 4. All warranties for the equipment will begin on the date of the first invoice. Page 1 of 1 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 1 there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-243942 Date Filed: 08/01/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Exerplay, Inc Cedar Crest, NM United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 50950 Playground Equipment and Install at Crestmont Park Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary 5 Check only if there is NO Interested Party. 6 AF AFFIX Sworn 20 max OFFICIAL SEAL • Cathy 9arela NOTARY PUBLIC w;,. STATE OF NEW ]j[ My Commission Expires: v_ ao I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. -,604-1-15-1 Signature of authorized agent of contracting business entity L 4 Ud- , this the 1 day of—, NOTARY STAMP i SEAL ABOVE to and subscribed before me, by the said 17 , to certify which, witness my hand and seal of office. d 1 (-2.)cd Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Fnrmc nrnvirlari by TnYAS Fthir_s rnmmi Sinn www_ethics.state.tx.us Version V1.0.883 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 29, 2017 Action Item for the City Council Meeting of September 12, 2017 DATE: August 17, 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: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Jay Ellington, Director of Parks and Recreation jayell@cctexas.com (361) 826-3042 Construction Contract Aquatic Facility Upgrades and Improvements — West Guth Pool Bond 2012, Proposition 4 Motion authorizing the City Manager, or designee, to execute a construction contract with Progressive Commercial Aquatics, Inc. of Houston, Texas in the amount of $1,512,189 for the Aquatic Facility Upgrades and Improvements — West Guth Pool project for the base bid plus additive alternates 1, 2 and 3. (Bond 2012 Proposition 4) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for the Aquatic Facility Upgrades and Improvements — West Guth Pool project. BACKGROUND AND FINDINGS: This is a project the last project for the Aquatic Facilities Repairs, Upgrades & Improvements, Bond 2012 Proposition 4. Bond 2012 Brochure description: "Collier Pool is one of the most utilized public facilities in the park system. Dedicated lap swimmers, open swim participants, learn to swim participants and neighborhood groups patronize the pool on a regular basis, maximizing the pool's capacity as well as the city resources used to keep it operational on a year-round basis. West Guth is the second most popular park in Corpus Christi. That pool is one of the most popular places for residents in the Northwest to congregate on hot summer day. Updates to these facilities, and other neighborhood pools, may include construction of splash pads, wading and zero depth entry pools, extension of lap lanes and swimmer amenities." The previous projects were for the Collier Pool that provided improvements under two construction projects. Package A (Pool) was awarded to Atlantis Aquatic Group on April 19, 2016 and is complete and in close out. The second project, Collier Pool Renovations Package B was awarded to Barcom on August 30, 2016 and is also complete and in close out. This project is for renovations at the West Guth Pool that is currently closed due to deteriorated conditions including cracking of the pool shell, return water gutter failures, corroded piping, and failing mechanical equipment. This project addresses these deficiencies and provides safety improvements with a zero -depth entrance. The project also includes a climbing wall, vertical play elements with spray features, and a cool deck concrete finish that enhances the use and experience. Project Scope: This project was developed with a base bid and four additive alternates described below. Base Bid — Includes pool shell repairs, new return water gutter system, replacement of the concrete pool deck, replacement of the pool filtration system and pumps with new fencing around the entire pool and pump room. The children's pool will be infilled and equipment for the pump room will be replaced. The existing restrooms, office, and shade structures will remain. The project also included up to four additive alternate items as further described below. Additive Alternate 1 — Includes a climbing wall play feature in the pool. Additive Alternate 2 — Includes vertical play elements with spray features in the new kids play area at the zero -depth entry. Additive Alternate 3 — Includes a new cool deck concrete surface treatment with the new pool deck. Additive Alternate 4 — Reduces the fencing to the pump room only. On July 19, 2017, the City received proposals from two (2) bidders and the bids are as follows: Contractor Progressive Commercial Aquatics, Inc. Houston, Texas Atlantis Aquatic Group Austin, Texas Engineer's Opinion of Probable Construction Cost Base Bid $1,386,989 $1,439,975 $1,013,000 Add Alt 1 30,000 23,154 83,000 Add Alt 2 70,200 79,982 50,000 Add Alt 3 25,000 28,887 160,450 Add Alt 4* ('15,250) {21,660} (29,250) Total $1,512,189 $1,571,998 $1,306,450 *Add Alt 4 is not recommended and therefore not included in totals. ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Turner Ramirez Architects is the architect that was selected for this project under RFQ No. 2012-03 Bond 2012 and CIP Projects. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. Conforms to FY 2016-2017 Parks and Recreation Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation 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 128,387.47 1,943,028.12 2,071,415.59 Encumbered / Expended Amount 128,387.47 128,387.47 This item 1,512,189.00 1,512,189.00 Future Anticipated Expenditures This Project 430,839.12 430,839.12 BALANCE 0.00 0.00 0.00 Fund(s): Parks and Rec Bond 2012 and Bond 2008 Comments: N/A RECOMMENDATION: City staff and Turner Ramirez Architects recommend the construction contract be awarded to Progressive Commercial Aquatics, Inc. in the amount of $1,512,189 for the base bid plus additive alternates 1, 2 and 3 for the Aquatic Facility Upgrades and Improvements — West Guth Pool project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 Letter of Recommendation PROJECT BUDGET ESTIMATE Aquatic Facility Upgrades and Improvements West Guth Pool BOND 2012 Proposition 4 PROJECT FUNDS AVAILABLE: Park and Recreation BOND 2012 Proposition 4 1,456,630 Park and Rec Bond 2008 Reserves 486,398 Community Enrichment Fund 128,387 TOTAL FUNDS AVAILABLE 2,071,416 FUNDS REQUIRED: Construction Fees 1,838,273 Construction (Progressive Commercial Aquatics, Inc.) BB + 3 Add Alt's - THIS ITEM 1,512,189 Contingency (10%) 151,219 Grace Paving and Construction (Parking Lot work under Minor Street IDIQ Contract) 174,865 Construction Inspection and Testing Fees' 59,012 Construction Inspection TBD (3%) 45,366 Construction Phase - Materials Testing Services (PSI) 13,646 Design and Geotechnical Fees 118,500 Architect Design (Turner Ramirez Architects & Planners) 118,500 Contract Management, Reimbursements and Miscellaneous' 55,631 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) (1.5%) 22,683 Engineering Services (Project Mgt) (2.15%) 32,448 Misc. (Printing, Advertising, etc.) 500 TOTAL 2,071,416 ESTIMATED PROJECT BUDGET BALANCE (0) PROJECT LOCATION NUECES RNER NUECES BAY SCALE: N.T.S. CORPUS CHRISTI BAY CORPUS CHRISTI INTERNATIONAL AIRPORT TEXAS A&M UNIVERSITY CORPUS CI- OSO BAY 665 43 2444 LOCATIO MAP NOT TO SCALE Project Number: E14007 AQUATIC UPGRADES WEST GUTH POOL RENOVATIONS (BOND 2012) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES war TURNER 1 RAMIREZ ARCHITECTS August 02, 2017 Attention: J.R. Lopez Engineering Services City of Corpus Christi 1201 Leopard St., 3' Floor, P.O. Box 9277 Corpus Christi, TX 78469-927 RE: Aquatic Upgrades — West Guth Pool Renovations (Bond 2012) Mr. Lopez, Upon review of the submitted bid information for the City of Corpus Christi Aquatic Upgrades -West Guth Pool Renovations (Bond 2012) project, TurnerlRamirez Architects would like to formally recommend the use of the apparent low bidder Progressive Commercial Aquatics, Inc. If you have any questions or concerns, please do not hesitate to call me. Sincerely, Philip J. Ramirez, AIA, LEED AP Principal Architect/President TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 I TRARCH.COM Page 1 of 1 Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0. 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: 2017-251079 Date Filed: 08/17/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Progressive Commercial Aquatics, Inc. Houston, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi, Texas 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E14007 West Guth Pool Renovations (Bond 2012) 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 if is NO Interested Party. Check only there X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. t•aaaa uuaeaaanMMAaanAAAAI,-.4AAAAAA3A AkA!y,E6. �0 P4 TFRESA J. GAFFNER My Commission Expires C ( ��� - ,�✓�c� �� i / August Oa, 2018 E 4tu -c'' ; Signature of authorized agent of contracti4 business entity t� AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said v . C /Z//S aj)(/ / , this the / 7'74` day of Lu 41c.,l- , 20 / 7 , to certify which, witness my hand and seal of office. J 6 /17.--,---4 cg lam( l[ /1J / /7 G(�%d T. ��.L':%li_ �/�. j. --h-e / E.;� f =54 Signature of officer ministering/ 41 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. Corpus Chr sti Engineering Aquatic Facility Upgrades and Improvements West Guth Pool BOND 2012, Proposition 4 Council Presentation August 15, 2017 Project Location AQUATIC UPGRADES WEST GUTH POOL RENOVATIONS (BOND 2012) CORPUS CHRISTI BAY OBO �hrsti Engineering 2 Project Vicinity %111° ,.,,.- Corpus Chr sti Engineering Existing Conditions Corpus Chr sti Engineering The existing pool was closed 2016 due to age and deterioration of the pool structures and equipment depicted in the pictures below: Plumbing/Mechanical Equipment Project Scope Corpus Chr sti Engineering The project includes a Base Bid plus four (4) Additive Alternates as follows: Base Bid improvements are limited to the pool and pool equipment only as follows: Pool shell repairs and surface treatment Repair/replacement of the overflow system (gutters) Remove and replace the concrete pool deck New filtration, pump systems and plumbing & electrical upgrades New zero depth entry for kids play area and safety New perimeter fencing for the pool and pool equipment area Additive Alternate 1— New climbing wall (Recommended for award) Additive Alternate 2 — New vertical play elements with spray features in the zero depth entry kids play area (Recommended) Additive Alternate 3— Incorporates final cool deck surface treatment to pool deck (Recommended) Additive Alternate 4 - Reduces the fencing to the pump room only (Not Recommeded) Additive Alternate No. 1 Climbing Wall Project Scope a1/1 Cous Chr s Comps ti Engineering Additive Alternate No. 2 Splash Features Additive Alternate No. 3 Cool Deck Project Schedule Cous Chr sti Comps Engineering 2016 M J J A s O N 2017 2018 DJFMAMJJA OMNI alga Design Bid A Projected Schedule reflects City Council award in September 2017 with anticipated completion in April 2018. AGENDA MEMORANDUM Future Item for the City Council Meeting of August 29, 2017 Action Item for the City Council Meeting of September 12, 2017 DATE: TO: September 7, 2017 Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Andres Leal, Jr., P.E., Director, Street Operations andyl@cctexas.com (361) 826-1957 Professional Services Contract Bridge Rehabilitation Project (Capital Improvement Program) CAPTION: Motion authorizing the City Manager, or designee, to execute a professional services contract with LJA Engineering, Inc., of Corpus Christi, Texas in the amount of $114,950 for the Bridge Rehabilitation project. (Capital Improvement Program) (CIP) The term of this agreement is for one year with option to extend for two additional one-year periods subject to the sole discretion of the City based on sufficient funding and successful performance by the engineering firm. PURPOSE: The purpose of this agenda item is to execute an engineering contract with LJA Engineering, Inc., for the Bridge Rehabilitation project. BACKGROUND AND FINDINGS: There are approximately 441 bridges within the Corpus Christi city limits and Nueces County. Roadway bridges are inspected, maintained and repaired under three classifications: 1. TxDOT On -System Bridges — TxDOT inspected, maintained, and repaired (335 bridges — Nueces County). 2. TxDOT Off -System Bridges — TxDOT inspected; City maintained and repaired (70 bridges). 3. City Bridges — City inspected, maintained, and repaired (36 bridges). On -System bridges are owned and maintained by the State on the Texas Department of Transportation (TxDOT)-designated highway system. Off -System bridges are owned and maintained by any of a number of government entities and are not on the TxDOT-designated highway system. City Bridges are smaller bridges and do not meet the definition of a bridge as defined in the National Bridge Inspection Standards (NBIS). City Bridges are less than 20 feet in span. TxDOT inspects the On -System and Off -System bridges every 2 years per National Bridge Inspection Standards (N BIS). The NBIS provides specific guidelines for inspections and includes standardized forms for record keeping purposes. The results of the Off -System bridge inspections are tabulated in the "Off -System Bridge Inventory, Inspection, and Appraisal Program" (BRINSAP) report which is provided to the City every two years. Within the BRINSAP report, TxDOT identifies maintenance issues or needed repairs which the City must address. (The most recent BRINSAP report did not identify any deficiencies.) City Bridges are not currently inspected at regular intervals. However, the 2017 CIP Budget includes a project to develop a bridge asset management program. This project includes inspecting all bridges on the City Bridge System, and developing a cost estimate and prioritized list of maintenance and recommended repairs. It will also prepare IDIQ contract bid documents, and delivery orders for specific bridges and repair items. The scope for the subject contract is provided below. Project Scope: This item provides for the inspection, analysis, and preliminary cost estimates with recommended prioritization for repairs to City bridges. The project also includes the preparation of construction plans for an Indefinite Delivery Indefinite Quantity (IDIQ) construction contract. Regular bridge inspections are needed to adequately budget for required capital improvements, repairs, and maintenance. This project provides for a baseline inspection of the City bridges using the NBIS template and to establish future inspection cycles. The inspections will evaluate the conditions, opinion of probable construction costs, and prioritization for implementation of the improvements. This project also includes preparation of the IDIQ construction contract bid documents to issue Delivery Orders (DOs) for the recommended improvements. The DO preparations are an allowance that will be individually authorized and negotiated after the bridge assessment is complete. ALTERNATIVES: 1. Authorize execution of contract. (Recommended) 2. Do not authorize execution of contract. (Not Recommended) OTHER CONSIDERATIONS: This project allows the City to manage City bridge assets. CONFORMITY TO CITY POLICY: The engineering contract and selection process comply with Professional Procurement Act and City Policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Water Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ® Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Budget & Expenditures Current Year Future Years TOTALS Line Item Budget 1,000,000 1,000,000 Encumbered / Expended Amount This Item 114,950 114,950 Future Anticipated Expenditures This Project 30,500 30,500 BALANCE 854,550 854,550 Fund(s): Storm Water CIP #14 Comments: This amendment will result in expenditure not to exceed $114,950. RECOMMENDATION: City Staff recommends approval of a professional services contract with LJA Engineering, Inc., of Corpus Christi, Texas in the amount of $114,950 for the Bridge Rehabilitation project, and authorization of the City Manager to administratively exercise the two additional one-year options. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Form 1295 (in contract) Presentation PROJECT BUDGET ESTIMATE Bridge Rehabilitation FUNDS AVAILABLE: Strom Water CIP $1,000,000 TOTAL $1,000,000 FUNDS REQUIRED: Construction Fees Estimate Construction - Bridge Rehabilitation Construction - (Estimate) TBD Contingecy (10%) TBD TBD Engineering Fees: Engineering (LJA Engineering) THIS ITEM 114,950 Reimbursements: Total Reimbursements 30,500 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 10,000 Engineering Services (Project Mgt/Constr Mgt) 20,000 Misc. (Printing, Advertising, etc.) 500 TOTAL $145,450 ESTIMATED PROJECT BUDGET BALANCE $854,550 Morgan Farm Area 0 Odem TT Sinton Rancho Chico Del Sol -Loma Linda Taft Nueces BeY Doyle Portland riot Tradewinds Gregory Faiman-County Acres Aransas P Ingleside Ingleside on the Bay orpus L,hristi Corer ..• 65 tronila Tierra Grande • CITY-WIDE PROJECT u$tang Island Slate 'arre Chapman Ranch LOCATION MAP NOT TO SCALE Project Number: E12199 Bridge Rehabilitation CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES C Bridge Rehabilitation Corpus Chr st1 Engineering Council Presentation August 29, 2017 Location Map Corpus Chr sti Engineering Project Scope Carpus Chr sti Engineering This contract provides for : • Inspection of bridges within City limits identified as part of City Bridge System • Preparation of opinion of probable costs for maintenance and repair • Preparation of a prioritized list of projects • Preparation of IDIQ bid documents Project Scope Carpus Chr sti Engineering This contract is divided into four tasks: Task 1: Inspect 35 bridges identified as part of the City Bridge System. Prepare bridge inspection reports with maintenance & repair recommendations. Task 11: Develop opinion of probable costs for maintenance and repair recommendations. Develop a methodology for prioritizing required repairs. Task 111: Prepare IDIQ contract bid documents based on prioritized list Task IV: Prepare delivery orders for the IDIQ contract for bridges and repair items. (Fees for each delivery order to be determined.) Project Schedule Corpus Chr sti Engineering 2017 2018 SEP OCT NOV DEC JAN FEB MAR Services Project Estimate 7 Months Projected Schedule reflects City Council award in August 2017 with anticipated completion in March 2018. CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT E12199 — Bridge Rehabilitation The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and LJA Engineering, Inc., 820 Buffalo Street, Corpus Christi, Nueces County, Texas 78401, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I — SCOPE OF SERVICES 2 ARTICLE II — QUALITY CONTROL 2 ARTICLE III — COMPENSATION 3 ARTICLE IV — TIME AND PERIOD OF SERVICE 4 ARTICLE V — OPINIONS OF COST 5 ARTICLE VI — INSURANCE REQUIREMENTS 5 ARTICLE VII — INDEMNIFICATION 5 ARTICLE VIII — TERMINATION OF AGREEMENT 6 ARTICLE IX — RIGHT OF REVIEW AND AUDIT 6 ARTICLE X — OWNER REMEDIES 7 ARTICLE XI — CONSULTANT REMEDIES 8 ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 8 ARTICLE XIII — MISCELLANEOUS PROVISIONS 9 EXHIBIT A SCOPE OF SERVICES EXHIBIT B SAMPLE PAYMENT REQUEST FORM EXHIBIT B-1 CONFIDENTIAL RATE SHEET EXHIBIT C INSURANCE REQUIREMENTS EXHIBIT D DISCLOSURE OF INTEREST EXHIBIT E CERTIFICATE OF INTERESTED PARTIES (FORM 1295) 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 attachcd 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 $114,950. 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 one (1) year beginning on the Effective Date. The Agreement may be renewed for up to two (2) one-year renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 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 4of11 ARTICLE V — OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. 5.4 The OPC must be validated and/or updated with each deliverable. If construction bids exceed the OPC, the Consultant will redesign the project to be consistent with the OPC at no additional cost to City. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. Contract for Professional Services Page 5 of 11 ARTICLE VIII — TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX — RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there Contract for Professional Services Page 6 of 11 is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X — OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 10.2 The City may assert a claim against the Consultant's professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. 10.3 When the City incurs non -value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non -value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.4 The Consultant may be required to revise bid documents and re -advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.5 The City may withhold or nullify the whole or part of any payment as detailed in Article III. Contract for Professional Services Page 7 of 11 ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty- one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process Contract for Professional Services Page 8 of 11 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 Ag reement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as Contract for Professional Services Page 9 of 11 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/i ndex. 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 LJA Engineering, Inc. zbr Jeff H. Edmonds, P.E. Date ''' -my D. Russell, RPL late Director of Engineering Services Vice President/Surveying Department 1480 Cornerstone Beaumont, TX 77706 (409) 866-9769 Office APPROVED AS TO LEGAL FORM jrussell@Ija.com City Attorney Date ATTEST City Secretary Date Project Name Bridge Rehabilitation Project Number E12199 Accounting Unit 3495-043 Account 550950 Activity E12199 -01 -3495 -EXP Account Category 50950 Fund Name: Storm Water 2012B Revenue Bond Contract for Professional Services Page 11 of 11 L14 820 Buffalo Street. Corpus Christi, Texas 78401 LJA ENGINEERING t 361.887.8851 f 361.887.8855 LJA com TBPE F-1386 TBPLS 10016600 August 1, 2017 PROPOSAL Mr. Jeffrey Edmonds, P.E. City of Corpus Christi Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 Re: Engineering Services Agreement Between City of Corpus Christi and LJA Engineering, Inc. Bridge Rehabilitation LJA Proposal No. 15-01585 Dear Mr. Edmonds: I. SCOPE OF WORK LJA Engineering, Inc. (LJA) is pleased to present this proposal letter to the City of Corpus Christi, Texas ("City") for engineering services to inspect 35 bridges identified as part of the City Bridge System. The Scope of Work included under this proposal is described as follows: General: Inspect 35 bridges within the city limits of the City of Corpus Christi, identified as part of the City Bridge System. Prepare Rough Order of Magnitude opinion of probable costs for maintenance and repair recommendations based on the inspection reports for each bridge. Prepare IDIQ Contract bid documents for an on call, as needed, bridge repair contract. Prepare delivery orders for the IDIQ Contract for bridges and repair items as directed by the City Project Manager. Task I: Inspect 35 bridges identified as part of the City Bridge System provided by City. The TxDOT Bridge Inventory, Inspection, and Appraisal Program (BRINSAP) template will be used for each bridge. The bridge inspection report will not require load ratings of the bridge, but will include photographs, the Scour Summary Sheet for Bridge Class Culverts and a Bridge Inspection Record. The deliverable will be 2 hard copies of the bridge inspection report for each of the 35 bridges and one electronic copy on CD. During this task, LJA will identify repair items and rough quantities for preparation of a Rough Order of Magnitude opinion of probable costs in Task II, and for preparation of an IDIQ Contract in Task III. Task II: Prepare a Rough Order of Magnitude opinion of probable costs for the 35 bridges inspected in Task I. LJA shall also develop a methodology for prioritizing the required repairs, and include a prioritized list of projects and documentation of the prioritization methodology used in a report. The deliverable will be 2 hard copies of the Prioritization and Opinion of Probable Cost report, and one electronic copy on CD. EXHIIT "A" Page 1 of 4 Mr. Jeffrey Edmonds, P.E. City of Corpus Christi August 1, 2017 Task III: Prepare IDIQ Contract bid documents based on the prioritized list developed in Task II, and limited to an estimated construction budget not to exceed $250,000. The IDIQ documents will be developed utilizing the repair items that were captured as part of Task I. Front end documents, specifications, repair drawings and estimated repair quantities will be included. Assistance with the bid phase will also be included. Construction phase services will not be included as these services will be undertaken in Task IV. Task IV: Prepare delivery orders for the IDIQ Contract for specific bridges and repair items as directed by the City Project Manager. Engineering fees for preparation of delivery orders not to exceed $25,000. (Allowance) Schedule: 1. Task I Six (6) weeks after receipt of Notice to Proceed (NTP). 2. Task II Six (6) weeks after approval of Task I submittal. 3. Task III Six (6) weeks after approval of Task II submittal 4. Task IV TBD with each delivery order EXCLUSIONS The following services are not included in the scope of work of this proposal, but can be added for additional fees, if required: • ROW surveys to determine roadway and/or drainage way boundaries. • Topographic surveys to identify existing conditions, drainage flows and possible utility conflicts. • Subsurface Utility Engineering (SUE) services • Geotechnical/materials testing services • RAS review services • Other services not specifically listed in the Scope of Work II. BASIS OF COMPENSATION LJA proposes to perform the above-described scope of work for a Fixed Fee of $114,950.00, for Task I, Task II and Task III and Task IV ($25,000 Allowance). R:\BPs-OPPORTUNITIES\BP's - 2015\15-01585 - City of Corpus Christi - Bridge Rehabilitation\Bridge Rehab Proposal\Scope and Cost Estimate for Bridge Rehab EXHIIT "A" Page 2 of 4 Mr. Jeffrey Edmonds, P.E. City of Corpus Christi August 1, 2017 C. Summary of A/E Fees: BRIDGE REHABILITATION PROJECT SUMMARY OF FEES BASIC - NA ADDITIONAL 1 Task I - Fixed Fee $35,410.00 2 Task 11 - Fixed Fee $34,540.00 3 Task III - Fixed Fee $20,000.00 4 Task IV- Allowance $25,000.00 Subtotal Additional Services $114,950.00 TOTAL AUTHORIZED FEE $114,950.00 III. SCHEDULE OF PAYMENTS AND WORK Invoices shall be submitted and paid on a monthly basis based upon engineering efforts spent at the time of invoicing. IV. OWNERSHIP OF DOCUMENTS Original documents and construction plans belong to, and remain the property of the Client, provided that the Engineer has received full compensation due, in consideration of which it is mutually agreed that the Client will use them solely in connection with the Project, except with the express consent of the Engineer. The Engineer may retain reproducible copies of such documents. Originals of the recorded plat and field books remain the property of the Engineer, and the Client may request copies be made at his expense. V. PROVIDED BY CLIENT To the extent available, client will provide LJA with the following: • Bridge record drawings • Any previous bridge report or inspection • Roadway and/or drainage way ROW drawings • Standard City front end, bid, and contract documents and applicable technical specifications. • IDIQ bid advertisement and dissemination of bid documents • IDIQ pre-bid meeting R:\BPs-OPPORTUNITIES\BP's - 2015\15-01585 - City of Corpus Christi - Bridge Rehabilitation\Bridge Rehab Proposal\Scope and Cost Estimate for Bridge Rehab EXHIIT "A" Page 3 of 4 Mr. Jeffrey Edmonds, P.E. City of Corpus Christi August 1, 2017 We appreciate the opportunity to provide these engineering services to you. If the Engineering Services Proposal is acceptable to you, please sign this Proposal and the attached Professional Services Agreement and return one copy of each to us. If you have any questions, or need any additional information, please do not hesitate to contact me at (361) 887-8851. Best Regards, ACCEPTED FOR: CITY OF CORPUS CHRISTI BY: JEFFREY EDMONDS, P.E. 8/1/17 By: Albert Franco, Jr., P.E., RPI,$ Date Project Manager Printed Name glen 4011 Date: D. Russell, R.P.L.S. Date resident/Surveying Division AEF/JDR/dcr Attachment R:1BPs-OPPORTUNITIESIBP's - 2015115.01585 - City of Corpus Christi - Bridge Rehabllitation1Bridge Rehab Proposal\Scope and Cost Estimate for Bridge Rehab EMIT "A" Page 4 of 4 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Invoice Previous Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). Sample form for: Payment Request AE Contract Revised 02/01/17 Remaining Percent Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE ($/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 Pre -Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 Consultant shall be required to submit a copy of the replacement certificate of Rev 07/16 Exhibit C Page 1 of 2 insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Rev 07/16 Exhibit C Page 2 of 2 ISUPPLIER NUMBER oilTO BE ASSIGNED BY CITY PURCHASING DIVISION City of Corpus Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: LJA Engineering, Inc. P. O. BOX: P.O. Box 2927 STREET ADDRESS: 820 Buffalo St. FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi ZIP: 78401- 2. Partnership 5. Other 3. Sole Owner DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 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 Patrick D. Veteto, P.E. Coastal Bend Council of Governments 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 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: Patrick D. Vetet (Type or Print) Signature of Certifying Person: itle: Vice President DEFINITIONS Date: March 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." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Forms provided by Texas Ethics Commission www.ethics.state.tx. us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-176970 Date Filed: 03/09/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. LJA Engineering, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E12199 Bridge Rehabilitation 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. a/ ✓,t��. ,w DIANA C RAMIREZ ` /-\� ^! My Commission Expires November 11 2017 ` Signature of authorized agent of contractin usiness entity ^ A .q -P 1 i' this the q *6 day of 1la r h AFFIX Sworn 20 NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said i , to certify which, witness my hand and A rk 0 rt. zed seal of office. C. - .mirez (Liu,., Ass1- CL C Pbic{n,a Ait,..% Signature of officer administering oa 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 August 29, 2017 Action Item for the City Council Meeting of September 12, 2017 DATE: TO: August 29, 2017 Margie C. Rose, City Manager FROM: Andres Leal, Jr., P.E., Director of Street Operations andyl@cctexas.com (361) 857-1957 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kim B2@cctexas.com (361) 826-3169 Supply Agreement for Concrete CAPTION: Motion authorizing City Manager, or designee, to execute a supply agreement with Custom -Crete, LLC, of Euless, Texas for the purchase of concrete in response to Request for Bid No. 958 based on the lowest responsive, responsible bid for a total amount not to exceed $105,700.00 with an estimated expenditure of $8,808.33 in FY2016-2017 and funded by the Storm Water Fund. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. PURPOSE: This item is to approve a supply agreement for concrete. The concrete will be used by the Street Department for repairs throughout the City. BACKGROUND AND FINDINGS: Concrete is needed by the Street Department to perform required work related to concrete repairs for curb, gutter, sidewalks, aprons, walkways, etc. for residential and commercial areas as needed. Concrete consists of 3000 PSI 5/8" pea gravel or greater includes fly ash, water reducer, and/ or water accelerator. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received one response. Staff is recommending the award to the lowest, responsive, responsible bidder, Custom -Crete, LLC. 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: Storm Water Operations FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $277,108.75 $96,891.67 $374000.42 Encumbered / Expended Amount $115,396.40 $0.00 $115,396.40 This item $8,808.33 $96,891.67 $105,700.00 BALANCE $152,904.02 $0.00 $152,904.02 Fund(s): Storm Water Fund Comments: The initial contract term total is $105,700.00, of which $8,808.33 is funded in FY2016-17. The total estimated contract value will be $ 317,100.00 if all options years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: Cynthia Perez BID TABULATION RFB 958 Concrete TOTAL: $105,700.00 Custom -Crete, LLC Euless, Texas Item Description Qty. Unit Unit Price Extended Price 1 Concrete 3000 PSI - 5/8" Rock 800 CY $129.00 $103,200.00 2 Delivery Charge (if applicable) 100 EA $25.00 $2,500.00 TOTAL: $105,700.00 SUPPLY AGREEMENT NO. 958 Concrete for Curb and Gutter Work THIS Concrete for Curb and Gutter Work Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Custom -Crete, LLC ("Supplier'), effective for all purposes upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Concrete for Curb and Gutter Work in response to Request for Bid No. 958 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Concrete for Curb and Gutter Work in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for twelve months. This Agreement includes an option to extend the term for up to two additional twelve-month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Supplier and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $105,700.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 7 this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Maggie Ware Department: Streets Phone: 361-826-1875 Email: maggiew@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier 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 City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 2 of 7 Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 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. City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 7 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Maggie Ware Title: Management Assistant Address: 2525 Hygeia Corpus Christi, TX 78415 Fax: 361-826-1627 IF TO SUPPLIER: Custom-Crete,LLC DBA Mobile -Crete Attn: Dean Kittel Title: Territory Sales Manager Address: 331 N. Main Euless, TX 76039 Fax: N/A 17. SUPPLIER AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS 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 City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 4 of 7 CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. SUPPLIER M UST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 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, City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 5 of 7 but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Supplier's bid response (Exhibit 2) 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 7 SUPPLIER Signature: Printed Name: �'-` '4' `'4-°✓ Title: Date: pi exia,ev — G s „) - Ce e...":4__ ,u.C.-- ,fol -70/7 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 Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 958 Exhibit 2: Supplier's Bid Response City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 7 of 7 Attachment A - Scope of Work 1.1 General Requirements/Background Information Concrete is needed by the City Street Department to perform required work to replace curb, gutter, driveway, sidewalk and walkways for residential and commercial areas. The Contractor shall provide Concrete for Curb and Gutter Work for the Street Department as outlined in this Scope of Work. 1.2 Scope of work A. The Contractor shall supply concrete with 3000 PSI 5/8" pea gravel (or greater) to job sites for residential / commercial curb and gutter in various locations throughout the City of Corpus Christi as needed. Concrete of 3000 PSI 5/8" pea gravel or greater includes fly ash, water reducer, and/ or water accelerator. The clear majority of loads average at least nine cubic yards. Ten percent of loads are shorter than nine cubic yards and require use of dye. B. The Contract Administrator shall initiate the call to order the quantities needed. C. Supplier shall not impose a minimum order. The City will be able to order any amount at any time. 1.3 Work Site and Conditions Concrete shall be delivered and poured via concrete truck to various locations throughout the City as requested. 1.4 Supplier Quality Control and Superintendence The Supplier 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 Supplier will also provide supervision of the work to insure it complies with the contract requirements. 1.5 Special Instructions Supplier must be able to supply the cement within 7 days. All cement delivered shall have an accompanying delivery ticket listing the items purchased. Attachment B - Bid /Pricing Schedule 1.. 2. 3. 4. /2-11zrb' 7 CITY OF CORPUS BID FORM MON RFB No. 958 Concrete Supplier 7- CHRISTI for Curb and Authorized .„4 Signature: Ir•� Terms and arrived at independently, any other Bidder and the Disclosure pursuant to the Code and company is of all addenda the bid form. Bidders Gutter Work PAGE 1 OF 1 �'– �.�IIs .... it:.ei Ili X852 MC Date: Bidder: Refer completing Quote In submitting a. The communication, competition b Bidder on enc#: c. Bidder required d. Bidder Bidders Responsive M - Cre-I'L Mobile � j�j to "Instructions to Bidders" and Contract bid. your best price for each item. this bid, Bidder certifies That': prices in this bid have been or agreement with about prices; is an. Equal Opportunity Employer; file with City's purchasing office, true. is current with all taxes due governmental agencies. acknowledges receipt and review must not write over or revise if the bid form is modified. Conditions before without consultation, or competitor, for restricting of Interest information of Ordinances, is current in good standing with all for this RFB. will be considered Non - Item Description UNIT QTY Unit Price Total Price 1. Concrete 3000 PSI -5/8" Rock CY 800 1 I23 # 103 200 2. Delivery Charge (if applicable) Each 100 ` 2.°f - $ 2 5'O Page 19 of 19 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 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 GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 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 per 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 about operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, except for 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 Page 2 of 3 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 Streets Concrete Supplier 10/04/2016 my Risk Management Page 3 of 3 Attachment D - Warranty Requirements No warranty requirements for this supply agreement; Section 8. Warranty is null for this supply agreement. 6 AFFIDAVIT REBECCA KUHL NOTARY PUBLIC STATE Of TEXAS COMM18840N EXPI JULY 15.2018 AFFIX NOTARY STAMP / SEAL ABOVE I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct Signature of authorized agent of contracting business entity Sworn to and subscribed before me, by the said in 61-01,141-" 21 certify which, witness my hand and seal of office. '= • Signature of o icer administer ng oath , this the Lao% day of , e C -CA IC6 Al Aj&-ilSeV Rt 014 L, Printed name of officer administering oath Title of officer adMinistering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 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: 2017-247813 Date Filed: 08/10/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Custom -Crete LLC Euless, 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. of Corpus Christi 3 _..1City 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. 958 Concrete materials for curb and gutter improvements 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 6 AFFIDAVIT REBECCA KUHL NOTARY PUBLIC STATE Of TEXAS COMM18840N EXPI JULY 15.2018 AFFIX NOTARY STAMP / SEAL ABOVE I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct Signature of authorized agent of contracting business entity Sworn to and subscribed before me, by the said in 61-01,141-" 21 certify which, witness my hand and seal of office. '= • Signature of o icer administer ng oath , this the Lao% day of , e C -CA IC6 Al Aj&-ilSeV Rt 014 L, Printed name of officer administering oath Title of officer adMinistering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 29 2017 Action Item for the City Council Meeting of September 12, 2017 DATE: August 29, 2017 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive Director of Utilities DanG@cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services, Purchasing Division Kim B2@cctexas.com (361) 826-3169 Cement Stabilizing Sand Supply Agreement CAPTION: Motion authorizing City Manager, or designee, to execute a supply agreement with Aaron Concrete Contractors, of Aransas Pass, Texas for the supply of cement stabilizing sand in response to Request for Bid No. 1152 based on the lowest responsive, responsible bid for a total amount not to exceed $297,828.94, with an estimated expenditure of $24,819.08 in FY2016-2017. The term of the agreement is for one year with an option to extend for up to two additional one year periods, subject to the sole discretion of the City. PURPOSE: This item is to approve a supply agreement for cement stabilizing sand for the Utilities Department. BACKGROUND AND FINDINGS: The daily operations of the Utilities Department, which includes emergency repairs and line location requires Cement Stabilizing Sand for backfilling repairs made to street water lines, and for backfilling around water line repairs. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received two responses. Staff is recommending the award to the lowest responsive, responsible bidder, Aaron Concrete Contractor. 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: Utilities Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $522,283.93 $273,009.86 $795,293.79 Encumbered / Expended Amount $442,618.05 $0.00 $442,618.05 This item $24,819.08 $273,009.86 $297,828.94 BALANCE $54,846.80 $0.00 $54,846.80 Fund(s): Water, Wastewater, Stormwater Comments: The initial contract term total is $297,828.94, of which $24,819.08 will be funded in FY2016-17. The total estimated contract value will be $893,486.82 if all options years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION TITLE: RFB 1152 -Supplier for Cement Stabilizing Sand BUYER: Cynthia Perez Supplier 1 Supplier 2 Aaron Concrete Contractor Aransas Pass, TX G.P. Transport Gregory, TX ITEM DESCRIPTION Unit QTY UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1 Cement Stabilizing Sand Yards 4,286 $ 32.75 $ 140,366.50 $ 40.50 $ 173,583.00 2 Cushion Sand Yards 4,800 $ 12.75 $ 61,200.00 $ 11.75 $ 56,400.00 3 Sandy Loam Yards 1,200 $ 21.00 $ 25,200.00 $ 25.50 $ 30,600.00 4 5/8 Rock Yards 857 $ 49.62 $ 42,524.34 $ 42.50 $ 36,422.50 5 Cement Sand Yards 857 $ 33.30 $ 28,538.10 $ 26.50 $ 22,710.50 TOTAL $297,828.94 $319,716.00 SUPPLY AGREEMENT NO. 1152 Cement Stabilizing Sand THIS Cement Stabilizing Sand Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Aaron Concrete Contractors ("Supplier'), effective for all purposes upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Cement Stabilizing Sand in response to Request for Bid No. 1152 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Cement Stabilizing Sand in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for twelve months. This Agreement includes an option to extend the term for up to two additional twelve-month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Supplier and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $297,828.94, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 7 this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Joanna Moreno Department: Utilities Department Phone: (361) 826-1649 Email:joannam@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier 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 City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 2 of 7 Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 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. City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 7 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joanna Moreno Title: Contract Administrator Address: 2726 Holly Road, Corpus Christi, Texas 78415 Fax: (361) 826-1715 IF TO SUPPLIER: Aaron Concrete Contractors Attn: Ryan Harrison Title: Manager Address: P.O. Box 2210, Aransas Pass, Texas 78336 Fax: N/A 17. SUPPLIER AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS 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 City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 4 of 7 CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. SUPPLIER M UST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 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, City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 5 of 7 but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Supplier's bid response (Exhibit 2) 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 7 SUPPLIER Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 1 152 Exhibit 2: Supplier's Bid Response City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 7 of 7 Attachment A- Scope of Work 1.1 General Requirements/Background Information The Supplier shall provide and deliver various materials for the City of Corpus Christi Utilities Department as outlined in this Scope of Work. These materials will be used for backfilling repairs made to street water lines, and for backfilling around water line repairs. 1.2 Scope of Work A. The Supplier shall supply the City of Corpus Christi with various types of cement stabilizing sand. B. The Contract Administrator shall initiate the call to order the quantities needed. The Supplier will deliver and unload the material(s) ordered within twenty-four (24) hours of order placement. MATERIAL REQUIREMENTS: 1. The materials to be delivered under this agreement are as follows: Item Weight Cement Stabilizing Sand 4,286 Yards Cushion Sand 4,800 Yards Sandy Loam 1,200 Yards 5/8 Rock 857 Yards Cement Sand 857 Yards RFB Template Revised 04.06.17 1.3 Delivery Requirements 1. Deliveries shall be made to the following location: Utilities Materials Yard, 5352 Civitan, Corpus Christi, Texas 78415. 2. The Supplier will deliver between 8:00 am and 5:00 pm, Monday through Friday, excluding holidays, unless specific arrangements have been made. 3. The Supplier will provide a shipping and delivery ticket listing a description of items and quantity delivered. 1.4 Contractor Quality Control and Superintendence The Supplier 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. RFB Template Revised 04.06.17 Attachment B - Bid Pricing/Schedule Date: Bidder: CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1152 Supplier for Cement Stabilizing Sand Ov-6 Signature:Authorized PAGE 1 OF 1 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 applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. 4. Bidders must not write over or revise the bid form. Bidders will be considered Non - Responsive if the bid form is modified. Item Description UNIT QTY Unit Price Total Price 1 Cement Stabilizing Sand Yards Yards 4,286 4,800 3..2, 75- /7r / /'/o 3“-cf, 2 Cushion Sand 3 Sandy Loam Yards 1,200 4 5/8 Rock Yards 857 5 Cement Sand Yards 857 33,30 20',5-38 1° Total _______ ***Item 4 correct price is $42,524.34 ** Total price is $297,828.94 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 Administer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2017 Insurance Requirements Utilities — Materials Yard at Civitan and Holly Delivery of Rock and Sand: Cement Stabilizing, Cement, Sandy Loam & Cushion 04/03/2017 sw Risk Management Attachment D - Warranty Requirements No warranty requirements for this supply agreement; Section 8. Warranty is null for this supply 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: 2017-245944 Date Filed: 08/07/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. aaron concrete contractors Aransas pass , 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. RFB. 1152 providing cement stabilized sand, cushion sand, 5/8 rock, sandy loam and cement sand. 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. 1,34,Y PVA SYLVIA M GONZALES NOTARY PUBLIC * �(� * STATE OF TEXAS j 4"' ID # 13065376-4 My Comm. Expires 05-09-2020 Signature of authorized agent of contracting business entity AFFIX Sworn NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said //�� '',, //,n, LL ( i-f:(- /V tiK.C.Ir , this the day of 20 ((, to certify which, witness my hand and seal-bf office. 1 J AVlGz 2G( M. C �711L�S / WJ if ab /l v Signature of officer adm Bring oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 29, 2017 Action Item for the City Council Meeting of September 12, 2017 DATE: August 29, 2017 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive Director of Utilities DanG@cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services, Purchasing Division Kim B2@cctexas.com (361) 826-3169 Sodium Hypochlorite Supply Agreement CAPTION: Motion authorizing City Manager, or designee, to execute a supply agreement with Brenntag Southwest, Inc., of Longview, Texas for the purchase of Sodium Hypochlorite ("chemical") in response to Request for Bid No. 1149 based on the lowest responsive, responsible bid for a total amount not to exceed $1,498,465.05, with an estimated expenditure of $124,872.09 in FY2016-2017 and funded by the Utilities Fund. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. PURPOSE: This item is to approve a supply agreement for Sodium Hypochlorite for Water and Wastewater Treatment Plants. BACKGROUND AND FINDINGS: The Wastewater Department uses Sodium Hypochlorite for disinfection of treated effluent at four Wastewater Treatment Plants. The Water Department will use this chemical at the Sand Dollar Pump Station to boost the disinfection properties of the potable drinking water. Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received two responsive, responsible bids, one incomplete bid and one no bid, and is recommending the award to the lowest responsive, responsible bidder, Brenntag Southwest, Inc. 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: Utilities Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $8,379,721.89 $1,373,592.96 $9,753,314.85 Encumbered / Expended Amount $7,975,811.47 $0.00 $7,975,811.47 This item $124,872.09 $1,373,592.96 $1,498,465.05 BALANCE $279, 038.33 $0.00 $279, 038.33 Fund(s): Wastewater and Water Comments: The initial contract term is for a total amount not to exceed $1,498,465.05, with an estimated expenditure of $124,872.09 to be funded in FY2016-17. The total estimated contract value will be $4,495,395.15 if all options years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: Cynthia Perez 1.1 Delivered to Broadway Treatment Plant 1.2 Delivered to Oso Treatment Plant 1.3 Delivered to Allison Treatment Plant 1.4 Delivered to Laguna Madre Treatment 1.5 Delivered to Sand Dollar Pump Station 1.6 Delivered to Staples Pump 1.7 Unloading Delays BID TABULATION RFB 1149 SODIUM HYPOCHLORITE *Supplier did not bid on all items. Brenntag Southwest Longview, Texas *Commercial Chemical Products Houston, Texas dpc Industries, Inc. Corpus Christi, Texas Univar USA, Inc. Kent, WA Qty Unit 676,888 GAL $0.5349 $362,067.39 No bid $0.5897 $399,160.85 1,500,000 GAL $0.5349 $ 802,350.00 No bid $0.5897 $884,550.00 175,248 GAL $0.5349 $ 93,740.16 No bid $0.5897 $103,343.75 150,000 GAL $0.5349 $ 80,235.00 No bid $0.5897 $88,455.00 57,600 GAL $2.05 $ 118,080.00 $ 1.24 $71,424.00 $ 2.14 $123,264.00 Site fill Totes 75,000 GAL $0.53 $ 40,117.50 No bid $ 0.69 $51,930.00 25 HR 75.00 1,875.00 No bid 75.00 $1,875.00 $1,498,465.05 $71,424.00 $1,652,578.60 No bid *Supplier did not bid on all items. SUPPLY AGREEMENT NO. 1149 Sodium Hypochlorite THIS Sodium Hypochlorite Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Brenntag Southwest, Inc. ("Supplier"), effective for all purposes upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Sodium Hypochlorite in response to Request for Bid No. 1149 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Sodium Hypochlorite in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. This Agreement includes an option to extend the term for up to 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 Supplier and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $1,498,465.05, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 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 City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 7 authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name:Joanna Moreno Department: Utilities Department Phone: (361) 826-1649 Email:joannam@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 2 of 7 D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 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. City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 3 of 7 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joanna Moreno Title: Contract Administrator Address: 2726 Holly Road, Corpus Christi, Texas 78415 Fax: (361) 826-1715 IF TO SUPPLIER: Brenntag Southwest, Inc. Attn: W. Thomas Crain, Jr. Title: President Address: 610 Fisher Road, Longview, Texas 75604 Fax: (972) 218-3501 17. SUPPLIER AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS 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 City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 4 of 7 CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. SUPPLIER M UST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 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, City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 5 of 7 but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Supplier's bid response (Exhibit 2) 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 6 of 7 SUPPLIER Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 1 149 Exhibit 2: Supplier's Bid Response City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 7 of 7 Attachment A - Scope of Work 1.1 General Requirements/Background Information A. The Supplier shall provide 10-15% Sodium Hypochlorite Solution (Aqueous) as outlined in this Scope of Work to be used at the City of Corpus Christi Water and Wastewater Treatment Plants. This chemical is used for disinfection of the water and wastewater and must conform to all the requirements of this specification. 1.2 Scope of work The Supplier shall provide with every delivery a chemical analysis for each chemical shipment, which shall include % sodium hypochlorite by weight, available chlorine by weight, % excess sodium hydroxide by weight, specific gravity of the solution, and general appearance as outlined in the product specifications. MATERIAL REQUIREMENTS: The Sodium Hypochlorite Solution (Aqueous) delivered under this agreement will meet the following specifications: Item Weight Sodium hypochlorite concentration 10 - 15% Sodium chloride concentration 5 - 13% Sodium hydroxide concentration < 0.5% Iron contamination, mg/L < 2 Copper contamination, mg/L < 1 pH 12.5 - 13.5 RFB Template Revised 04.06.17 1.3 Delivery and Weighing Requirements 1. The Supplier will be responsible for unloading the chemical. The Supplier shall provide any special equipment necessary for unloading, up to and including, hoses, connections, compressors, etc. 2. The Supplier must provide an affidavit of compliance to the City of Corpus Christi stating that at the time of delivery the chemical furnished under the release order complies with all applicable requirements of this specification. 3. City of Corpus Christi Plant Supervisors, or their designee, may take a sample of any chemical shipment for testing prior to unloading of the chemical. In addition, approximately every three (3) months during the supply agreement, the City will take a random sample of the chemical upon delivery. This sample will be sent to an independent laboratory chosen by the City, and tested for all items outlined in the product specifications. 4. The Plant Supervisor may reject any chemical shipments that contain a concentration of any component outside the allowable concentration range as specified in the product specifications. 5. Deliveries of Sodium Hypochlorite solution must be by drivers thoroughly trained and familiar with the related hazards, safety measures, and spill cleanup procedures for sodium hypochlorite solution. All spills and leakage, regardless of size must be properly and immediately cleaned up by Supplier's personnel. The Supplier shall be required to respond to any and all such emergencies within eight (8) hours of being notified. 6. The Contractor shall allow two (2) hours "unloading time" for each chemical shipment, starting from the time the load enters the plant site to the time the unloading of the chemical shipment is completed. Unloading of the chemical is complete when unloading apparatus is disconnected from storage facilities and secured, and a designated City of Corpus Christi representative has signed all delivery tickets for each respective load. Any unloading time in excess of two (2) hours which is directly attributable to the City will be paid for at the unit price bid for "Unloading Delays," rounded and prorated to the nearest quarter hour. This amount shall be included with the invoice for payment for that particular load of chemical. 7. Shipment(s) will be in approximately 4,000 gallons to maximum 16,000 gallon lots. Shipment deliveries to the Sand Dollar Pump Station will be in 1,100 gallon one-way totes of 10% Sodium Hypochlorite solution. Shipment deliveries to the Staples Pump station will be in bulk of 12.5% Sodium Hypochlorite solution. Each RFB Template Revised 04.06.17 chemical shipment must be weighed on a state certified truck scale located within the city limits of Corpus Christi before delivery to and after unloading at the wastewater treatment plants. 8. The Supplier shall be responsible for mailing a legible copy of each chemical shipment weight "ticket" to the respective City of Corpus Christi Water and Wastewater Plant Supervisor within 5 business days of delivery of the chemical. Payments to the Supplier will not be processed unless this requirement is met. 9. Deliveries shall be made between 8:00 a.m. and 5:00 p.m., Monday through Sunday, excluding holidays, unless specific arrangements are made otherwise. 10.Orders will be placed by telephone or email. The Supplier will deliver the amount of Sodium Hypochlorite solution ordered within twenty-four (24) hours of order placement. No minimum or maximum purchase of Sodium Hypochlorite is guaranteed by the City within the duration of the contract. 1.4 Deliveries will be made to the following locations: Broadway Treatment Plant - 1402 W. Broadway, Corpus Christi, Texas Oso Treatment Plant - 601 Nile, Corpus Christi, Texas Allison Treatment Plant - 4101 Allison Drive, Corpus Christi, Texas Laguna Madre Treatment Plant - 201 Jester, Corpus Christi, Texas Sand Dollar Pump Station* - 14201 Sand Dollar Avenue, Corpus Christi, Texas Staples Pump Station* - 5501 County Road 43, Corpus Christi, Texas *Reference Delivery Requirements Item #7 in Section 4.3, page 19. 1.5 Other Requirements 1. All materials supplied must comply with all requirements and standards of the Occupational Safety and Health Act (OSHA). All appropriate markings shall be in place before delivery. Items not meeting OSHA specifications will be refused. 2. The Supplier shall base its billing and quantity for each chemical shipment on "local" certified weight tickets for the delivery of Sodium Hypochlorite Solution, by weight in pounds, based on actual percentage of Available Chlorine by weight, as indicated in the chemical analysis for that load. RFB Template Revised 04.06.17 3. The Supplier must submit the chemical analysis, weight ticket, and bill of lading with each invoice. 4. Prior to initial use of the Sodium Hypochlorite solution, and annually thereafter, the Supplier shall conduct a minimum of two (2) training seminars for the City's operating personnel on the application and control of the Sodium Hypochlorite solution, and shall include the following: a. Basic chemical properties of the Sodium Hypochlorite solution b. Safety training c. Equipment operation/set up d. Safety Data Sheet 1.6 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 Supplier will also provide supervision of the work to insure it complies with the contract requirements. RFB Template Revised 04.06.17 Page 21 of 22 vsc ;= Ili Attachment B - Bid/Pricing Schedule CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1149 RFB Sodium Hypochlorite 4c. p09.0 1852 PAGE 1 OF 1 Date: August 2. 2017 Authorized Bidder: Brenntag Southwest, 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 applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. 4. Bidders must not write over or revise the bid form. Bidders will be considered Non - Responsive if the bid form is modified. Item Description UNIT QTY Unit Price Total Price 1 Broadway Plant GAL 676,888 $0.5349/GaI $362,067.39 2 Oso Plant GAL 1,500,000 $0.5349/GaI $802,350.00 3 Allison Plant GAL 175,248 $0.5349/Gal $93,740.16 4 Laguna Madre Plant GAL 150,000 $0.5349/Gal $80,235.00 5 Sand Dollar Pump Station (1,100 gallon one way totes) -10% solution GAL 57,600 $2.051Ga1 $118,080.00 6 Staples Pump Station (bulk) - 12.5% solution GAL 75,000 $0.53491Ga1 $40,117.50 7 Unloadin• Dela HR 25 $75.00/Hour $1,875.00 Total . � _ .� $1,498,465.05 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 the 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 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 POLLUTION LIABILITY (Including Cleanup and remediation) $1,000,000 Per Incident Limit $1,000,000 Aggregate 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. 2017 Insurance Requirements Utilities Supply and Deliver 10-15% Sodium Hypochlorite Solution (Aqueous) 06/28/2017 sw Risk Management Attachment D - Warranty Requirements No warranty requirements for this supply agreement; Section 8. Warranty is null for this supply agreement. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 S 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: 2017-221077 Date Filed: 06/08/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Brenntag Southwest, Inc. Longview, 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. 1149 Sodium Hypochlorite 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Brenntag North America, Inc. Reading, PA United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT AFFIX Sworn 20 I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. a,�;.riY /.. . KRISLATARY CADEPUBLICNHEAO NO . • • :«; ID/I 130800221 (A) t (1/ 9rf or ti Gomm. Exp. iki-20-2020 Signature of authorized agent f contracting business entity j�� i '� / ,,�� ,this the � day of NOTARY STAMP / SEAL ABOVE to and subscribed before me, bythe said f01? U. l� `7 % , to certify which, witness my hand and seal of office. i 2M2%/_i 'Ke tr i L t - �1tri. S Sig :ture o officer administering oath Printed name of officer administering oath Title of officer . 'ministering o. h o =orms Provided by TRYac Fthirc r nmmi .,. Version V1.0.883 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of September 12, 2017 Second Reading for the City Council Meeting of September 19, 2017 DATE: August 16, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BilIG@cctexas.com (361) 826-3276 Public Hearing and First Reading for Property at 325 North Staples Street CAPTION: Case No. 0717-04 J R Electric Company: A change of zoning from the "IL" Light Industrial District to "CI" Intensive Commercial District. The property is described as Bluff, Block B, Lot 6, located at the intersection of North Staples Street and Comanche Street on the southwest corner, south of Lipan Street, and north of Caldwell Street. PURPOSE: The purpose of this item is to rezone the property to allow for the enclosure of a 1,848 square foot building. RECOMMENDATION: Planning Commission and Staff Recommendation (August 9, 2017): Approval of the change of zoning from the "IL" Light Industrial District to the "CI" Intensive Commercial District. Vote Results: For: 4 Against: 1 Absent: 4 Abstained: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "IL" Light Industrial District to "CI" Intensive Commercial District to allow for the enclosure of a 1,848 square foot building. The proposed rezoning to the "CI" Intensive Commercial District is consistent with the adopted Future Land Use Map, PIanCC, and the Central Business Area Development Plan. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries the Central Business Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CI" Intensive Commercial District is consistent with the adopted Future Land Use Map, PIanCC, and the Central Business Area Development Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by J R Electric Company ("Owner"), by changing the UDC Zoning Map in reference to the property described as Bluff, Block B, Lot 6, from the "IL" Light Industrial District to "Cl" Intensive Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of J R Electric Company ("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, a public hearing was held on Wednesday, August 9, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "IL" Light Industrial District to "Cl" Intensive Commercial District, and on Tuesday, September 12, 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 J R Electric Company ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as Bluff, Block B, Lot 6, located at the intersection of North Staples Street and Comanche Street on the southwest corner, south of Lipan Street, and north of Caldwell Street (the "Property"), from the "IL" Light Industrial District to "Cl" Intensive Commercial District (Zoning Map No. 046044), 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. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0717-04 J R Electric Company\Council Documents\Ordinance_0717-04_J R Electric Company.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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0717-04 J R Electric Company\Council Documents\Ordinance_0717-04_J R Electric Company.docx Page 3 of 3 CI HOWARD ST SAM RANKIN ST SUBJECT PROPERTY RM -3 IL W Z 6ACDW EL ST N STAPLES ST L'IPAN ST CI CI CI CI COMANCHE ST CG -2 CI Date Created: 7/24/2017 �P-repared18y:JoannaS Department of Development, Services CASE: 0717-04 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 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 JI CHANNEL SUBJECT PROPERTY LEOPARD( 1�=tee ." 446 LOCATION MAP City of Corpus Christi Exhibit A Zoning Case #0717-04 J R Electric Company From: "IL" Light Industrial District To: "CI" Intensive Commercial District City Council Presentation September 12, 2017 Aerial Overview Subject Property at 325 North Staples Street —SUB ' "P.ROP�RTYe ; • 4 fid. OMANCHE N Zoning Pattern 7.4.= g011:, UDC Requirements -SUBtithaT" P.ROPE Buffer Yards: None Setbacks: Street: 0 feet Side: 0 feet Rear: 0 feet Parking: 1:250 Sf. Net floor area Uses Allowed: Retail, Offices, Apartments, Vehicle Sales, and Storage Staff Recommendation Approval of the "CI" Intensive Commercial District PLANNING COMMISSION FINAL REPORT Case No. 0717-04 INFOR No. 17ZN1025 Planning Commission Hearing Date: August 9, 2017 Applicant & Legal Description Owner: J R Electric Company Applicant: Luciano Leal Jr. Location Address: 325 North Staples Street Legal Description: Bluff, Block B, Lot 6, located at the intersection of North Staples Street and Comanche Street on the southwest corner, south of Lipan Street, and north of Caldwell Street. Zoning Request From: "IL" Light Industrial District To: "Cl" Intensive Commercial District Area: 0.17 acres Purpose of Request: To allow for the enclosure of a 1,848 square foot building. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "IL" Light Industrial Commercial Mixed Use North "IL" Light Industrial Public/Semi-Public Mixed Use South "IL" Light Industrial Commercial and Medium Density Residential Mixed Use East "IL" Light Industrial and "CI" Intensive Commercial Professional Office and Commercial Mixed Use West "IL" Light Industrial and "RM -3 Multifamily Public/Semi-Public Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Central Business Area Development Plan and is planned for mixed uses. The proposed rezoning to the "Cl" Intensive Commercial District is consistent with the adopted Future Land Use Map which calls for mixed uses. Map No.: 046044 Zoning Violations: An investigation by Code Enforcement was started on the property concerning the encroaching building constructed around 2012. No formal citation has been issued. Transportation Transportation and Circulation: The subject property has approximately 50 feet of street frontage along North Staples Street, and approximately 145 feet along Comanche Street. Staples Street is designated as an "Al" Minor Arterial Undivided Street and Comanche Street is a "01" Minor Residential Collector Street. Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume North Staples95' Street Al Minor Arterial ROW 64' paved 71' ROW 55' paved N/A Comanche60' Street C1 Minor Collector ROW 40' paved 58' ROW 40' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "IL" Light Industrial District to the "Cl" Intensive Commercial District to allow for the enclosure of a 1,848 square foot building. Development Plan: The subject property is 0.17 acres in size. The applicant proposes to enclose an existing carport. The structure is on the property line and the "IL" Light Industrial District does not permit zero lot line standards. Existing Land Uses & Zoning: The subject property is currently zoned "IL" Light Industrial and consists of an electrical service business which is a retail/service oriented use. All adjacent properties and those across streets are all zoned "IL" Light Industrial District. The Central Catholic Elementary School is to the north of the property. To the west is a vacant lot and to the east across North Staples Street is a restaurant use. South of the subject property is a medium density residential use. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Central Business Area Development Plan (ADP). The proposed rezoning to the "Cl" Intensive Commercial is consistent with the Future Land Use Map and consistent with the following policies of the Central Business ADP and PIanCC: • 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 (Future Land Use, Zoning, and Urban Design Policy Statement 1). • With exception to the industrial use areas permitted and depicted on the Central Business Future Land Use map, new industrial uses and outside storage uses shall be discouraged within the Plan Boundary, and existing industrial zoning or land use changes to another or expanded industrial use shall be discouraged. (Policy LU 1.4). Staff Report Page 3 Department Comments: • The proposed rezoning is compatible with the Future Land Use Map, PIanCC and the Central Business Area Development Plan (ADP). The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • Mr. Leal would like to enclose an existing non -conforming carport for security purposes as he has had many burglaries. The "Cl" Intensive Commercial District would allow zero lot line setbacks and facilitate the improvement of his building. • The rezoning to the "Cl" Intensive Commercial District is an opportunity to start the redevelopment of the area away from industrial uses and implement the land use policies of PIanCC and the Central Business ADP. Planning Commission and Staff Recommendation (August 9, 2017): Approval of the change of zoning from the "IL" Light Industrial District to the "Cl" Intensive Commercial District. Vote Results: For: 4 Opposed: 1 Absent: 4 Abstained: 0 Public Notification Number of Notices Mailed — 17 within 200 -foot notification area 3 outside notification area As of August 4, 2017: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0717-04 J R Electric Company\PC Documents\Staff Report_0717-04_J R Electric Company.docx CI SAM RANKIN ST SUIBJECT 1 PROPERTY 1 RM -3 17 N STAPLES ST 10 !??/// 5 9 4 1 ,1,,i.1.____ 8 , 3 IL 0 L'IPAN ST 7 16 12 2 6 CI CI CI CI COMANCHE ST 13 15 1- 0 HOWARD ST CA DW ELIC CI Date Created: 7/24/2017 �P-repared18y:JoannaS Department of Development, Services CASE: 0717-04 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 CHANNEL S BJECT � PROPERTY LEOPARD AGNES MORGAN N f I Subject Property O Owners with 200' buffer in favor O -44O 4 Owners within 200' listed on V Owners attached ownership table IV in opposition LOCATION MAP't AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of September 12, 2017 Second Reading for the City Council Meeting of September 19, 2017 DATE: August 30, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BilIG@cctexas.com (361) 826-3268 Ordinance adopting the 2017 National Electrical Code CAPTION: Ordinance amending Corpus Christi Code of Ordinance, Chapter 14, Sections 14-201 &14-241 to adopt the National Electrical Code, 2017 Edition, with local amendments, amending sections 14-1306,14-1316, 14-1311, & 14-1313 to remove electrician licensing, registration, and special fee and clarifying building permit fees; providing for penalties, severance, effective date and publication. PURPOSE: The purpose of this item is to align with the Texas Department of Licensing and Regulation implementation of the 2017 National Electrical Code, effective September 1, 2017 and to comply with HB 3329 which prohibits municipalities from collecting registration or electrical permit fees from state licensed electricians. BACKGROUND AND FINDINGS: The Texas Electrical Safety and Licensing Act requires the Texas Department of Licensing and Regulation (TDLR) to adopt the revised National Electrical Code (NEC) as the electrical code for the state of Texas. In 2017, TDLR will be adopting the 2017 NEC as the electrical code for the state of Texas and establish it as the "minimum standard" for all electrical work in Texas covered by the Act. The proposed effective date will be September 1, 2017. HB 3329 amends Section 1305.201 of the TX Occupations Code by prohibiting cities from collecting fees from electricians for local registration. Electricians are required to be licensed by the State and the purpose of this bill is to eliminate duplicative registration and licensing fees. Cities may still require a local registration, but may not require a fee. The General Counsel for the Texas Municipal League has issued a statement that clarifies that this bill does not prohibit fees for building permits for electrical work. The department has conducted outreach and educational training for City registered electricians at Del Mar College on August 23rd, 2017. The adoption of the 2017 National Electrical Code and proposed local amendments were provided to the City Electrical Advisory Board on July 13th, 2017. Electrical registration and permit fees will be waived beginning September 1st, 2017 until such time as this ordinance takes effect. ALTERNATIVES: Denial or alteration of the proposed amendments. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO POLICY: The proposed amendments conform to City policy. EMERGENCY /NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating • •Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $25,000 $0.00 Encumbered / Expended Amount This item BALANCE $25,000 $0.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the adoption. LIST OF SUPPORTING DOCUMENTS: Agenda Memo Ordinance Ordinance amending Corpus Christi Code of Ordinance, Chapter 14, Sections 14-201 &14-241 to adopt the National Electrical Code, 2017 Edition, with local amendments, amending sections 14- 1306,14-1316, 14-1311, & 14-1313 to remove electrician licensing, registration, and special fee and clarifying building permit fees; providing for penalties, severance, effective date and publication. WHEREAS, in furtherance of the public health, necessity, convenience, safety and the general welfare of the inhabitants of the City of Corpus Christi ("City"), the City Council desires to update its ordinances to include the latest version of the National Electrical Code ("Code of Ordinances"); WHEREAS, effective September 1, 2017, Texas Occupation Code §1305.201 prohibits municipalities from collecting a permit fee, registration fee, administrative fee, or any other fee from an electrician who holds a license issued by the state for work performed in the city; and WHEREAS, copies of said Codes of Ordinances are available in the office of the City Secretary for review and inspection by the public. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Corpus Christi Code of Ordinances, Sec. 14-201, subsection 1.2 is amended by adding the following language that is underlined (added) and deleting the language that is stricken (dcictcd) as delineated below Sec. 14-201. - Purpose. 1.2 The City of Corpus Christi has adopted, with local amendments, the International Code Council (ICC), 2015 editions of the International Building Code, Existing Building Code, Energy Conservation Code, Fuel Gas Code, Mechanical Code, Plumbing Code, and Residential Code for One and Two Family Dwellings and the National Fire Prevention Association (NFPA) National Electrical Code, 2011 2017 edition, as the City's Electrical Code, copies of which, authenticated by the signatures of the mayor and city secretary, are made public record by sections 14-231 (Building Code), 14-232 (Existing Building Code), 14-241 (Electrical Code), 14-251 (Energy Conservation Code), 14-261 (Fuel Gas Code), 14271 (Mechanical Code), 14-281 (Plumbing Code), and 14-291 (Residential Code). SECTION 2. Corpus Christi Code of Ordinances, Sec. 14-241 is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below Sec. 14-241. - Electrical code. Page 1 of 8 With the following deletions and revisions, the National Electrical Code, 201/1 2017 Edition (including Annex H, Administration and Enforcement), as published by the National Fire Protection Association, 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 electrical code for the City of Corpus Christi. (13) (18) ************************************************************** Article 90 of the National Electrical Code is amended by adding a new section 90.10 to read as follows: 90.10 Individual mctcring rcquircd. A building or buildings containing morc than fivc (5) dwclling units must providc for individual mctcring or sub mctcring of ach dwelling unit. ************************************************************** Section 210.52(B)(1) of the National Electrical Code is revised to read as follows: (1) Receptacle Outlets Served. In the kitchen, pantry, breakfast room, dining room, laundry/utility room, or similar area of a dwelling unit, the two (2) or more 20 -ampere small -appliance branch circuits required by Section 210.11(C)(1) shall serve all receptacle outlets covered by Sections 210.52(A) and (C) and rcccptacic outicts for rcfrigcration cquipmcnt. ************************************************************** Section 230.70 of the National Electrical Code is amended by adding new subsections 230.70(D) and 230.70(E) to read as follows: (E Exception For Certain Lighting Fixtures Installed on Poles. A service disconnect means is not required on a pole with a lighting fixture, if: (1 The pole is in a location accessible to the public, such as in parking lots, parks, etc., and a disconnecting means is installed in the circuit powering the fixture at a secure location, or with a lockable disconnect which is permanently identified at the location of the disconnect or (2) The fixture and all wiring providing power to the fixture are under the exclusive control of an electric distribution utility. Page 2 of 8 (19) (24) Section 250.52(A)(5) of the National Electrical Code is revised to read as follows: (F) Rod and Pipe Electrodes. Rod and pipe electrodes shall not be less than 2.5 m (8 ft.) in length and shall consist of thc following matcrials: shall consist of 2 rods constructed of the following material: ************************************************************** Article 408 of the National Electrical Code is amended by adding new sections 408.23 and 408.24, to read as follows: 408.23 Spare Raceways. For each panel a spare one -inch raceway must be installed from the panel to an accessible location. Exception No. 1: A spare raceway is not required if there is no access in the attic or from floor above or below the panel. Exception No. 2: A spare raceway is not required if the walls and ceiling adjacent to panel are not covered. 408.24 Sparc Circuits. Onc (1) spa-rc be installcd for cvcry fivc (5) circuits in all new buildings. ************************************************************** SECTION 3. Corpus Christi Code of Ordinances, Sec. 14-1306 is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below Sec. 14-1306. - Special fees. (a) Re out inspection. A rc out inspcction fcc is rcquircd for thc purposcs of occupancy fcc has bccn paid. (2) If thc rc out inspcction is performcd concurrcntly with thc cicctrical permit inspection fee will not be charged. Page 3 of 8 SECTION 4. Corpus Christi Code of Ordinances, Sec. 14-1310 is amended by adding the following language that is underlined (added) and deleting the language that is stricken (dcictcd) as delineated below Sec. 14 1310. Fees for examinatie-ns and licenses. (c) The Iiccnsc fcc must bc paid annually. Liccnscs arc valid for only in thc calcndar ycar in which thc fcc is paid. A Iiccnsc is not valid unlcss and until thc Iiccnsc fcc has bccn paid for thc calcndar ycar. (d) Duplicatc liccnscs may bc issucd to rcplacc a -lest or dcstroycd liccnsc, if thc Iiccnsc holdcr prcscnts providcd satisfactory cvidcncc that thc Iiccnsc was loss or dcstroyed, and the licensee pays the fee for the duplicate license. SECTION 5. Corpus Christi Code of Ordinances, Sec. 14-1311 is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below Sec. 14-1311. - Contractor registration fees. A cicctrical, mechanical contractor and a lawn irrigator or backflow prevention assembly tester must pay an annual registration fee to maintain a current status as a registered contractor. Individual who holds multiple registrations must pay separate fee for each registration. SECTION 6. Corpus Christi Code of Ordinances, Sec. 14-1313 is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below Sec. 14-1313. - Technical construction codes fee schedules. The following fee schedules apply to activities under article II of this chapter: ************************************************************** BUILDING PERMIT FEES ($80.00 Min. Permit Fee) AMOUNT OF FEE RESIDENTIAL 0.52% of Valuation COMMERCIAL Page 4of8 $0 to $5 Million 70% of Valuation $5.001 to $10 Million .65% of Valuation $10.001 to $20 Million .60% of Valuation $20.001 to $50 Million .58% of Valuation Construction site offices $80.00 Signs Sign $108.00 Electrical Building permit for electrical signs, per transformer $6.75 Min Fee $80.00 Residential Construction Building Permits New one- and two-family dwellings, apalUuents, townhouses, condominiums, accessory buildings, remodel, and repair 0.52% of Valuation Residential - Other Swimming pool 80.00 Roofing and siding $.045 sq.ft. 2nd driveway 580,00 Re inspection to in home has in the $80.00 out establish electrical service a where no service cxistcd 90 days previous ************************************************************** Page 5 of 8 BUILDING ELECTRICAL PERMIT FEES (ELECTRICAL ONLY) AMOUNT OF FEE Classification Electrical Building Permit Fees ONLY) Stand Alone Permits NOT Associated with a (ELECTRICAL are for Building Permit for new construction Based on Valuation None Residential 0.52% of Valuation Commercial $135.00 $0 to $5 Million .70% of Valuation $5.001 to $10 Million .65% of Valuation $10.001 to $20 Million .60% of Valuation $20.001 Million to $50 Million .58% of Valuation Replacement license $25.00 electrician elevator Minimum fee $80.00 ************************************************************** LICENSE FEES Classification Examination Fee License Fee House mover None $133.00 Master $75.00 $135.00 cicctrician Master $75.00 electrician sign Master $75.00 electrician elevator Journeyman $75.00 cicctrician Page 6 of 8 Maintenance electrician $30.00 Limited journeyman electrician $30.00 Apprentice $25.00 rtificd electrical maintenance person $30.00 ************************************************************** SECTION 7. This ordinance takes effect after official publication. SECTION 8. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 9. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 10. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Page 7 of 8 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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 8 of 8 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 22, 2017 Action Item for the City Council Meeting of August 29, 2017 DATE: August 29, 2017 TO: Mayor and City Council FROM: Rebecca L. Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Amendment to Council Policies CAPTION: Resolution amending City Council Policy Section 14, allowing the City Council to appoint a person to serve as a director of both a Type A and Type B corporation, concurrently. PURPOSE: To allow the City council to appoint a person to serve as a director of both a Type A and Type B corporation, concurrently. BACKGROUND AND FINDINGS: During the City Council meeting of August 8, 2017, City Council unanimously approved a Motion of Direction directing the City Secretary to present to the City Council, on August 22, 2017, an item regarding establishing the composition of the Corpus Christi B Corporation. At the August 22, 2017 City Council meeting, the City Council approved a Motion of Direction directing the City Secretary to proceed with the recruitment of two (2) of the seven members of the Type B Corporation's board of directors from the general public, with the five (5) remaining directors' seats to be filled by the five members of the Corpus Christi Business and Job Development Corporation's (Type A Corporation) board of directors. To do so, City Council Policy Number 14, addressing Boards, Commissions, and Committee Procedures, must be amended. In the attached Resolution, the first paragraph of Policy Number 14, has been modified to add language allowing the City Council to appoint a person to serve as a director of both a Type A and Type B corporation, concurrently. Additionally, the word, "corporation" has been added to the first sentence of the paragraph to provide for consistency of terms throughout the paragraph. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Expiration of directors' tenures must be addressed in the Type B Corporation's Certificate of Formation to ensure concurrence of tenure expiration for directors of both the Type A and Type B corporations (see attached DRAFT — Certificate of Formation). CONFORMITY TO CITY POLICY: Conforms with City Council policies, as amended in the attached Resolution. EMERGENCY/NON-EMERGENCY Non -Emergency DEPARTMENTAL CLEARANCES: City Manager's Office Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Q Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $0 $0 $0 Encumbered / Expended Amount $0 $0 $0 This item $0 $0 $0 BALANCE $0 $0 $0 Fund(s): N/A Comments: None. RECOMMENDATION: At City Council's discretion. LIST OF SUPPORTING DOCUMENTS: Amended Resolution Draft Certificate of Formation Draft Bylaws Resolution Amending City Council Policies Service on More Than One Board, Commission, Committee or Corporation Be it resolved by the City Council for the City of Corpus Christi, Texas: Section 1. That Section 14 of the City Council policies regarding service on more than one board, commission, committee or corporation is revised to read as follows, with the new language indicated by underlined text: "14. - Boards, commissions, and committee procedures. All individuals considered for appointment by the City Council to a Board, Commission, ef-Committee, or Corporation must have an application on file in the Office of the City Secretary not later than 5:00 p.m. on the seventh calendar day before the date appointments are considered by City Council. Applications filed with the Office of the City Secretary after this deadline shall not be considered by City Council on the date appointments are considered, that date being seven days after the aforementioned application deadline, but will be retained for future consideration. All vacancies must be listed on a City Council agenda in order for appointments to be made. Any Council Member can nominate persons to fill vacancies, except where the law requires nomination by the Mayor or City Manager. Each appointment must receive a majority vote of the Council Members present and voting. No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time unless: _required by Charter, statute, or other ordinance;; said committee is one ad hoc committee;; Of when such service is required by virtue of the individual's position or title as the result of employment; ef-when such appointment involves the Mayor or Council Members; or when such appointment involves a Type A or Type B corporation, in which case a person may serve as a director of both a Type A and Type B corporation, concurrently. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas day of , 2017 The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn CERTIFICATE OF FORMATION OF CORPUS CHRISTI B CORPORATION THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI § WE, THE UNDERSIGNED natural persons not less than three in number each of whom is at least 18 years of age and each of whom is a qualified elector of the City of Corpus Christi. Texas (the "City"), which is a duly established city under the Texas Constitution, acting as incorporators of a public instrumentality and nonprofit development corporation (the "Corporation") under the Development Corporation Act of 1979, as amended, do hereby adopt the following Certificate of Formation. ARTICLE I: NAME The name of the Corporation is the Corpus Christi B Corporation. ARTICLE II: AUTHORIZATION The Corporation is a nonprofit corporation under the Texas Non -Profit Corporation Act (the "Non -Profit Act"), Chapter 22 of the Texas Business Organizations Code, and a Type B corporation under the Development Corporation Act of 1979, Chapters 501-505 of the Texas Local Government Code (the "Act"), and shall be governed by Chapter 505 and other applicable provisions of said Act, as now existing or as may be amended. ARTICLE III: DURATION The period of duration of the Corporation shall be until December 31, 2038. ARTICLE IV: PURPOSE AND LIMITATIONS The Corporation is organized exclusively for the purposes of benefiting and accomplishing the public purposes of and acting on behalf of the City to undertake, maintain, and finance projects authorized through Proposition 1 on the election ballot for November 8, 2016. Said Proposition 1 is described in Section 7 of the City's Ordinance No 030930 (August 16, 2016) and was approved by the voters of Corpus Christi on November 8, 2016. As authorized by the voters of the City, the Corporation may expend monies as follows: (a) 50% of the annual funds may be expended on the promotion and development of new and expanded business enterprises to the full extent allowed by Texas law; (b) up to $500,000 annually may be expended on affordable housing; and (c) the remainder of the annual funds may be expended for construction, maintenance, and repair of arterial and collector streets and roads. With respect to said projects, the Corporation shall have all the powers of a corporation under Chapter 505 and other applicable provisions of the Act. All actions of the Corporation shall be taken in accordance with the provisions of the Act, with the advice and consent of the Corpus Christi City Council (the "City Council"). ARTICLE V: NO MEMBERS, NONSTOCK CORPORATION The Corporation has no members and is a nonstock corporation. ARTICLE VI: SALES TAX Upon receipt from the City of the proceeds of the sales and use tax imposed under Chapter 505 of the Act, the Corporation may use the proceeds as permitted hereby and by the Act as now existing or as may be amended. Act. ARTICLE VII: AMENDMENT This Certificate of Formation may be amended in accordance with the requirements of the ARTICLE VIII: REGISTERED ADDRESS/AGENT The address of the initial registered office of the Corporation is Corpus Christi B Corporation, City of Corpus Christi, P.O. Box 9277, Corpus Christi Texas 78469-9277. The name of its registered agent at such address is Rebecca Huerta, City Secretary, City of Corpus Christi. ARTICLE IX: BOARD OF DIRECTORS (a) The affairs of the Corporation shall be managed by a board of directors composed of seven persons appointed by the City Council. The term of four of the initial members of the board of directors shall expire July 31, 2018 and the term of the remaining three members shall expire July 31, 2019. Thereafter the term of the directors shall be two years expiring on July 31 of each year. Directors may be appointed to succeed themselves. No Director may serve longer than six years consecutively unless such service is required to complete an unexpired term. (b) Directors may also serve as Directors for the Corpus Christi Business and Job Development Corporation (the "CCBJDC"). If a Director serves on both the Corporation's board and the CCBJDC's board, the expiration of the Director's term on the Corporation's board shall coincide with the expiration of the his/her term on the board of the CCBJDC. (c) The names and street addresses of the persons who are to serve as the initial directors and the dates of expiration of their initial terms as directors are as follows: NAMES ADDRESSES Each director is and must be a qualified elector of the City and a resident of the City. Each director including the initial directors shall be eligible for reappointment. Each director shall serve until a successor is appointed. Directors are removable by the City Council at any time without cause. (d) The directors shall serve without compensation but they may be reimbursed for their actual expenses incurred in the performance of their duties as directors. Any vacancy occurring on the board of directors shall be filled by appointment by the City Council of a person who shall hold office until the expiration of the term. (e) The board of directors shall elect a president, vice-president, secretary, and any other officers that the City Council considers necessary to serve as executive officers of the Corporation as more specifically provided in the Corporation's Bylaws. The term of each officer's office shall expire on July 31 of each year. The City Manager, or designee, shall serve as executive director of the Corporation and the City Secretary shall serve as assistant secretary to provide administrative support services for the corporation. (t) The board shall conduct all meetings within the boundaries of the City. Meetings of the board of directors are subject to the Texas Open Meetings Act and the Texas Public Information Act. (g) Pursuant to Texas Local Government Code §505.052(c), three of the directors must be persons who are not employees, officers, or members of the governing body of the City. ARTICLE X: INCORPORATORS The name and street address of each incorporator are NAME Margie C. Rose Samuel Keith Selman Mark Van Vleck ADDRESS City of Corpus Christi, City Hall 1201 Leopard, Corpus Christi, Texas 78401 City of Corpus Christi, City Hall 1201 Leopard, Corpus Christi, Texas 78401 City of Corpus Christi, City Hall 1201 Leopard, Corpus Christi, Texas 78401 ARTICLE XI: CITY COUNCIL APPROVAL The City has specifically authorized the Corporation by Resolution No. to act on its behalf to further the public purposes stated in said Resolution and in this Certificate of Formation and the City has by said Resolution on approved this Certificate of Formation. ARTICLE XII: DIVIDENDS, PROHIBITED ACTIVITIES No dividends shall ever be paid by the Corporation and no part of its net earnings (beyond that necessary for retirement of the indebtedness of the Corporation or to implement its public purposes) shall be distributed to or inure to the benefit of its directors or officers or any private person, firm, corporation, or association, except in reasonable amounts for services rendered. Regardless of any other provisions of this Certificate of Formation, or the laws of the State of Texas, the Corporation shall not (1) permit any part of the net earnings of the Corporation to inure to the benefit of any private individual (except that reasonable compensation may be paid for personal services rendered to or for the Corporation affecting one or more of its purposes), (2) carry on propaganda or otherwise attempt to influence legislation, (3) participate in or intervene in (including the publication or distribution of statements) any political campaign on behalf of any candidate for public office, or (4) attempt to influence the outcome of any specific public election or to carry on directly or indirectly any voter registration drives. ARTICLE XIII: REMEDY UPON DETERMINATION OF FOUNDATION STATUS If the Corporation is ever determined to be a private foundation within the meaning of Section 509(a) of the Internal Revenue Code of 1986 as amended (the Code) the Corporation 1) shall distribute its income for each taxable year at such time and in such manner as not to become subject to the tax on undistributed income imposed by Section 4942 of the Code; 2) shall not engage in any act of self-dealing as defined in Section 4941(d) of the Code; 3) shall not retain any excess business holdings as defined in Section 4943(c) of the Code; 4) shall not make any investments in such manner as to subject it to tax under Section 4944 of the Code; and 5) shall not make any taxable expenditures as defined in Section 4945(d) of the Code. ARTICLE XIV: TERMINATION Upon termination of the Corporation, the title to all funds and property owned by the Corporation shall be transferred to the City of Corpus Christi. Margie C. Rose Samuel Keith Selman Mark Van Vleck STATE OF TEXAS COUNTY OF NUECES I, the undersigned, a Notary Public, do hereby certify that on this day of personally appeared Margie C. Rose, Samuel Keith Selman, and Mark Van Vleck, who, each being by me first duly sworn, severally declared that they are the persons who signed the forgoing documents as incorporators, and that the statements therein contained are true. IN WITNESS WHEREOF, I have hereunto set my hand and seal of office the day and year above written. Notary Public, State of Texas BYLAWS OF CORPUS CHRISTI B CORPORATION ARTICLE I: PURPOSE AND POWERS Section 1.1 Purpose. The Corpus Christi B Corporation (the "Corporation") is a Type B corporation established for the purposes set forth in its Certificate of Formation, acting on behalf of the City of Corpus Christi, Texas (the "City") as its duly constituted authority and instrumentality in accordance with the Development Corporation Act of 1979, Chapters 501-505 of the Texas Local Government Code, as amended (the "Act"), the Texas Non -Profit Corporation Act, Chapter 22 of the Texas Business Organizations Code, as amended (the "Non -Profit Act"), and other applicable laws. Section 1.2 Powers. In the fulfillment of its corporate purposes, the Corporation shall be governed by Chapter 505 and other applicable provisions of the Act, and shall have all the powers set forth and conferred in its Certificate of Formation, in the Act, in the Non -Profit Act, and in other applicable law, subject to the limitations prescribed therein and herein and to the provisions thereof and hereof. ARTICLE II: BOARD OF DIRECTORS Section 2.1 Number and Term of Office (a) The affairs of the Corporation shall be managed and controlled by a Board of Directors (the "Board") under the guidance and direction of the Corpus Christi City Council (the "City Council") and, subject to the restrictions imposed by the law, by the Certificate of Formation, and by these Bylaws, the Board shall exercise all of the powers of the Corporation. Any projects undertaken using the funds of the Corporation will require the approval of City Council, in accordance with the Act. (b) The Board shall be composed of seven persons appointed by the City Council of the City as laid out in the Corporation's Certificate of Formation. (c) Any vacancy occurring on the board of directors shall be filled by appointment by the City Council of a person who shall hold office until the expiration of the term. Section 2.2 Meetings of Directors. The directors may hold their meetings at such place or places in the City as the Board may from time to time determine; provided, however, in the absence of any such determination by the Board, the meetings shall be held at an available room at City Hall. Section 2.3 Quorum. A majority of the entire membership of the Board shall constitute a quorum to conduct official business of the Corporation. J:\CITY SECRETARY\CITY COUNCIL CORPORATIONS\CORPUS CHRISTI B CORPORATION\LEGISTAR 8-22-17 COMPOSITION OF TYPE B BOARD\DRAFT BYLAWS - TYPE B.DOC Section 2.4 Conduct of Business. (a) The president shall be a voting member of the Board. (b) At all meetings of the Board, the president shall preside. In the absence of the president, the vice-president shall preside. (c) The secretary of the Corporation shall act as secretary of all meetings of the Board, but in the absence of the secretary, the presiding officer may appoint any person to act as secretary of the meeting. The City Secretary shall serve as assistant secretary, to provide administrative support services and official record keeping for the Corporation. Section 2.6 Compensation of Directors. Directors shall serve without compensation, but they may be reimbursed for their actual expenses incurred in the performance of their official duties as directors. ARTICLE III: OFFICERS Section 3.1 Titles and Terms of Office. The officers of the Corporation shall include a president, a vice-president, a secretary, and such other officers as the City Council may from time to time authorize. A majority of the directors shall elect the officers and fill any vacant offices. Terms of officers shall expire on September 30 of each year. Officers may be re-elected. Section 3.2 Powers and Duties of the President. The president shall be the presiding officer of the Corporation, and after approval by the Board, shall execute all contracts and other instruments in the name of the Corporation. Section 3.3 Vice -President. The vice-president shall exercise the powers of the president during that officer's absence or inability to act. Section 3.4 Secretary. The secretary or assistant secretary shall keep the minutes of all meetings of the Board and books provided for that purpose, shall give and serve all notices, may sign with the president in the name of the Corporation, and/or attest to the signature of the president, shall have charge of the corporate books, records, documents and instruments, except the books of account and financial records and securities, and such other books and papers as the Board may direct, and shall in general perform all duties incident to the office of secretary subject to the control of the Board. All records of the Corporation are subject to the Texas Public Information Act. Section 3.5 City Manager's Office. The City Manager of the City, or designee, will serve as the Executive Director of the Corporation, provide administrative support services for the Corporation in accordance with section 5.6, and perform duties as prescribed by the Board and City Council. Section 3.6 Compensation. Officers, other than City staff, shall not receive any salary or compensation for those services, except that they may be reimbursed for the actual expenses incurred in the performance of those services. The Corporation shall reimburse the City for the time of all City staff officers in accordance with section 5.6. ARTICLE IV: FUNCTIONAL CORPORATE DUTIES AND REQUIREMENTS Section 4.1 Contracts. No contract or other transaction between the Corporation and any other corporation, person, or entity shall be executed unless the majority of the Board, who are present and approve such contract, are persons with no interest in such other person or entity. Board members are subject to the City's Code of Ethics, Chapter 2, Article V, of the City's Code of Ordinances. Section 4.2 Annual Corporate Budget. Prior to the commencement of each fiscal year of the Corporation, the Board shall adopt a proposed budget of expected revenues and proposed expenditures for the next ensuing fiscal year. The budget shall not be effective until the same has been approved by the City Council. Section 4.3 Books, Records, Audits. (a) The Corporation shall keep and properly maintain, in accordance with generally accepted accounting principles, complete books, records, accounts, and financial statements pertaining to its corporate funds, activities, and affairs. (b) The books, records, accounts, and financial statements of the Corporation shall be maintained for the Corporation by the accountants and other staff of the City. (c) The Corporation's books, records, accounts, and financial statements shall be audited at least once each fiscal year by an outside, independent auditing and accounting firm selected by the City Council. Such audit shall be at the expense of the Corporation. Section 4.4 Deposit and Investment of Corporation Funds. (a) All proceeds from loans or from the issuance of bonds, notes, or other debt instruments ("Obligations") issued by the Corporation shall be deposited and invested as provided in the resolution, order, indenture, or other documents authorizing or relating to their execution or issuance. (b) Subject to the requirements of contracts, loan agreements, indentures, or other agreements securing Obligations, all other monies of the corporation, if any, shall be deposited, secured, and/or invested in the manner provided for the deposit, security, and/or investment of the public funds of the City. The accounts, reconciliation, and investment of such funds and accounts shall be performed by the Finance Department of the City. Section 4.5 Expenditure of Corporate Money. The sales and use taxes collected pursuant to the Act and any proceeds deriving therefrom, including proceeds from the investment of funds of the Corporation and proceeds derived from the sale of Obligations, may be expended by the Corporation for its authorized purposes consistent with the Act. Section 4.6 Issuance of Obligations. No Obligations, including refunding Obligations, shall be authorized or sold and delivered by the Corporation unless the City Council approves such Obligations by action taken prior to the date of sale of the obligations. ARTICLE V: MISCELLANEOUS PROVISIONS Section 5.1 Principal Office. (a) The principal office and the registered office of the Corporation shall be the registered office of the Corporation specified in the Certificate of Formation. (b) The Corporation shall have and shall continuously designate a registered agent at its office, as required by the Act. Section 5.2 Fiscal Year. The fiscal year of the Corporation shall be the same as the fiscal year of the City. Section 5.3 Seal. The seal of the Corporation shall be determined by the Board. Section 5.4 Resignations. Any director or officer may resign at any time. Such resignation shall be made in writing and delivered to the City Secretary, and shall take effect upon appointment of a successor. Section 5.5 Approval or Advice and Consent of the City Council. To the extent that these bylaws or the Certificate of Formation refer to any approval by the City or refer to advice and consent by the City Council, such advice and consent shall be evidenced by a certified copy of a resolution, ordinance or motion duly adopted by the City Council. Section 5.6 Services of City Staff and Officers. The Corporation shall pay for all services provided to the Corporation by City staff. Subject to the authority of the City Manager under the Charter of the City, the Corporation shall utilize the services of the staff and employees of the City. All requests for staff time or inquiries of staff will be requested through the executive director of the Corporation. The Corporation shall pay reasonable compensation to the City for such services, and the performance of such services shall not materially interfere with the other duties of such personnel of the City. Reasonable compensation for services provided by City staff, including City staff serving as an officer for the Corporation, is the amount determined by the allocation study conducted annually for the City. Section 5.7 Indemnification of Directors, Officers and Employees. (a) As provided in the Act, the Corporation is, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code), a governmental unit and its actions are governmental functions. (b) The Corporation shall indemnify each and every member of the Board, its Officers, and its employees and each member of the City Council and each employee of the City, to the fullest extent permitted by law, against any and all liability or expense, including attorneys' fees, incurred by any of such persons by reason of any actions or omissions that may arise out of the functions and activities of the Corporation. ARTICLE VI: EFFECTIVE DATE, AMENDMENTS Section 6.1 Effective Date. These bylaws shall become effective upon the occurrence of the following events: (1) the approval of these bylaws by the City Council; and (2) the adoption of the bylaws by the Board. Section 6.2 Amendments to Bylaws. These bylaws may be amended only in accordance with the requirements of the Act. AGENDA MEMORANDUM Action Item for the City Council Meeting of September 12, 2017 DATE: August 31, 2017 TO: Margie C. Rose, City Manager THRU: Sylvia Carrillo -Trevino, Assistant City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP©cctexas.com (361) 826-3227 Ordinance Adopting the Fiscal Year 2018 Property Tax Rate CAPTION: Ordinance setting a property tax rate of $0.606264 per $100 valuation which is effectively a 3.11 % increase over the effective tax rate; and declaring an emergency. PURPOSE: Chapter 26.05 of the Tax Code states that a governing body of a taxing unit shall adopt a property tax rate before the later of September 30 or the 60th day after the date the certified appraisal roll is received by the taxing unit. This agenda item is in compliance with the Tax Code and will set the tax rate at $0.606264 per $100 valuation, which was the rate used to determine the ad valorem tax rate revenue included in the fiscal year 2017-2018 operating budget. This rate is the same rate in effect for fiscal year 2016- 2017. BACKGROUND AND FINDINGS: If a proposed property tax rate exceeds the effective tax rate, the Tax Code requires that the governing body must vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item. This vote must be recorded. If the motion passes, then the governing body must schedule two public hearings on the proposal. This vote was taken on July 25, 2017. Subsequently, two public hearings were held — one on August 22, 2017, and the second on August 29, 2017. This agenda item is required to set the property tax rate for fiscal year 2017-2018. Since the property tax rate of $0.606264 per $100 valuation exceeds the effective tax rate of $0.587958 per $100 valuation, specific wording is required in the ordinance to adopt the tax rate. It should be noted that two different percentage "increases" are noted in the ordinance. The first amount listed in the caption represents the percentage change between the total proposed tax rate ($0.606264) and the total effective tax rate ($0.587958). The second amount listed in the body of the ordinance represents the percentage change in the maintenance and operations portion of the proposed tax rate ($0.376806) to the maintenance and operations portion of the effective tax rate ($0.359940). This is in compliance with the specific wording outlined in the Tax Code. In addition, Chapter 26.05(b) of the Tax Code specifies that for a taxing unit other than a school district, the vote on the ordinance setting a tax rate that exceeds the effective tax rate must be a record vote and at least 60 percent of the members of the governing body must vote in favor of the ordinance. The motion to adopt the ordinance setting a tax rate that exceeds the effective tax rate must be made in the following form (customized with the City of Corpus Christi's property tax information): "1 move that that the property tax rate be increased by the adoption of a tax rate of $0.606264 per $100 valuation, which is effectively a 3.11% increase in the tax rate." Therefore, at the September 12, 2017 City Council meeting, prior to the vote on the tax rate being taken, a City Council member will need to make the motion noted above using the exact wording. Once the motion is seconded, then at least 6 members of the City Council and Mayor will need to vote in favor of the motion for the motion to pass. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: Staff is requesting an emergency reading due to the fact that Section 26.06(e) of the Tax Code specifies that the meeting to vote on the tax "increase" may not be earlier than the third day or later than the 14th day after the date of the second public hearing. Since the second public hearing was held on August 29th, the 14th day after that date is September 12th- the date of the vote on the property tax rate. DEPARTMENTAL CLEARANCES: • City Attorney's Office FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - $ 113,193,005 $ 113,193,005 Encumbered/Expended amount of (date) - - - This item - $ 113,193,005 $ 113,193,005 BALANCE - - $ - $ - FUND(S): General Fund $70,351,865 Debt Service Fund $42,841,140 COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: • Ordinance Ordinance setting a property tax rate of $0.606264 per $100 valuation which is effectively a 3.11% increase over the effective tax rate; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council of the City of Corpus Christi does hereby levy and adopt the ad valorem tax rate on $100 valuation for this city for tax year 2017 as follows: $0.376806 for the purpose of maintenance and operation 0.229458 for payment of principal and interest on debt $0.606264 Total Tax Rate THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 4.69 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $16.87. SECTION 2. There is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas, for the tax year 2017 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $0.376806 on each one hundred dollar value on all property, real, personal, and mixed, located within the City of Corpus Christi upon which a tax is authorized to be levied by law and upon all franchises of all individuals, partners, and corporations holding franchises in the City for defrayment of current expenses of the government including, but not limited to, street improvements of the City of Corpus Christi. Said tax shall be assessed upon 100 percent of the market value of property subject thereto. SECTION 3. There is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas, for the tax year 2017 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $0.229458 on each one hundred dollar value on all property, real, personal, and mixed, and franchises described in Section 2 of this ordinance and assessed upon 100 percent of the market value of property subject thereto, said taxes to be appropriated for the purpose of creating a sinking fund to pay the interest and principal maturities on all outstanding City of Corpus Christi bonds not otherwise provided for and including the interest, agent fees, and maturities of the following City of Corpus Christi bonds: Page 1 of 4 ANNUAL DEBT SERVICE DUE FY 2017-2018 Page 2 of 4 Principal Interest & Fees Total 2008 Certificates of Obligation $285,000 $5,700 $290,700 2009 General Obligation $3,915,000 $78,300 $3,993,300 2009 Certificates of Obligation $365,000 $28,125 $393,125 2010 General Obligation $600,000 $380,163 $980,163 2010 Certificates of Obligation $130,000 $89,626 $219,626 2010 Combination Tax & Surplus Airport Certificates of Obligation $235,000 $241,400 $476,400 2012 General Obligation $1,990,000 $1,710,544 $3,700,544 2012 Combination Tax & Surplus Airport Certificates of Obligation (AMT) $190,000 $205,600 $395,600 2012 Public Property Contractual Obligation $610,000 $91,574 $701,574 2012A General Improvement (Airport) AMT $810,000 $129,519 $939,519 2012B General Improvement (Airport) Non -AMT $50,000 $312,481 $362,481 2012C General Obligation $3,005,000 $3,677,850 $6,682,850 2012D General Obligation $8,720,000 $2,324,168 $11,044,168 2013 General Obligation $3,180,000 $3,436,800 $6,616,800 2014 Public Property Contractual Obligation $695,000 $162,077 $857,077 2014 Tax Notes $1,140,000 $63,756 $1,203,756 Page 2 of 4 In addition to the ad valorem tax levy for debt service totaling $41,438,542, the balance of this debt, if any, incurred by the City of Corpus Christi shall be funded from sources other than ad valorem taxes. SECTION 4. All taxes for the tax year 2017 hereby levied shall be due on receipt of the tax bill and shall be delinquent if not paid before February 1, 2018, except as otherwise provided in the Texas Property Tax Code; and penalty and interest shall be due on any delinquent taxes as provided by Chapter 33 of the Property Tax Code. No discount shall be allowed for early payment of taxes. The Texas Constitution, Property Tax Code, and other applicable laws shall govern all matters related to the taxes levied herein, and the City shall have all authority thereunder. SECTION 5. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Page 3 of 4 Principal Interest & Fees Total 2015 General Obligation $3,200,000 $3,743,850 $6,943,850 2015 Certificates of Obligation $80,000 $62,863 $142,863 2015 Certificates of Obligation (Taxable) $390,000 $322,599 712,599 2015 General Improvement Refunding Bonds (2007A and 2009) $0 $2,977,900 $2,977,900 2016A Tax and Limited Pledge Certificates of Obligation $600,000 $583,450 $1,183,450 2016 General Improvement Refunding Bonds $1,620,000 $572,700 $2,192,700 2016A General Improvement Refunding Bonds $599,918 $138,303 $738,221 Total required for FY 2018 debt service $32,409.918 $21,339.348 $53,749,266 Less: Amount paid from unencumbered fund balance ($6,915,400) Less: Transfers for self- supporting debt ($5,395,324) Total to be paid from taxes in FY 2018 $41,438.542 In addition to the ad valorem tax levy for debt service totaling $41,438,542, the balance of this debt, if any, incurred by the City of Corpus Christi shall be funded from sources other than ad valorem taxes. SECTION 4. All taxes for the tax year 2017 hereby levied shall be due on receipt of the tax bill and shall be delinquent if not paid before February 1, 2018, except as otherwise provided in the Texas Property Tax Code; and penalty and interest shall be due on any delinquent taxes as provided by Chapter 33 of the Property Tax Code. No discount shall be allowed for early payment of taxes. The Texas Constitution, Property Tax Code, and other applicable laws shall govern all matters related to the taxes levied herein, and the City shall have all authority thereunder. SECTION 5. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Page 3 of 4 SECTION 6. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this 12th day of September, 2017. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor day of , 2017 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe McComb Mayor The above ordinance was passed by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel Page 4 of 4 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 22, 2017 Action Item for the City Council Meeting of August 29, 2017 DATE: August 8, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Executive Director of Water Utilities dang@cctexas.com (361) 826-1718 Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Construction Contract O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 FY 2018 (Capital Improvement Program) CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with American Process Group, Inc., of Tacoma, Washington in the amount of $3,750,000 for the O.N. Stevens Water Treatment Plant (ONSWTP) Intermediate Sludge Removal Phase 1 FY 2018 for Base Bid Part A plus Additive Alternate No. 1. (Capital Improvement Program) (CIP) PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract. BACKGROUND AND FINDINGS: Sludge is a result of the water treatment process to remove suspended solids from the raw water. ONSWTP introduces a thickening agent, alum, to accelerate the precipitation and removal of the suspended solids. This result in "alum sludge" that accumulates in the lagoons (5, 6 and 7) until appropriate dredging and final disposition of the alum sludge. FY 2018 Proposed CIP Description: O.N. Stevens Water Treatment Plant Interim Sludge Management Improvements "This project provides an interim solution to address an accumulation of water plant residuals (solids) in Lagoon 7 and the North and South Lagoons. The implementation of this project will remove solids from the North/South Lagoons by dredging and will dispose of the solids either at the Cefe Valenzuela landfill or by land application." This item is the second construction contract under the ONSWTP Interim Sludge Management Improvements CIP to develop the most cost effective short and long-term strategies to address sludge accumulation. The previous construction contract was awarded by City Council on December 20, 2016 to dredge the lagoons to reduce the critical levels of sludge accumulation. At the award of the previous dredging contract, City Council directed staff to develop alternative strategies that includes the "Land Application" process that includes dredging, hauling and spreading the sludge on a Texas Commission on Environmental Quality (TCEQ) approved property. This project was specifically developed with the two options; A) Reuse at Cefe Landfill for Alternate Daily Cover and B) Land Application on private property approved by TCEQ. The previous contract included dewatering the sludge and hauling it to the Cefe Landfill. The sludge residuals were planned for reuse by mixing the sludge residuals with mulch that can be used for alternative daily cover (ADC) reducing the need for clean fill dirt for the landfill. TCEQ granted a Temporary Allowance to the City's Landfill Permit to allow this application pending further evaluation and testing. The Temporary Allowance is for an initial six-month duration with a second six-month duration for final evaluation and approval of a permit modification. With the previous construction contract it was determined that truck hauling impacts begins impacting operations at ONSWTP with 40 trucks per day. Additionally, the Cefe Landfill cannot receive and process over 25 trucks per day without additional equipment and crews to mix and stage the sludge residual/mulch ADC. This project was developed to allow both options; Part A with reuse as ADC, and Part B with Land Application. The bid documents include alternatives identify and capture indirect cost and benefits in addition to the direct construction cost with options to the truck volumes. This strategy allows more equivalent comparison of both alternatives and the determination of long-term sludge management strategies. Table 2 below presents the indirect cost evaluation factors. Project Scope: This project includes dredging the ONSWTP lagoons, dewatering the sludge (as applicable), hauling and disposal of approximately 18,000 dry tons (DT) of water treatment plant residuals (sludge) from existing on-site storage lagoons. The quantities included in the bid documents were the minimum levels required to ensure continued plant operations while the long-term sludge management solution is implemented. The two base bid options with additive alternatives are as follows: Base Bid Option A — Includes dredging, dewatering and hauling the sludge to Cefe Valenzuela Landfill, to be mixed with mulch and used as alternative daily cover. Additive Alternative No.1 (Option A only) — Requires earth moving equipment and crew to receive and mix the sludge residuals at the Cefe Landfill to allow increasing the truck loads from 25 trucks to 40 trucks per day. Base Bid Option B — Includes dredging, limited dewatering, and hauling of the material to a land application site certified with TCEQ, by the Bidder. Additive Alternative No.1 (Option B only) — Energy Consumption to dewater sludge before hauling to approved Land Application property. On August 2, 2017, the City received proposals from six bidders (6) bidders with one bid rejected as non-responsive. Bids are as follows: Table 1. Bid Tab Calculations CONTRACTOR American Process Group, Inc. Tacoma, WA Denali Water Solutions, LLC RussAellllville' Environmental Solutions (US) Ltd Tonawanda, NY DRT Biosolids Bloomer, WI Synagro of Texas — CDR Inc. Baltimore, MD BASE BID - OPTION A 2,864,779.12 No Bid 2,805,878.33 2,946,183.60 4,115,337.03 ADD. ALT NO. 1 (OPTION A ONLY) (184,389.00) No Bid No Bid No Bid 16,205.00 TOTAL BASE BID OPTION A (+) ADD. ALT No. 1 ** 2,640,640.12 No Bid 2,805,878.33 2,946,183.60 4,132,322.03 BASE BID - OPTION B No Bid 2,753,326.61 No Bid No Bid No Bid ADD. ALT NO. 1 (OPTION B ONLY) No Bid 35,820.00 No Bid No Bid No Bid TOTAL BASE BID OPTION B ** No Bid 2,753,326.61 No Bid No Bid No Bid Engineer's Opinion of Probable Cost 3,750,000 ** The table reflects the construction cost with the indirect cost factors for both Base Bid Options. Actual award was planned at $3,750,000 to achieve maximum benefit of the proposed unit cost and benefits. TABLE 2. INDIRECT COST EVALUATION FACTORS (Evaluation is based on removal of 18,000 dry tons and bids submitted by the two lowest bidders) CEFE LANDFILL REUSE (Option A) LAND APPLICATION (Option B) Extended construction durations resulting in extended City construction oversight/inspection. The land application process without dewatering requires over 5 times the truck loads and therefore additional time to achieve an equivalent "dry ton" removal and processing. 150 days $265/day 160 days $265/day $39,750 $42,400 Water loss of occurs during the dredging of the lagoons. The initial dredging captures approximately 90 million gallons of water/sludge. Based on the two low bidders; the Cefe Landfill ADC process requires 13,516,000 gal 40,687,000 gal dewatering resulting in a water loss of approximately 14 million gallons, the land application water loss is approximately 41 million gallons. The apparent low bidder for the Land Application elected not to use a similar dewatering process. $1.07/1,000 qal $1.07/1,000 gal $14,462 $43,535 Energy consumption cost is estimated at $35,820 billed directly to the City for dewatering the sludge at ONSWTP. $35,820 $0 Cost Benefit for reuse of the sludge residuals that are mixed with mulch 144,692 CY and applied as ADC reduces need for clean fill and future land purchase $0.50 per CY $0 for borrow pits at the Cefe Landfill. ($72,346) Street Impact factor to consider increased truck volume and distances for hauling routes. Over 5 times as many trucks are required for the land 110,000 miles 216,000 miles application without dewatering. Based on the apparent low bidders, one $0.09/mi $0.09/mi for Cefe Landfill ADC reuse that is a 38 -mile roundtrip and the land application that was only 10 miles. A rate of $0.09 per vehicle mile was used based on state wide toll averages. $9,900 $19,440 The bid package was advertised to award in the amount of $3,750,000 to maximize the cost effectiveness and efficiencies and benefits for the City. The bid evaluation process considered both the direct cost and indirect cost factors. The City's Engineer, LNV, Inc., and staff evaluated the bids and required qualifications submitted by the bidders and determined only 5 of 6 bidders were responsive in accordance with the bid documents and responsible bidders based on experience, past performance, and qualifications. Based on the bid evaluation pricing factors the lowest bid was from American Process Group, Inc. and was determined to be in the best interest of the City. ALTERNATIVES: 1. Authorize execution of construction contract. (Recommended) 2. Do not authorize execution of construction contract. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Water Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget (CIP) 4,163,853 463,182 5,000,000 9,627,035 Encumbered / Expended Amount 4,163,853 4,163,853 This Item 325,000 3,425,000 3,750,000 Future Anticipated Expenditures This Project 138,182 923,558 1,061,740 BALANCE 0 0 651,442 651,442 Fund(s): Water CIP #8 Comments: This project duration is based on contractor stated durations as required by the bid documents. The schedule for removal of the 18,000 dry tons is calendar day for substantial completion of the Part A and 160 days for Part B, as proposed by the respective two apparent lowest contractor bid. The construction contract will result in the expenditure of an amount not to exceed $3,750,000. Additional dry tons and durations will be administratively authorized by the City Manager or designee within the authorized funds. RECOMMENDATION: City staff and LNV Engineering, recommend the construction contract be awarded to American Process Group, Inc. from Tacoma, WA, in the amount of $3,750,000 for the Base Bid Option A plus Additive Alternative No. 1 for the O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 FY 2018. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 Letter of Recommendation PROJECT BUDGET ESTIMATE O.N. STEVENS WATER TREATMENT PLANT INTERMEDIATE SLUDGE REMOVAL PHASE 1 FY 2018 FUNDS AVAILABLE: Water CIP (Current) 4,627,035 Water CIP (Proposed Future) 5,000,000 TOTAL FUNDS AVAILALBE $ 9,627,035 FUNDS REQUIRED: Construction 8,250,000 *Construction Year 1 (American Process Group, Inc.) 3,750,000 Change Order No. 1 26,456 Contingency Remaining from 10% 348,544 Construction (American Process Group, Inc.) THIS CONTRACT 3,750,000 Contingency (10%) 375,000 Construction Observation' 165,000 Construction Observation Estimate 165,000 Desic7n• 213,647 **Original (LNV, Inc.) 95,467 ***Amendment No. 1 (LNV, Inc.) 91,480 Amendment No. 2 (LNV, Inc.) 26,700 Reimbursements' 346,946 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) (1.5%) 144,406 Engineering Services (Project Mgmt/Constr Mgmt) (2%) 192,541 Misc 10,000 TOTAL $8,975,593 ESTIMATED PROJECT BUDGET BALANCE $651,442 *Construction Contract approved by City Council on December 20, 2016 by Motion No. M2016-168 **Contract approved by City Council on May 24, 2016 by Motion No. M2016-052 ***Contract approved by City Council on December 20, 2016 by Motion No. M2016-168 PROJECT LOCATION SCALE: N.T.S. NUECES BAY CORPUS CHRISTI CORPUS CHRISTI INTERNATIONAL AIRPORT 665 43 X LOCATION MAP/ NOT TO SCALE 2444 - Project Number: E17050. O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 - FY 18 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Carpus Chr sti Engineering O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 Council Presentation August 22, 2017 Project Location Corpus Chr'sti Engineering O.N. STEVENS WATER TREATMENT PLANT INTERMEDIATE SLUDGE REMOVAL PHASE I FY 2018 N SCALE: N.TS. NUECES BAY 2 Project Vicinity Corpus Chr sti Engineering 3 Project Scope Corpus Chr sti Engineering The project bid with two base options; Option A and Option B. Both options dredge solids from the ONSWTP lagoon 5, 6 and 7 then haul the sludge residuals to an offsite location as follows: Option A — Involves dewatering the sludge and hauling the sludge residuals to Cefe Landfill to be mixed with mulch for reuse as Alternate Daily Cover. Option B— Involves hauling the sludge with or without dewatering for disposal by land application at a site chosen and certified, with TCEQ, by the Bidder. The project was advertised to be awarded within the available funds of $3.75 million to maximize the cost efficiencies and maximum benefit for continued operations at ONSWTP. Beneficial Use of Water Treatment Residuals Corpus Chr sti Engineering April 2017 May 2017 11i1ILESTO TCEQ received request for a Temporary Authorization (TA) to create Alternate Daily Cover (ADC) by mixing Water Treatment Residuals (WTR) and Mulch. TCEQ granted the Temporary Authorization. June 2017 Sector 3C started receiving and stockpiling all of the WTR, nothing goes anymore to the working face. Aug 2017 Finalizing construction and reporting requirements to start the production of Alternate Daily Cover. • Daily Cover: o Daily Cover requirements: 139 CY o Annual Daily Cover Requirements: 36,140 CY (for 260 days only) o Annual Estimated Production of ADC: 155,268 CY • Other benefits- "Top Soil" (fist 12" of native soil): o One goal is to use on-site native soils as "Top Soil" on key projects: Intermediate Cover for 4 sectors (approximately 20 acres) requiring approximately 16, 133 CY of "Top Soil". o The 2017 estimated cost for trucking "Top Soil" to Cefe is $20/CY. Bid Evaluation Factors Corpus Chr sti Engineering 1. Actual Bid Construction Cost 2. Indirect costs and benefits Extended construction duration based on contractor proposed project duration Water loss Energy consumption Landfill cost benefit to reduce requirement for clean fill in lieu of reuse of sludge residual/mulch as Alternate Daily Cover Street impacts with truck hauling Indirect Cost Comparison Option A (reuse as ADC) $2,640,640.12 $39,750 $14,462 $35,820 ($72,346) $9,900 $27,586 Option B Land Application $2,753,326.61 $42,400 $3,535 No Bid N/A $19,440 $65,375 Project Schedule Carpus Chr sti Engineering 2017 2018 Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Bid & Award Construction Project Construction Estimate: 365 Days = 1 Year Schedule reflects City Council construction award in August 2017 with completion by September 2018 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-245434 Date Filed: 08/04/2017 Date Acknowledged: 1 Name of business entity fling form, and the city, state and country of the business entity's place of business. American Process Group Inc. Tacoma, WA United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Project No. E17070 O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 — FY 18 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check if there is NO Interested Party. only - X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said , this the day of 20 , to certify which, witness my hand and seal of office. JUSTIN DANZO Student -at -Law A Commissioner for Oaths and Notary Public in and for the Province of Alberta. Signature ofbfficer adrfil'nistering oath Printed name of offiNif ii°�'Flr Rl fiat Her Majesty*i{��if$ icer administering oath Forms orov d d by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 LNV Solutions Today with a engineers architects surveyors Vision for Tomorrow August 11, 2017 J.H. Edmonds, P.E. Director of Capital Programs City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 Re: O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 — FY 18 Project No. E17050 Construction Contract Award Recommendation Dear Mr. Edmonds: On Wednesday, August 2, 2017, six (6) bids were received and opened for the above referenced project. The low bidder has successfully submitted documents pertaining to Section 00 45 16 Statement of Experience. The bid result summary is presented in Table 1. Table 1: Bid Summary Bidder Best Value Total Bid per Dry Ton American Process Group, Inc. $ 146.70 Denali Water Solutions LLC $ 152.96 Enviromental Solutions (US) Ltd $ 155.86 DRT Biosol ids $ 163.68 Synagro of Texas - CDR, Inc. $ 228.63 Kayden Industries $ 293.64 Denotes Rejected Bid due to irregularity or non -responsiveness. Denotes corrected bid price due to mathematical error Of the six bid proposals received by the City, only one bid was rejected due to bid irregularities as denoted above. LNV has reviewed the bid proposals and information required in Section 00 45 16 Statement of Experience submitted by each bidder and has determined that the low bidder meets the specified requirements. LNV recommends that the project be awarded to American Process Group, Inc. for the Base Bid plus Additive Alternate No. 1 in the amount of $3,750,000.00 for the O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 — FY 18 project. 7500 RIALTO BLVD. 1 BUILDING 1, SUITE 240 1 AUSTIN, TEXAS 78735 OFFICE 512.381.8333 1 WWW.LNVINC.COM 1 TBPE FIRM NO. F-366 Rev2013 Also enclosed are the project bid tabulation and American Process Groups bid proposal for this project. If you have any questions or need additional information, please contact me at (361) 883 1984. Sincerely, LNV, Inc. TBPE No. F-366 Q Ian M. Clements, P.E. Project Engineer Enclosures: 1. Bid Tabulation 2. American Process Groups Bid Proposal and Statement of Experience cc: Jerry Shoemaker, P.E. Dan S. Leyendecker, P.E. Melanie Gavlik, P.E. Sylvia Arriaga Logan Burton, P.E. 7500 RIALTO BLVD. 1 BUILDING 1, SUITE 240 1 AUSTIN, TEXAS 78735 OFFICE 512.381.8333 1 WWW.LNVINC.COM TBPE FIRM NO. F-366 Rev2013 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 15, 2017 Second Reading Ordinance for the City Council Meeting of September 12, 2017 DATE: August 4, 2017 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive Director of Water Utilities DanG@cctexas.com, 361-826-1718 Ordinance Adjusting Water and Wastewater Utility Rates CAPTION: Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water and wastewater rates; providing for publication and effective date of January 1, 2018. PURPOSE: To amend the Code of Ordinances for the revision of Water and Wastewater utility rates. BACKGROUND AND FINDINGS: The Proposed FY 2018-2019 Budget includes estimates of revenues generated from increased fees and rates and new fee/rates necessary to fund specific projects and/or cover existing operating costs. ALTERNATIVES: Council may choose not to amend the Code of Ordinances. OTHER CONSIDERATIONS: These rates will remain in place for calendar years 2018 and 2019. CONFORMITY TO CITY POLICY: This item conforms to City Policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Water, Wastewater FINANCIAL IMPACT: ❑ Operating I] 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 $ 16,161,268 $ 16,161,268 BALANCE $ 16,161,268 $ 16,161,268 Fund(s): Fund 4010 Water, Fund 4200 Wastewater Comments: Rate changes and/or consumption changes will generate estimated additional revenue of $3,825,272 for Water and $12,335,996 for Wastewater over the next two fiscal years. RECOMMENDATION: Approval of Ordinance as submitted. LIST OF SUPPORTING DOCUMENTS: Revised Ordinance Ordinance Presentation Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water and wastewater rates; providing for publication and effective date of January 1, 2018 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 55-50 of the Code of Ordinances regarding water rates is revised with new rates as shown in underlined text below to be effective on January 1, 2018. Sec. 55-50. - Schedule. (a) Base rates for water service. The rates for water service are as follows: (1) Monthly minimum charges. a. Metered treated water customers. 1. Inside city limits ("ICL"): Meter Size (Inches) Effective January 1, 2016 January 1, 2018 Residential 5/8 —3/4 Commercial 5/8 —3/4 Residential and Commercial 1 11/2 2 12.1'1 18.21 19.05 30.35 60.70 63.40 Page 1 3 97.12 101.40 4 19'1.2'1 202.80 6 303.50 316.90 8 and larger 607.00 633.75 Large Volume Any size 22,78'1.00 23,797 Temporary construction 1 11/2 2 18.21 19.05 30.35 31.70 60.70 63.40 2. Outside city limits ("OCL"): Meter Size (Inches) RI Effective January 1, 2016 January 1, 2018 Residential 5/8 —3/4 Commercial 5/8 —3/4 Residential and Commercial $ 1'1.57 1'1.57 1 21.85 Page 2 36.42 38.05 2 72.8'1 76.05 3 116.5'1 121.70 4 233.09 243.40 6 36'1.20 380.25 8 and larger 728.'10760.50 Large Volume Any size Temporary construction 38,015.00 39,706.00 1 21.85 22.85 11/2 36.'1238.05 2 72.8'1 76.05 b. Untreated water customers. Effective January 1, 20162018 Minimum monthly service charge, water districts/municipalities with raw water supply contracts executed after January 1, 1997 $'117.99 432.20 Minimum monthly service charge for public agency for resale untreated water without a raw water supply contract executed after January 1, 1997 1 Minimum monthly service charge, industrial 25'1.57 263.23 '136.88 451.73 Page 3 Minimum monthly service charge, domestic Minimum annual service charge, domestic Minimum monthly service charge, agricultural irrigation water service Minimum monthly service charge, temporary construction water service 14.5515.04 1'15.62150.57 218.29 225.71 291.05 300.95 Minimum monthly service charge, temporary large volume industrial untreated water customers obtaining water, which is under contract to the city, from a reservoir under the exclusive control of a river authority 1,679.6'1 1.736.75 Minimum monthly charge for public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997: If the charge based on the volume of water taken in a monthly billing period is less than $254.57263.23, the customer shall be billed $254.57 263.23, unless a valid water supply contract between the customer and city that was executed prior to January 1, 1997, provides for a minimum annual payment. If a valid water supply contract between the customer and city executed prior to August 1, 2000, provides for a minimum annual payment, the customer shall pay the minimum annual payment under the contract. c. Blended water customers. Effective January 1, 2016 January 1, 2018 Ji JIL Any size $36,280.00 37,513.52 (2) Monthly volume charges per 1,000 gallons. a. Residential rate. 1. Inside city limits: Effective January 1, 2016 January 1, 2018 First 2,000 Gallons Next 4,000 Gallons Minimum* $67 Page 4 Next 9,000 Gallons Over 15,000 Gallons *Use the minimum charges in subsection (a)(1). 2. Outside city limits: 6.980 7.30 7.59 7.95 j1111.4Effective January 1, 2016 January 1, 2018 First 2,000 Gallons Next 4,000 Gallons Next 9,000 Gallons Over 15,000 Gallons *Use the minimum charges in subsection (a)(1). b. Commercial rate. 1. Inside city limits: Minimum* $2.31 2.92 3.65 3.85 1 Effective January 1, 2016 January 1, 2018 First 2,000 Gallons Minimum* Over 2,000 Gallons *Use the minimum charges in subsection (a)(1). 2. Outside city limits: $6.781 7_0` Page 5 Effective January 1, 2016 January 1, 2018 First 2,000 Gallons Minimum* Over 2,000 Gallons $3.012 3.30 *Use the minimum charges in subsection (a)(1). c. Golf course and athletic field irrigation water inside city limits. Effective January 1, 2016 January 1, 2018 First 2,000 Gallons Over 2,000 Gallons *Use the minimum charges in subsection (a)(1) for ICL customer. d. Residential irrigation water on separate meter. 1. Inside city limits: Minimum* $3.092 Meter Size (Inches) Effective January 1, 2016 January 1, 2018 First 2,000 Gallons Over 2,000 Gallons 2. Outside city limits Minimum* $7.59 7.95 Meter Size (Inches) Effective January 1, 2016 January 1, 2018 Page 6 First 2,000 Gallons Over 2,000 Gallons e. Resale treated water rates. Minimum* $3.65 3.85 1. Treated water rates purchased for resale where the water is taken and metered at the site of treatment are hereby set as follows: Ma. Effective January 1, 2017 January 1, 2018 First 2,000 Gallons Over 2,000 Gallons *Use the minimum charges in subsection (a)(1). Minimum* $1.331 1.404 2. Treated water rates purchased for resale where the water is delivered to the resale entity through city facilities are hereby set as follows: Effective January 1, 2017 January 1, 2018 First 2,000 Gallons Minimum* Over 2,000 Gallons $1.930 2.075 *Use the minimum charges in subsection (a)(1). f. Large volume treated water customers. A commercial treated water customer who agrees to pay for a minimum of ten million (10,000,000) gallons of treated water per month is considered a large volume treated water customer. Once a customer has elected to become a large volume treated water customer, the customer will be billed as a large volume treated water customer until the customer notifies the city and requests reclassification as a commercial customer in writing. However, a commercial customer may not elect to become a large volume treated water customer more than once in any twelve-month period. 1. Inside city limits: Page 7 First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons *Use the minimum charges in subsection (a)(1). 2. Outside city limits: $5.686 5.80 Effective January 1, 2016 January 1, 2018 First 10,000,000 Gallons Each Additional 1,000 Gallons *Use the minimum charges in subsection (a)(1). g. Minimum* $1.998 Large volume blended water customers. A commercial blended water customer who agrees to purchase a minimum of ten million (10,000,000) gallons of blended water per month is considered a large volume blended water customer. 1. Inside city limits: Effective January 1, 2016 January 1, 2018 First 10,000,000 Gallons Each Additional 1,000 Gallons *Use the minimum charges in subsection (a)(1). 2. Outside city limits: Minimum* $3.628 Page 8 First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons *Use the minimum charges in subsection (a)(1). 3. Peaking factor. [To be determined.] h. Temporary water service. 1. Treated water. h A. Inside city limits: $0.127 0.1314 Effective January 1, 2016 January 1, 2018 First 2,000 Gallons Over 2,000 Gallons *Use the minimum charges in subsection (a)(1). B. Outside city limits: Minimum* $6.781 7.05 Effective January 1, 2016 January 1, 2018 First 2,000 Gallons Over 2,000 Gallons *Use the minimum charges in subsection (a)(1). 2. Untreated water. A. Inside city limits: Minimum* $3.012 Page 9 Effective January 1, 20162018 First 2,000 Gallons Minimum* Over 2,000 Gallons 2 x RWCA *Use the minimum charges in subsection (a)(1). B. Outside city limits: Effective January 1, 20162018 First 2,000 Gallons Over 2,000 Gallons *Use the minimum charges in subsection (a)(1). i. Agricultural irrigation water outside city limits. Minimum* 2 x RWCA Effective January 1, First 2,000 Gallons Minimum* Over 2,000 Gallons *Use the minimum charges in subsection (a)(1). J. 2 x RWCA Public agency for resale untreated water rates. The rates for the purchase of untreated water purchased by a public agency, which does not have a raw water supply contract with the city executed after January 1, 1997, is the average of the monthly raw water cost adjustments, established under subsection (b) of this section, for the period used to determine the composite cost of untreated water under the city's current contract with the public agency. Page 10 k. Temporary large volume industrial untreated water customers obtaining water, which is under contract to the city, from a reservoir under the exclusive control of a river authority. Effective January 1, 2016 2018 First acre foot or fraction thereof Minimum* Over acre foot $1,206.98 1,248.02 per acre foot or fraction thereof *Use the minimum charges in subsection (a)(1). (b) Raw water cost adjustment (RWCA). In addition to the charges for the base rates for water service, established in subsection (a), a separate charge for the costs of raw water, the RWCA, will be added to each consumer's bill, except public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997. (A public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997, will pay the lower of the composite cost, as defined in its contract with the city or the rate for public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997, specified in subsection (a)(2)g. of this section.) The RWCA will be based on projected system -wide raw water sales, adjusted for water losses. The RWCA will be calculated every odd -numbered year no later than October 1 to be effective the following January of even -numbered years using the adopted utility rate model. Two (2) subsequent years' RWCA will be calculated according to the following procedures, and then an average rate determined which will yield raw water required revenues over a two-year period: (1) Use projected system -wide water sales based on historical consumption and projected growth, with adjustments for water losses. (2) Include the annual budgeted cost of debt service. Bond payments, amortization of deferred losses on refundings, and other debt service costs shall be applied to the RWCA in the same proportion as the raw water activities proportion of the original bond proceeds. (3) Include budgeted expenditures for purchases of water. (4) Include purchases of water rights, amortized over the duration of the water right agreement. (5) Budgeted expenditures for capital items shall be included as follows: a. The expense of acquiring a capital item that costs not more than five hundred thousand dollars ($500,000.00) shall be charged in the year in which it is acquired. b. The expense of acquiring a capital item that costs more than five hundred thousand dollars ($500,000.00) shall be amortized over the number of years used to calculate depreciation expenses, with the half-year convention used in the year of acquisition. (6) All operating and maintenance expenditures shall be charged based on annual budgeted amounts. These expenditures include operation and maintenance of dams, reservoirs, pipelines, wells, pumping stations, and related interfund charges. All expenses for consultants, engineering, legal services, and administration shall be charged based on annual budgeted amounts in the proportion to which they apply to raw water issues. (8) Expenses related to the acquisition and transportation of emergency water supplies shall be included in the RWCA for the following fiscal year, unless foreseen and budgeted in advance, in which case they are included in the year budgeted. (7) Page 11 (9) Miscellaneous revenues related to raw water activity, such as oil and gas lease revenues and rentals, is applied as an offset based on annual budgeted amounts. (10) Apply the credit for levelized Choke Canyon debt payments to city rate payers' RWCA. (The escalating payment schedule on the Choke Canyon debt was levelized through the creation of a reserve fund. In the initial years, payments greater than the debt service were made, with the excess going into the reserve fund. This excess was paid through a rate surcharge on ICL and OCL metered treated water customers. Now that bond payments exceed the levelized payment amount, the reserve fund is drawn on to make up the difference. Since only ICL and OCL metered treated water customers participated in building the reserve fund, the drawing on the reserve fund is only credited to the RWCA assessed against ICL and OCL metered treated water customers.) (11) Include funds necessary to collect coverage required on current annual debt service in order to comply with bond covenants, and improve the financial position and bond ratings of the city's water fund. (12) Include funds necessary to establish and maintain an operating reserve fund with a target amount of twenty-five (25) per cent (or three (3) months) of annual operating expenses for the fiscal year. (13) Include funds necessary to establish and operate a water capital reserve fund with a target amount of two (2) per cent of the respective annual water capital improvements program for the fiscal year or two million dollars ($2,000,000.00) (whichever is greater). (14) Include funds necessary to establish and maintain a future water resources reserve fund (water supply development reserve) with an ultimate target balance of thirty million dollars ($30,000,000.00), and an annual contribution of approximately two million dollars ($2,000,000.00) per fiscal year. Revenue from this water supply development reserve will be deposited into a fund set aside for this purpose. (15) The minimum operating or capital reserves amounts are intended to provide for unplanned, unbudgeted expenses and revenue shortfalls, and will not be used for routine expenses. (16) Determine the amount of over or under collections that have resulted from difference between budgeted and actual expenses and offsetting revenues and the difference between projected and actual volume of water sold for the prior two (2) years. Any funds realized in excess of annual expenses are available for either supplementing minimum operating or capital reserves, for addition to the capital funds for discretionary cash capital funding of the water utility, or to create and maintain a reserve to level out large fluctuations in raw water charges is authorized. Apply any remaining amount as an adjustment to the RWCA. (c) Definitions. Costs of raw water is the total of all costs of acquiring, producing, storing, conserving, and transporting untreated water from its source to the city's treatment facility and all other points of diversion. These costs include, but are not limited to, the costs of: Construction, including debt service, operation, and maintenance of dams and reservoirs. Construction, including debt service, operation, and maintenance of raw water supply transmission pipelines. Construction, including debt service, operation, and maintenance of wells. Construction, including debt service, operation, and maintenance of facilities capable of converting wastewater effluent, salt water, and brackish ground water into water suitable for municipal, industrial, or agricultural uses. Acquisition of new water supplies and water rights, including the establishment and funding of a reserve dedicated to offset the costs of acquisition of additional water rights and the implementation of long range water resource development and related capital improvements. Page 12 Construction, operation, and maintenance of facilities to reduce water losses from water resources due to evaporation or the release of water from a reservoir due to the operation of law. Acquisition and transportation of emergency water supplies, including the costs of transporting water by vessel or pipelines from other regions. Water supply development and protection, including consultants' studies and reports, investigations, legal fees, court costs, and any other costs related to the development or protection of the water supply. Administrative costs, including overhead and the portion of the city's general administrative costs applicable to the activities enumerated in this definition. (d) The raw water cost adjustment shall be calculated on an annual basis for those large volume wholesale customers with contracts containing such provisions. (Ord. No. 9472, 8-27-1969; Ord. No. 11613, 8-8-1973; Ord. No. 12208, §§ 1, 2, 8-7-1974; Ord. No. 14140, §§ 1-3, 1-25-1978; Ord. No. 16446, §§ 1, 2, 8-12-1981; Ord. No. 16593 § 1, 10-14- 1981; Ord. No. 17166, §§ 1-3, 7-28-1982; Ord. No. 17762, §§ 1, 2, 8-3-1983; Ord. No. 18351, §§ 1, 2, 7-24-1984; Ord. No. 18587, §§ 1, 2, 12-4-1984; Ord. No. 20411, §§ 1, 2, 7-26-1988; Ord. No. 21001, § 1, 10-9-1990; Ord. No. 21438, §§ 1-4, 7-21-1992; Ord. No. 21814, § 1(a) - (c), 12-14-1993; Ord. No. 22741, § 1, 11-12-1996; Ord. No. 22832, § 1, 1-28-1997; Ord. No. 22879, § 1, 3-25-1997; Ord. No. 23706, § 1, 7-20-1999; Ord. No. 23910, § 1, 1-11-2000; Ord. No. 24132, § 1, 7-25-2000; Ord. No. 24531, § la, 7-24-2001; Ord. No. 24969, § 1, 7-23-2002; Ord. No. 25386, § 1, 7-22-2003; Ord. No. 025866, § 1, 7-27-2004; Ord. No. 026368, § 1, 7-26- 2005; Ord. No. 026900, § 1, 7-25-2006; Ord. No. 027355, § 1, 7-24-2007; Ord. No. 027781, § 1, 7-22-2008; Ord. No. 028256, § 1, 7-28-2009; Ord. No. 028686, § 1, 7-20-2010; Ord. No. 029158, § 1, 7-26-2010; Ord. No. 029386, § 1, 2-28-2012; Ord. No. 029584, § 1, 7-31-2012; Ord. No. 029917, § 1, 7-30-2013; Ord. No. 030242, § 2(Exh. A), 7-29-2014; Ord. No. 030295, § 1, 9-23-2014; Ord. No. 030605, § 1, 9-8-2015; Ord. No. 030718, § 1, 12-15-2015; Ord. No. 031028, § 1, 12-20-2016) Page 13 SECTION 2. Section 55-100 of the Corpus Christi Code of Ordinances regarding wastewater rates is revised with new rates as shown in underlined text below to be effective on January 1, 2018. Sec. 55-100. - Schedule. (a) The monthly charge to be paid by users of sewer service furnished by the city's municipal sewer system, except as otherwise provided in articles VII and XI of chapter 55, shall be based on the amount of water used by the user according to the following rates: Classification Effective January 1, 20462018 Inside city limits One -family minimum monthly charge (first 2,000 gallons) Next 4,000 gallons Next 9,000 gallons Over 15,000 gallons Insidc city limits Onc family per 1,000 gallons ovcr 2,000 Inside city limits One -family maximum monthly charge (up to 25,000 gallons) Outside city limits One -family minimum monthly charge (first 2,000 gallons) Next 4,000 gallons Next 9,000 gallons Over 15,000 gallons Outsidc city limits Onc family per 1,000 gallons ovcr 2,000 $ 3'1.03 32.60 3.25 4.85 7.25 6.69 187.90 161.75 '12.5'1 40.75 6.25 9.35 14.00 14.85 Page 14 Outside city limits One -family maximum monthly charge (up to 25,000 gallons) Inside city limits Commercial minimum monthly charge (first 2,000 gallons) Inside city limits Commercial per 1,000 gallons over 2,000 Outside city limits Commercial minimum monthly charge (first 2,000 gallons) Outside city limits Commercial per 1,000 gallons over 2,000 33 289.90 '16.02 44.75 4 3 4.70 57.53 55.95 9.59 9.35 _(b) The amount of water used to computc the monthly bills to one family residential customcrs shall be computed every two (2) years on the basis of the "winter average" or "interim average" that is calculated under this subsection. (1) Definitions. December 1 of each even numbered year. "winter averaging wastewater charge period" based upon their average monthly water consumption during that period. c. Interim average: The monthly wastewater usage established by the city for individual customers who have not established a "winter average usage". The "intcrim average" is, ... "winter average usage" as defined in subsection (b)(1)b. of this section is established for the individual customer. d. Service area: The geographic region served by the city's wastewater system. (2) Winter average criteria. a. The customer must receive wastewater service at one (1) location during the three (3) consecutive reading periods in order to establish a "winter average usage". b. "Winter average usage" charges shall apply to one family residential customers only. c. The "winter average usage" shall be based on a customers average water consumption for three (3) complete consecutive reading periods commencing with the customer's first reading period on or after December 1 of each even numbered year. d. The following method will be used to calculate a customer's "winter average usage": 1. Add the three (3) winter months' water consumption to get total water consumption Page 15 2. Divide three month usage amount by three (3) to get winter average usage. Such winter average usage shall be limited to a maximum of twenty five thousand (25,000) gallons. c. Using thc wintcr avcragc usagc, apply thc applicablc ratcs cstablished in subsection (a) to calculate the customer's wastewater bill for each month until a new winter average usage is ostablishod or ratos aro changod. Tho adjusted rate that applies to service after December 31 will reflect wastewater usage based on the previous "wintor avoraging wastewater chargo period". f. New and relocating customers; adjustments: 1. Customers new to the service area, who have not established a "winter average", shall be billed at the "interim average" rate. average" at their previous address, shall be billed at "winter average" rate at the previous address, whichever is less. 3. Customers who are relocating within the service area, who have not established a /1. When a customer experiences a substantial incroase in water or wastewater usago period, and if the customer can produce proof of repairs, the director of finance or tho director's designee may adjust the wastewater bill. (sb) The rates established in subsection (a) of this section are based upon water consumption for wastewater service customers with wastewater characteristics of five hundred sixty-two (562) parts per million or less by weight of chemical oxygen demand index, two hundred fifty (250) parts per million or less by weight of biochemical oxygen demand index, and two hundred fifty (250) parts per million or less by weight of suspended solids index. If the wastewater characteristics exceed any of these parameters shall pay an additional abnormal wastewater surcharges as provided in section 55-148. (Code 1958, § 38-49; Ord. No. 9863, § 1, 7-29-1970; Ord. No. 11612, § 1, 8-8-1973; Ord. No. 12209, § 1, 8-7-1974; Ord. No. 12656, § 1, 6-25-1975; Ord. No. 13860, § 1, 8-3-1977; Ord. No. 15700, § 1, 8-13-1980; Ord. No. 16448, § 1, 8-12-1981; Ord. No. 17156, § I, 7-28-1982; Ord. No. 17763, § 1, 8-3-1983; Ord. No. 18352, § 1, 7-24-1984; Ord. No. 18940, § 1, 7-23-1985; Ord. No. 19403, § 1, 7-29-1986; Ord. No. 20412, § 1, 7-26-1988; Ord. No. 20748, § 1, 8-8-1989; Ord. No. 21001, § 1, 10-9-1990; Ord. No. 21440, § 1, 7-21-1992; Ord. No. 21662, § 1, 5-25-1993; Ord. No. 21671, § 1, 6-8-1993; Ord. No. 21814, § 1(e), (f), 12-14-1993; Ord. No. 21965, § 1, 6- 14-1994; Ord. No. 22743, § 1, 11-12-1996; Ord. No. 23706, § 1, 7-20-1999; Ord. No. 24132, § 1, 7-25-2000; Ord. No. 24531, § le, 7-24-2001; Ord. No. 24969, § 6, 7-23-2002; Ord. No. 25396, § 6, 7-22-2003; Ord. No. 025866, § 5, 7-27-2004; Ord. No. 026368, § 5, 7-26-2005; Ord. No. 026900, § 5, 7-25-2006; Ord. No. 027355, § 5, 7-24-2007; Ord. No. 027781, § 7, 7-22-2008; Ord. No. 028256, § 5, 7-28-2009; Ord. No. 028690, § 1, 7-20-2010; Ord. No. 029160, § 3, 7-26- 2011; Ord. No. 029917, § 7, 7-30-2013; Ord. No. 030242, § 4(Exh. A), 7-29-2014; Ord. No. 030295, § 5, 9-23-2014; Ord. No. 030605, § 4, 9-8-2015) Page 16 Section 3. 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 and all revised water and wastewater rates included in this ordinance take effect on January 1, 2018. 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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 17 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water and wastewater rates; providing for publication and effective date of January 1, 2018 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 55-50 of the Code of Ordinances regarding water rates is revised with new rates as shown in underlined text below to be effective on January 1, 2018. Sec. 55-50. - Schedule. (a) Base rates for water service. The rates for water service are as follows: (1) Monthly minimum charges. a. Metered treated water customers. 1. Inside city limits ("ICL"): Meter Size (Inches) Effective January 1, 2016 January 1, 2018 Residential 5/8 —3/4 Commercial 5/8 —3/4 Residential and Commercial 1 11/2 2 $12.11 13.15 12.1'1 13.15 18.21 19.70 30.35 32.80 60.70 65.60 Page 1 3 97.12 104.95 4 19'1.2'1 209.85 6 303.50 327.90 8 and larger 607.00 655.75 Large Volume Any size 22,78'1.00 24,614.00 Temporary construction 1 18.21 19.70 11/2 2 30.35 32.80 60.70 65.60 2. Outside city limits ("OCL"): Meter Size (Inches) Effective January 1, 2016 January 1, 2018 r Residential 5/8 —3/4 Commercial 5/8 —3/4 Residential and Commercial 1 $ 1'1.57 15.75 1'1.57 15.75 21.85 23.65 Page 2 b. Untreated water customers. Effective January 1, 20162018 Minimum monthly service charge, water districts/municipalities with raw water supply contracts executed after January 1, 1997 Minimum monthly service charge for public agency for resale untreated water without a raw water supply contract executed after January 1, 1997 1 Minimum monthly service charge, industrial $'117.99 440.98 25'1.57 268.57 '136.88 460.91 Page 3 11/2 36A2 39.35 2 72.8'1 78.70 3 116.5'1 125.95 4 233.09 251.85 6 36'1.20 393.45 8 and larger 728A0 786.90 Large Volume Any size Temporary construction 1 11/21. 2 38,015.00 41,068.00 21.85 23.65 36A2 39.35 72.8'1 78.70 b. Untreated water customers. Effective January 1, 20162018 Minimum monthly service charge, water districts/municipalities with raw water supply contracts executed after January 1, 1997 Minimum monthly service charge for public agency for resale untreated water without a raw water supply contract executed after January 1, 1997 1 Minimum monthly service charge, industrial $'117.99 440.98 25'1.57 268.57 '136.88 460.91 Page 3 1 Minimum monthly service charge, domestic 1'1.55 15.35 Minimum annual service charge, domestic Minimum monthly service charge, agricultural irrigation water service Minimum monthly service charge, temporary construction water service Minimum monthly service charge, temporary large volume industrial untreated water customers obtaining water, which is under contract to the city, from a reservoir under the exclusive control of a river authority 1'15.62 153.63 218.29 230.30 291.05 307.06 1,679.6'1 1.772.02 Minimum monthly charge for public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997: If the charge based on the volume of water taken in a monthly billing period is less than $25'1.57268.57, the customer shall be billed $25'1.57268.57, unless a valid water supply contract between the customer and city that was executed prior to January 1, 1997, provides for a minimum annual payment. If a valid water supply contract between the customer and city executed prior to August 1, 2000, provides for a minimum annual payment, the customer shall pay the minimum annual payment under the contract. c. Blended water customers. Effective January 1, 2016 January 1, 2018 i Any size $36,280.00 38,275.40 (2) Monthly volume charges per 1,000 gallons. a. Residential rate. 1. Inside city limits: J 1 Effective January 1, 2016 January 1, 2018 First 2,000 Gallons Minimum* Page 4 Next 4,000 Gallons $64-76.60 Next 9,000 Gallons 6.980 7.55 Over 15,000 Gallons 7.59 8.20 *Use the minimum charges in subsection (a)(1). 2. Outside city limits: Effective January 1, 2016 January 1, 2018 First 2,000 Gallons Next 4,000 Gallons Next 9,000 Gallons Over 15,000 Gallons *Use the minimum charges in subsection (a)(1). b. Commercial rate. 1. Inside city limits: Minimum* $2.31 2.55 2.92 3.15 3.65 3.95 Effective January 1, 2016 January 1, 2018 First 2,000 Gallons Minimum* Over 2,000 Gallons *Use the minimum charges in subsection (a)(1). 2. Outside city limits: $6.781 7.20 Page 5 1 Effective January 1, 2016 January 1, 2018 First 2,000 Gallons Minimum* Over 2,000 Gallons $3.012 3.60 *Use the minimum charges in subsection (a)(1). c. Golf course and athletic field irrigation water inside city limits. Effective January 1, 2016 January 1, 2018 First 2,000 Gallons Minimum* Over 2,000 Gallons $3.092 3.55 *Use the minimum charges in subsection (a)(1) for ICL customer. d. Residential irrigation water on separate meter. 1. Inside city limits: Meter Size (Inches) JOL Effective January 1, 2016 January 1, 2018 First 2,000 Gallons Over 2,000 Gallons 2. Outside city limits Minimum* $7.59 8.20 Meter Size (Inches) Effective January 1, 2016 January 1, 2018 Page 6 First 2,000 Gallons Over 2,000 Gallons e. Resale treated water rates. Minimum* $3.65 3.95 1. Treated water rates purchased for resale where the water is taken and metered at the site of treatment are hereby set as follows: Effective January 1, 2017 January 1, 2018 First 2,000 Gallons Minimum* Over 2,000 Gallons *Use the minimum charges in subsection (a)(1). $1.331 1.405 2. Treated water rates purchased for resale where the water is delivered to the resale entity through city facilities are hereby set as follows: Effective January 1, 2017 January 1, 2018 First 2,000 Gallons Minimum* Over 2,000 Gallons $1.930 2.236 *Use the minimum charges in subsection (a)(1). f. Large volume treated water customers. A commercial treated water customer who agrees to pay for a minimum of ten million (10,000,000) gallons of treated water per month is considered a large volume treated water customer. Once a customer has elected to become a large volume treated water customer, the customer will be billed as a large volume treated water customer until the customer notifies the city and requests reclassification as a commercial customer in writing. However, a commercial customer may not elect to become a large volume treated water customer more than once in any twelve-month period. 1. Inside city limits: Page 7 First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons *Use the minimum charges in subsection (a)(1). 2. Outside city limits: $5.686 6.00 Effective January 1, 2016 January 1, 2018 First 10,000,000 Gallons Each Additional 1,000 Gallons *Use the minimum charges in subsection (a)(1). g. Minimum* $1.998 2.40 Large volume blended water customers. A commercial blended water customer who agrees to purchase a minimum of ten million (10,000,000) gallons of blended water per month is considered a large volume blended water customer. 1. Inside city limits: Effective January 1, 2016 January 1, 2018 1 First 10,000,000 Gallons Each Additional 1,000 Gallons *Use the minimum charges in subsection (a)(1). 2. Outside city limits: Minimum* $3.628 3.828 Page 8 First 10,000,000 Gallons Each Additional 1,000 Gallons *Use the minimum charges in subsection (a)(1). 3. Peaking factor. [To be determined.] h. Temporary water service. 1. Treated water. A. Inside city limits: Minimum* $0.127 0.134 Effective January 1, 2016 January 1, 2018 First 2,000 Gallons Over 2,000 Gallons *Use the minimum charges in subsection (a)(1). B. Outside city limits: Minimum* $6.781 7.20 Effective January 1, 2016 January 1, 2018 First 2,000 Gallons Over 2,000 Gallons *Use the minimum charges in subsection (a)(1). 2. Untreated water. A. Inside city limits: Minimum* $3.012 3.60 Page 9 First 2,000 Gallons Over 2,000 Gallons Minimum* 2 x RWCA *Use the minimum charges in subsection (a)(1). B. Outside city limits: Effective January 1, 20162018 First 2,000 Gallons Over 2,000 Gallons *Use the minimum charges in subsection (a)(1). i. Agricultural irrigation water outside city limits. Minimum* 2 x RWCA Effective January 1, First 2,000 Gallons Over 2,000 Gallons *Use the minimum charges in subsection (a)(1). J. Minimum* 2 x RWCA Public agency for resale untreated water rates. The rates for the purchase of untreated water purchased by a public agency, which does not have a raw water supply contract with the city executed after January 1, 1997, is the average of the monthly raw water cost adjustments, established under subsection (b) of this section, for the period used to determine the composite cost of untreated water under the city's current contract with the public agency. Page 10 k. Temporary large volume industrial untreated water customers obtaining water, which is under contract to the city, from a reservoir under the exclusive control of a river authority. Effective January 1, 2016 2018 First acre foot or fraction thereof Minimum* Over acre foot $1,206.98 1,273.36 per acre foot or fraction thereof *Use the minimum charges in subsection (a)(1). (b) Raw water cost adjustment (RWCA). In addition to the charges for the base rates for water service, established in subsection (a), a separate charge for the costs of raw water, the RWCA, will be added to each consumer's bill, except public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997. (A public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997, will pay the lower of the composite cost, as defined in its contract with the city or the rate for public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997, specified in subsection (a)(2)g. of this section.) The RWCA will be based on projected system -wide raw water sales, adjusted for water losses. The RWCA will be calculated every odd -numbered year no later than October 1 to be effective the following January of even -numbered years using the adopted utility rate model. Two (2) subsequent years' RWCA will be calculated according to the following procedures, and then an average rate determined which will yield raw water required revenues over a two-year period: (1) Use projected system -wide water sales based on historical consumption and projected growth, with adjustments for water losses. (2) Include the annual budgeted cost of debt service. Bond payments, amortization of deferred losses on refundings, and other debt service costs shall be applied to the RWCA in the same proportion as the raw water activities proportion of the original bond proceeds. (3) Include budgeted expenditures for purchases of water. (4) Include purchases of water rights, amortized over the duration of the water right agreement. (5) Budgeted expenditures for capital items shall be included as follows: a. The expense of acquiring a capital item that costs not more than five hundred thousand dollars ($500,000.00) shall be charged in the year in which it is acquired. b. The expense of acquiring a capital item that costs more than five hundred thousand dollars ($500,000.00) shall be amortized over the number of years used to calculate depreciation expenses, with the half-year convention used in the year of acquisition. (6) All operating and maintenance expenditures shall be charged based on annual budgeted amounts. These expenditures include operation and maintenance of dams, reservoirs, pipelines, wells, pumping stations, and related interfund charges. All expenses for consultants, engineering, legal services, and administration shall be charged based on annual budgeted amounts in the proportion to which they apply to raw water issues. (8) Expenses related to the acquisition and transportation of emergency water supplies shall be included in the RWCA for the following fiscal year, unless foreseen and budgeted in advance, in which case they are included in the year budgeted. (7) Page 11 (9) Miscellaneous revenues related to raw water activity, such as oil and gas lease revenues and rentals, is applied as an offset based on annual budgeted amounts. (10) Apply the credit for levelized Choke Canyon debt payments to city rate payers' RWCA. (The escalating payment schedule on the Choke Canyon debt was levelized through the creation of a reserve fund. In the initial years, payments greater than the debt service were made, with the excess going into the reserve fund. This excess was paid through a rate surcharge on ICL and OCL metered treated water customers. Now that bond payments exceed the levelized payment amount, the reserve fund is drawn on to make up the difference. Since only ICL and OCL metered treated water customers participated in building the reserve fund, the drawing on the reserve fund is only credited to the RWCA assessed against ICL and OCL metered treated water customers.) (11) Include funds necessary to collect coverage required on current annual debt service in order to comply with bond covenants, and improve the financial position and bond ratings of the city's water fund. (12) Include funds necessary to establish and maintain an operating reserve fund with a target amount of twenty-five (25) per cent (or three (3) months) of annual operating expenses for the fiscal year. (13) Include funds necessary to establish and operate a water capital reserve fund with a target amount of two (2) per cent of the respective annual water capital improvements program for the fiscal year or two million dollars ($2,000,000.00) (whichever is greater). (14) Include funds necessary to establish and maintain a future water resources reserve fund (water supply development reserve) with an ultimate target balance of thirty million dollars ($30,000,000.00), and an annual contribution of approximately two million dollars ($2,000,000.00) per fiscal year. Revenue from this water supply development reserve will be deposited into a fund set aside for this purpose. (15) The minimum operating or capital reserves amounts are intended to provide for unplanned, unbudgeted expenses and revenue shortfalls, and will not be used for routine expenses. (16) Determine the amount of over or under collections that have resulted from difference between budgeted and actual expenses and offsetting revenues and the difference between projected and actual volume of water sold for the prior two (2) years. Any funds realized in excess of annual expenses are available for either supplementing minimum operating or capital reserves, for addition to the capital funds for discretionary cash capital funding of the water utility, or to create and maintain a reserve to level out large fluctuations in raw water charges is authorized. Apply any remaining amount as an adjustment to the RWCA. (c) Definitions. Costs of raw water is the total of all costs of acquiring, producing, storing, conserving, and transporting untreated water from its source to the city's treatment facility and all other points of diversion. These costs include, but are not limited to, the costs of: Construction, including debt service, operation, and maintenance of dams and reservoirs. Construction, including debt service, operation, and maintenance of raw water supply transmission pipelines. Construction, including debt service, operation, and maintenance of wells. Construction, including debt service, operation, and maintenance of facilities capable of converting wastewater effluent, salt water, and brackish ground water into water suitable for municipal, industrial, or agricultural uses. Acquisition of new water supplies and water rights, including the establishment and funding of a reserve dedicated to offset the costs of acquisition of additional water rights and the implementation of long range water resource development and related capital improvements. Page 12 Construction, operation, and maintenance of facilities to reduce water losses from water resources due to evaporation or the release of water from a reservoir due to the operation of law. Acquisition and transportation of emergency water supplies, including the costs of transporting water by vessel or pipelines from other regions. Water supply development and protection, including consultants' studies and reports, investigations, legal fees, court costs, and any other costs related to the development or protection of the water supply. Administrative costs, including overhead and the portion of the city's general administrative costs applicable to the activities enumerated in this definition. (d) The raw water cost adjustment shall be calculated on an annual basis for those large volume wholesale customers with contracts containing such provisions. (Ord. No. 9472, 8-27-1969; Ord. No. 11613, 8-8-1973; Ord. No. 12208, §§ 1, 2, 8-7-1974; Ord. No. 14140, §§ 1-3, 1-25-1978; Ord. No. 16446, §§ 1, 2, 8-12-1981; Ord. No. 16593 § 1, 10-14- 1981; Ord. No. 17166, §§ 1-3, 7-28-1982; Ord. No. 17762, §§ 1, 2, 8-3-1983; Ord. No. 18351, §§ 1, 2, 7-24-1984; Ord. No. 18587, §§ 1, 2, 12-4-1984; Ord. No. 20411, §§ 1, 2, 7-26-1988; Ord. No. 21001, § 1, 10-9-1990; Ord. No. 21438, §§ 1-4, 7-21-1992; Ord. No. 21814, § 1(a) - (c), 12-14-1993; Ord. No. 22741, § 1, 11-12-1996; Ord. No. 22832, § 1, 1-28-1997; Ord. No. 22879, § 1, 3-25-1997; Ord. No. 23706, § 1, 7-20-1999; Ord. No. 23910, § 1, 1-11-2000; Ord. No. 24132, § 1, 7-25-2000; Ord. No. 24531, § la, 7-24-2001; Ord. No. 24969, § 1, 7-23-2002; Ord. No. 25386, § 1, 7-22-2003; Ord. No. 025866, § 1, 7-27-2004; Ord. No. 026368, § 1, 7-26- 2005; Ord. No. 026900, § 1, 7-25-2006; Ord. No. 027355, § 1, 7-24-2007; Ord. No. 027781, § 1, 7-22-2008; Ord. No. 028256, § 1, 7-28-2009; Ord. No. 028686, § 1, 7-20-2010; Ord. No. 029158, § 1, 7-26-2010; Ord. No. 029386, § 1, 2-28-2012; Ord. No. 029584, § 1, 7-31-2012; Ord. No. 029917, § 1, 7-30-2013; Ord. No. 030242, § 2(Exh. A), 7-29-2014; Ord. No. 030295, § 1, 9-23-2014; Ord. No. 030605, § 1, 9-8-2015; Ord. No. 030718, § 1, 12-15-2015; Ord. No. 031028, § 1, 12-20-2016) Page 13 SECTION 2. Section 55-100 of the Corpus Christi Code of Ordinances regarding wastewater rates is revised with new rates as shown in underlined text below to be effective on January 1, 2018. Sec. 55-100. - Schedule. (a) The monthly charge to be paid by users of sewer service furnished by the city's municipal sewer system, except as otherwise provided in articles VII and XI of chapter 55, shall be based on the amount of water used by the user according to the following rates: Classification Effective January 1, 24462018 r r Inside city limits One -family minimum monthly charge (first 2,000 gallons) Next 4,000 gallons Next 9,000 gallons Over 15,000 gallons Insidc city limits Onc family per 1,000 gallons ovcr 2,000 Inside city limits One -family maximum monthly charge (up to 25,000 gallons) Outside city limits One -family minimum monthly charge (first 2,000 gallons) Next 4,000 gallons Next 9,000 gallons Over 15,000 gallons Outsidc city limits Onc family per 1,000 gallons ovcr 2,000 $ 3'1.03 32.60 3.25 4.85 7.25 6.69 187.90 161.75 '12.5'1 40.75 6.25 9.35 14.00 1'1.85 Page 14 Outside city limits One -family maximum monthly charge (up to 25,000 gallons) Inside city limits Commercial minimum monthly charge (first 2,000 gallons) Inside city limits Commercial per 1,000 gallons over 2,000 Outside city limits Commercial minimum monthly charge (first 2,000 gallons) Outside city limits Commercial per 1,000 gallons over 2,000 38'1.09 289.90 '16.02 44.75 47-94.70 57.53 55.95 9.59 9.35 _(b) The amount of water used to compute the monthly bills to ono family rocidontial cuctomorc shall bo computed every two (2) years on the basis of the "winter average" or "interim average" that is calculated under this subsection. (1) Definitions. December 1 of each even numbered year. "winter averaging wastewater charge period" based upon their average monthly water consumption during that period. "winter average usage" as defined in subsection (b)(1)b. of this section is ostabliched for tho individual customer. d. Service area: The geographic region served by the city's wastewater system. (2) Winter average criteria. a. The customer must receive wastewater service at one (1) location during the three (3) consecutive reading periods in order to establish a "winter average usage". b. "Winter average usage" charges shall apply to one family residential customers only. c. The "winter average usage" shall be based on a customer's average water consumption for three (3) complete consecutive reading periods commencing with the customer's first reading period on or after December 1 of each even numbered year. d. The following method will be used to calculate a customers "winter average usage": 1. Add the three (3) winter months' water consumption to get total water consumption Page 15 2. Divide three month usage amount by three (3) to get winter average usage. Such winter average usage shall be limited to a maximum of twenty-five thousand (25,000) gallons. calculate the customer's wastewater bill for each month until a new winter average usage is ■- 31 will reflect wastewater usage based on the previous "wintor avoraging wastewater chargo period". f. New and relocating customers; adjustments: 1. Customers new to the service area, who have not established a "winter average", shall be billed at the "interim average" rate. average" at their previous address, shall be billed at the "interim average" rate or their "winter average" rate at the previous address, whichever is less. "winter average" at their previous address, shall be billed at the "interim average" rate. /1. When a customer experiences a substantial incroase in water or wastewater usago from hidden water leaks in the plumbing system during the wintor avorage chargo period, and if the customer can produce proof of repairs, the director of finance or the director's designee may adjust the wastewater bill. (sb) The rates established in subsection (a) of this section are based upon water consumption for wastewater service customers with wastewater characteristics of five hundred sixty-two (562) parts per million or less by weight of chemical oxygen demand index, two hundred fifty (250) parts per million or less by weight of biochemical oxygen demand index, and two hundred fifty (250) parts per million or less by weight of suspended solids index. If the wastewater characteristics exceed any of these parameters shall pay an additional abnormal wastewater surcharges as provided in section 55-148. (Code 1958, § 38-49; Ord. No. 9863, § 1, 7-29-1970; Ord. No. 11612, § 1, 8-8-1973; Ord. No. 12209, § 1, 8-7-1974; Ord. No. 12656, § 1, 6-25-1975; Ord. No. 13860, § 1, 8-3-1977; Ord. No. 15700, § 1, 8-13-1980; Ord. No. 16448, § 1, 8-12-1981; Ord. No. 17156, § I, 7-28-1982; Ord. No. 17763, § 1, 8-3-1983; Ord. No. 18352, § 1, 7-24-1984; Ord. No. 18940, § 1, 7-23-1985; Ord. No. 19403, § 1, 7-29-1986; Ord. No. 20412, § 1, 7-26-1988; Ord. No. 20748, § 1, 8-8-1989; Ord. No. 21001, § 1, 10-9-1990; Ord. No. 21440, § 1, 7-21-1992; Ord. No. 21662, § 1, 5-25-1993; Ord. No. 21671, § 1, 6-8-1993; Ord. No. 21814, § 1(e), (0, 12-14-1993; Ord. No. 21965, § 1, 6- 14-1994; Ord. No. 22743, § 1, 11-12-1996; Ord. No. 23706, § 1, 7-20-1999; Ord. No. 24132, § 1, 7-25-2000; Ord. No. 24531, § le, 7-24-2001; Ord. No. 24969, § 6, 7-23-2002; Ord. No. 25396, § 6, 7-22-2003; Ord. No. 025866, § 5, 7-27-2004; Ord. No. 026368, § 5, 7-26-2005; Ord. No. 026900, § 5, 7-25-2006; Ord. No. 027355, § 5, 7-24-2007; Ord. No. 027781, § 7, 7-22-2008; Ord. No. 028256, § 5, 7-28-2009; Ord. No. 028690, § 1, 7-20-2010; Ord. No. 029160, § 3, 7-26- 2011; Ord. No. 029917, § 7, 7-30-2013; Ord. No. 030242, § 4(Exh. A), 7-29-2014; Ord. No. 030295, § 5, 9-23-2014; Ord. No. 030605, § 4, 9-8-2015) Page 16 Section 3. 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 and all revised water and wastewater rates included in this ordinance take effect on January 1, 2018. 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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 17 Water Utility Rates City Council September 12, 2017 Rate Review Schedule 1 April 5, 2017 City Council Workshop June 21, 2017 City Council Workshop July 19, 2017 City Council Workshop August 15, 2017 September 12, 2017 City Council Meeting Water System 101 Water Utility Rate Model -- Update Water Utility Rate Model — Update 1st reading — Proposed Water Utility Rates 2nd reading — Proposed Water Utility Rates DCL Residential & Commercial % increase from current $ increase from current Minimum Charge OCL Large Volume 10 million + ICL Treated Lg Volume 10 million + ICL Residential 2-6,000 6-15,000 15,000 + ICL Commercial 2,000+ per 1,000 JCL Residential Proposed Water Rate Summary Usage (gallons) Current Proposed 8/15/17 DEMAND CHARGE: ICL Residential & Commercial Minimum Charge CUSTOMER CLASS: OCL Wholesale 0 + 12.14 14.57 13.15 8.3% 15.75 8.1% 1.33 1.11 5.,6% REVISED 12.70 $ 0.56 15.25 $ 0.68 1.40 $ 0.07 % increase from current 4.6% 4.7% 5.6% Public Agency 0 + 1.93 2.2,1 15.9% 2.08 $ 0.15 7.5% OCL Commercial 2-6,000 6-15,000 15,000 + 2,000 + Raw Water Cost Adj (RWCA) Raw Water Development Charge per 1,000 2.34 2.55 2.92 3.15 3.65 3-95- 3.01 953.01 3.60 9.0% 8.2% 19.6% 2.00 2A0 20.1% 5.69 6.00 54% 6.07 6,644 8.7% 6.98 7.55 8.2% 7.59(4 8.0% 6.78 7.20 64% 0.94 0.99 5:-0-% 0.05 0.05 0.0% 2.45 $ 0.11 3.05 $ 0.13 3.85 $ 0.20 3.30 $ 0.29 2.20 $ 0.20 5.80 $ 0.11 6.35 $ 0.28 7.30 $ 0.32 7.95 $ 0.36 7.05 $ 0.27 0.94 - 0.05 - 4.7% 4.5% 5.5% 9.6 % 10.1% 1.9% 4.6% 4.6% 4.7% 4.0% 0.0% 0.0% $32.601 Proposed Wastewater Rate Summary RESIDENTIAL— Inside City Limits Current - Winter Qtr. Averaging Proposed -Based on actual water usage Minimum charge—first 2,000 gallons ilL $34.03 Per 1,000 up to 25,000 $6.69 2,000 — 6,000 gallons 6,001— 15,000 gallons 15,001— 25,000 gallons $ 3.25 $4.851 $ 7.25 Water Utility Rates RESIDENTIAL— Inside City Limits SAMPLE BILL WATER Monthly Water Usage Inc (Dec) REVISED Inc (Dec) Compared to Current 3,000 gallons 4,000 gallons 5,000 gallons $21.19 $28.25 $35.31 $22.03 $29.37 $36.71 $0.84 $1.12 $1.40 8,000 gallons $58.32 $60.64 $2.32 4,000 gallons WASTEWATER Winter Quarter Avg or Monthly Water Usage Current (Winter Qtr Avg) PROPOSED (Monthly Water Usage) 3,000 gallons $40.72 $35.85 ($4.87) 5,000 gallons 8,000 gallons $47.41 $39.10 ($8.31) $54.10 $42.35 ($11.75) $74.17 $55.30 ($18.87) 5 Questions? AGENDA MEMORANDUM Future Item for the City Council Meeting of August 22, 2017 Action Item for the City Council Meeting of September 12, 2017 DATE: August 8, 2017 TO: Margie C. Rose, City Manager THRU: Keith Selman, Assistant City Manager KeithSe@cctexas.com 361.826.3898 FROM: Rudy Bentancourt, Housing and Community Development Director RudyB@cctexas.com 361.826.3021 Annual Board of Directors Meeting of the Corpus Christi Community Improvement Corporation CAPTION: Annual Board of Directors Meeting of the Corpus Christi Community Improvement Corporation (CCCIC). PURPOSE: To provide an Annual Board Meeting, to appoint new City Council members to the CCCIC, Elect Officers, amend the bylaws and to provide two (2) loan commitments for the Samuel Place Apartment project and the Village at Henderson Apartment project from FY2017 HOME funding. BACKGROUND AND FINDINGS: The City Council acts as the Board of the CCCIC. With the election of new City Council members Mayor Joe McComb, Paulette Guajardo, Ben Molina, Debbie Lindsey -Opel, and Greg Smith, it is necessary for the Board to appoint them to the CCCIC Board. The CCCIC is also required to select a President and Vice President during the Annual Board of Directors Meeting. The Bylaws of the CCCIC provide for the following officers: President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, and General Manager. The Bylaws provide that officers do not have to be Board members, and the remaining positions have been held by persons on City staff holding the function equivalent positions. The recommendation are as follows: Secretary Rebecca Huerta Assistant Secretary Paul Pierce Treasurer Constance P. Sanchez Assistant Treasurer Alma Casas General Manager Margie C. Rose On February 28, 2017, the Corpus Christi City Council passed Resolutions in support of the proposed affordable housing project known as Samuel Place Apartments and Village At Henderson Apartments. On July 25, 2017, the City Council approved to set aside HOME FY2017 funding requested for Samuel Place Apartments and Village at Henderson Apartments in the amount of $585,137. On July 27, 2017, the Texas Department of Housing and Community Affairs approved to provide the Samuel Place Apartments and the Village at Henderson Apartments projects with Housing Tax Credits (HTC's). The motion will be to approve the loan commitment terms for the projects subject to the execution of the funding agreements. To secure the HTC's, the projects must receive a firm commitment from the local government of the projects location. A firm commitment is defined as an executed agreement. During the August 22, Future Corporation Meeting, a motion was made to amend the CCCIC bylaws to Sections 2.04 to move the Annual Meetings from February to August and to amend Sections 5.01 to require for each Annual Meeting the preparation of the most recent annual report and information on the loan portfolio to include aging of loans, number of loans originated, and amounts of loans originated. In regard to the Fiscal Provisions amendment, staff will present the financial statement as submitted, but the requests of the amendment are currently being worked on. This task will take longer than expected but a full report disclosure will be submitted to the Board via CCARS item or Board presentation, whichever is preferred. Staff will discuss this during the corporation meeting. The Samuel Place Apartments, located at 4315 Carroll Ln., Corpus Christi, TX 78411, will involve the substantial rehabilitation of 60 apartments serving senior citizens, low-income families and individuals. Improvements to the entire complex will include: energy efficient apartments and appliances, ceiling fans, low -E vinyl windows, central heat and air, a new common area building with community center and kitchen, business center/computer lab and laundry facility. The development will be financed primarily through Housing Tax Credits, private debt, and HOME funds through the City of Corpus Christi at 1% for a 40 -year term with payments amortized over 40 years paid from available net cash flow. The Village at Henderson Apartments, proposed to be located at 5409 Lipes Blvd., Corpus Christi, TX 78414, will be an affordable housing multi -family community consisting of 88 units to serve low-income families, seniors and individuals. The Village at Henderson Apartments will serve residents at or below 60% area median income. The development will be financed primarily through Housing Tax Credits, private debt, and HOME funds through the City of Corpus Christi at 1% for a 40 -year term with payments amortized over 40 years paid from available net cash flow. Discussion, and possible action, will involve the approval of the loan commitment made from FY2017 funds provided through the U. S. Department of Housing and Urban Development's HOME Program. ALTERNATIVES: Not Applicable OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The action conforms to all applicable City and CCCIC policies. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires only one meeting of the CCCIC Board. DEPARTMENTAL CLEARANCES: Housing and Community Development and City Secretary's Office FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2017- 2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Recommendation is requested to approve the loan commitment terms for the two (2) proposed projects to secure TDHCA funding. LIST OF SUPPORTING DOCUMENTS: Agenda for Meeting Unapproved September 13, 2016 Board Meeting Minutes Treasurers Report Combined Financials CAFR 2016 Bylaws AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION ANNUAL MEETING DATE: Tuesday, September 12, 2017 TIME: PLACE: During the meeting of the City Council beginning at 11:30 a.m. City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. Vice President Lucy Rubio calls the meeting to order. 2. Secretary Rebecca Huerta calls roll. Board of Directors Vacant, President Lucy Rubio, Vice President Rudy Garza Carolyn Vaughn Michael Hunter Vacant Vacant Vacant Vacant Officers Margie C. Rose, General Manager Rebecca Huerta, Secretary Paul Pierce, Asst. Secretary Constance P. Sanchez, Treasurer Alma Casas, Asst. Treasurer 3. Motion to reappoint Councilmembers Lucy Rubio, Rudy Garza, Carolyn Vaughn, and Michael Hunter; and appointing Mayor Joe McComb and Councilmembers Paulette Guajardo, Ben Molina, Debbie Lindsey - Opel, and Greg Smith to the CCCIC Board. 4. Election of Officers: President Vice President Secretary Assistant Secretary Treasurer Assistant Treasurer General Manager 5. Public Comment 6. Approval of the minutes of September 13, 2016 7. Financial Statement 8. Motion to amend the bylaws, Sections 2.04 to move the Annual Meetings from February to August. 9. Motion to amend the bylaws, Sections 5.01 to require for each annual meeting the preparation of the most recent annual report and information on the loan portfolio to include aging of loans, number of loans originated, and amount of loans originated. 10. Motion to approve a loan commitment of $300,000 for the Samuel Place Apartments project, loan to be made from funds provided through the U. S. Department of Housing and Urban Development's HOME Program at 1% interest for a 40 -year term with payments amortized over 40 years and paid from available net cash flow, subject to execution of the funding agreements. 11. Motion to approve a loan commitment of $285,137 for the Village at Henderson Apartments project, loan to be made from funds provided through the U.S. Department of Housing and Urban Development's HOME Program at 1% interest for a 40 -year term with payments amortized over 40 years and paid from net cash flow, subject to execution of the funding agreements. 12. Adjournment MINUTES CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION (CCCIC) ANNUAL MEETING September 13, 2016 5:41 P.M. PRESENT Board of Directors Brian Rosas, President Lucy Rubio, Vice -President Rudy Garza Chad Magill Nelda Martinez Mark Scott Michael Hunter ABSENT Colleen McIntyre Carolyn Vaughn Officers Margie C. Rose, General Manager Rebecca Huerta, Secretary Paul Pierce, Asst. Secretary Constance P. Sanchez, Treasurer Alma Casas, Asst. Treasurer Vice -President Rosas called the meeting to order in the Council Chambers of City Hall at 5:41 p.m. Secretary Huerta verified that a quorum was present to conduct the meeting and notice of the meeting had been posted. Vice -President Rosas moved to Item 3 and called for the appointment of Michael Hunter to the CCCIC Board. Mr. Magill made a motion, seconded by Mr. Garza, and passed (Ms. McIntyre and Ms. Vaughn absent). Vice -President Rosas moved to Item 4 and called for the Election of Officers. A motion was made by Ms. Martinez to appoint Brian Rosas as President, seconded by Mr. Garza, and passed (Ms. McIntyre and Ms. Vaughn absent). A motion was made by Mr. Garza to appoint Lucy Rubio as Vice -President, seconded by Mr. Magill, and passed (Ms. McIntyre and Ms. Vaughn absent). A motion was made by Ms. Martinez to appoint Rebecca Huerta as Secretary, Paul Pierce as Assistant Secretary, Constance P. Sanchez as Treasurer, Alma Casas as Assistant Treasurer, and Margie C. Rose as General Manager, seconded by Mr. Garza, and passed (Ms. McIntyre and Ms. Vaughn absent). President Rosas moved to Item 5 and called for public comment. There was no public comment. President Rosas moved to Item 6 and called for the approval of the minutes from the September 8, 2015 meeting. Mr. Garza made a motion to approve the minutes as presented, seconded by Mr. Magill, and passed (Ms. McIntyre and Ms. Vaughn absent). President Rosas moved to Item 7 and called for the Financial Statement. Treasurer Constance Sanchez referred to the summary of transactions for the ten months ended July 31, 2016; total assets of $13,903,954 with liabilities of $12,850 for a fund balance of $13,891,105; total revenues were $1,563,377 with expenditures of $1,840,020 and excess of expenditures 1 over revenues of $276,643 for a total fund balance of $13,891,105. The Board had no questions. President Rosas moved to Item 8 and called for Appointments to the Loan Review Committee. Secretary Rebecca Huerta stated that there were eleven (11) vacancies, 4 — representing the Professions category (Legal, Real Estate Agency, General Contractor/Remodeler/Homebuilder, Architect, Engineer, or Residential Home Designer), 2 — Financial Institution representative, 4 — Community At -Large and 1 — Health and Human Services. Ms. Huerta explained that Staff is recommending the new appointments of two (2) Community At -Large members and postponing the remaining four (4) appointments due to a future amendment to the committee, which would reduce the size and number of categories. A Board Member asked about the duties of the committee and the recruitment process for applicants. Ms. Huerta stated the committee reviews and approves loan applications submitted through the various loan programs in accordance with the Rehabilitation Loan Handbook. Ms. Huerta introduced Rudy Betancourt, Director of Housing and Community Development who stated the committee reviews the loans submitted by participants in the demolition and rehabilitation program and approves them so they can receive the grant and loan for their project. Ms. Huerta also stated that recruitment for vacancies is done on the City Secretary' s website, by encouraging current members to recruit, and via press releases to the public. Reappointments made by the Board of Directors include the following: 1. Clarissa Lopez Briseno (Health/Human Services) 2. David Cantu (Financial Institution) 3. Monique Espinosa (Community At -Large) 4. Barry Lobell (Community At -Large) 5. Alice Vaughan (Real Estate) A motion to approve these reappointments was made by Ms. Martinez, seconded by Mr. Garza, and passed (Ms. McIntyre and Ms. Vaughn absent). New appointments made by the Board of Directors: 1. Ashley Bemis (Community At -Large) A motion to appoint was made by Mr. Magill, seconded by Mr. Scott, and passed (Ms. McIntyre and Ms. Vaughn absent). 2. Leslie Marin (Community At -Large) A motion to appoint was made by Ms. Martinez, seconded by Mr. Magill, and passed (Ms. McIntyre and Ms. Vaughn absent). There being no further business to come before the Board, President Rosas adjourned the meeting at 5:52 p.m. 2 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED BALANCE SHEET July 31,2017 ASSETS Cash and investments Mortgages receivable, net of allowance Investment in property (net of accumulated depreciation) Loan Program HOME Program Fund Fund 1,649,372 7,943,298 118,430 Total assets 9,711,100 LIABILITIES AND FUND BALANCE Liabilities: Deposits Total liabilities Fund Balance: 12,692 12,692 Reserved for mortgages 7,943,298 Reserved for Investments 118,430 Unreserved 1,636,680 Total fund balance 9,698,408 817,933 3,189, 050 Total 2,466, 703 11,132, 348 118,430 4,006,983 13,717,480 158 12,850 158 12,850 3,189, 050 817,775 11,132, 348 118,430 2,453, 853 4,006,825 13,704,631 Total liabilities and fund balance 9,711,100 4,006,983 13,717,481 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES July 31, 2017 Loan Program HOME Program Fund Fund Revenues: Total Contribution from Federal Government - 485,570 485,570 Interest on loans 38,336 9,123 47,459 Interest on investments 2,935 1,745 4,685 Miscellaneous 2,301 226,452 228,752 Total revenues 43,571 722,890 766,466 Expenditures: Grants 38,336 88,995 127,331 Community Development administration - 26,266 26,266 Loan processing 225,328 376,800 602,128 Miscellaneous 4,015 - 4,015 Depreciation expense 6,310 - 6,310 Total expenditures 273,989 Excess of revenues over expenditures (230,418) Fund balances at July 31, 2016 Fund balances at July 31, 2017 9,928,827 9,698,408 492,061 766,051 230,829 416 3,775,997 13,704,217 4,006,825 13,704,631 City of Corpus Christi Exhibit 25-A CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION BALANCE SHEET SEPTEMBER 30, 2016 ASSETS Cash, cash equivalents and investments $ 2,983,923 Receivables Mortgages and loans 13,066,566 Allowance for uncollectibles (2,293,778) Net receivables 10,772,788 Total assets $ 13,756,711 LIABILITIES Deposits $ 159,750 Due to other funds 19,342 Total liabilities 179,092 FUND BALANCE Restricted Loans 13,577,619 Total liabilities and fund balance $ 13,756,711 City of Corpus Christi Exhibit 25-B CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE YEAR ENDED SEPTEMBER 30, 2016 Revenues Federal Government $ 1,497,065 Earnings on investments 288 Interest on loans 50,887 Miscellaneous 46,589 Total revenues 1,594,829 Expenditures Current Community development Grants 1,507,939 Administration costs 63,515 Forgiven and uncollectible loans 532,563 Total expenditures 2,104,017 Net change in fund balance Fund balance at beginning of year Fund balance at end of year (509,188) 14,086,807 $ 13,577,619 CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION BYLAWS ARTICLE I - OFFICES Section 1.01. The principal office of the Corporation shall be in the City of Corpus Christi, County of Nueces, State of Texas. ARTICLE II - DIRECTORS Section 2.01. The number of Directors which shall constitute the whole Board shall be nine. The initial Directors shall serve for a period coterminous with the terms of City Council members at the time of adoption of these bylaws. The successor Directors shall be elected for terms approximately coterminous with the terms of City Council members. Any Director may succeed himself. Section 2.02. Vacancies in the Board of Directors shall be filled for the unexpired term by the election of successor Directors by the majority vote of the remaining Board of Directors. Section 2.03. The property and business of the Corporation shall be managed by the Board of Directors which may exercise all powers of the Corporation and do all lawful acts. Section 2.04. The annual meeting of the Board of Directors shall be held at the principal office of the Corporation during a City Council meeting in February of each year, or at such time and place as shall be designated by the President on three days' written notice to each of the Directors. All other meetings may be held at the place selected by the Board either within or without the State of Texas. Section 2.05. Regular meetings, other than the annual meeting, may be held at such time as shall be determined by the Board. Section 2.06. Special meetings of the Board may be called by the President on three days' notice to each Director, either personally or by mail or by telegram; special meetings shall be called by the President or Secretary in like manner on like notices on the written request of two Directors. Section 2.07. At all meetings of the Board the presence of a majority of the Directors shall be necessary and sufficient to constitute a quorum for the transaction of business and the act of a majority of the Directors present at any meetings at which there is a quorum shall be the act of the Board of Directors, except as may be otherwise specifically provided by these bylaws. If a quorum shall not be present at any meeting I. of the Directors, the Directors present thereat may recess the meeting from time to time, without notice other than announcement at the meeting, until a quorum shall be present. Section 2.08. A meeting of the Directors can be held at any time without notice upon the execution by all Directors, of a written waiver of notice, and likewise may be held without notice when all of the Directors are present at the meeting. Committee of Directors Section 2.09. The Board of Directors may, by resolution or resolutions adopted by a majority of the whole Board, establish one or more committees, each committee to consist of two or more of the Directors of the Corporation, which to the extent permitted by law and if so provided in said resolution or resolutions, when the Board is not in session, shall have and exercise the powers of the Board of Directors in the management of the business and affairs of the Corporation, and may have power to authorize the seal of the Corporation to be affixed to all papers which may require it. Such committee or committees shall have such name or names as may be determined from time to time by resolution adopted by the Board of Directors. Section 2.10. The committees shall keep regular minutes of their proceedings and report the same to the Board when required. Section 2.11. Directors, as such, shall not receive any compensation for their services, but, by resolution of the Board a reimbursement of expenses of attendance, if any, may be allowed for attendance at such regular or special meeting of the Board. Members of special or standing committees may be allowed like reimbursement for attending committee meetings. ARTICLE III - NOTICES Section 3.01. Whenever, under the provisions of the statutes or these bylaws, notice is required to be given to any director, it shall not be construed to mean personal notice, but such notice may be given in writing, by mail, addressed to such Director at such address as appears on the books of the Corporation, and such notice shall be deemed to be given at the time when the same shall be thus mailed. Section 3.02. Whenever any notice is required to be given under the provisions of the statutes or of these bylaws, a waiver thereof in writing signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent thereto. 2 ARTICLE IV - OFFICERS Section 4.01. The officers of the Corporation shall be chosen by the Board of Directors. The Board of Directors shall choose from its members a President and a Vice President. The Board of Directors shall also choose a Secretary and a Treasurer who may or may not be members of the Board of Directors. The Board of Directors shall, by majority vote of all members, designate a General Manager of the Corporation. The General Manager shall not be a member of the Board of Directors, but shall serve at the pleasure of the Board of Directors, and shall be under their supervision. Any two or more offices may be held by the same person, except the offices of President, Secretary, and General Manager. Section 4.02. The Board of Directors shall choose such officers at its first meeting and at each annual meeting thereafter. Section 4.03. The officers of the Corporation chosen pursuant to Section 4.02 shall serve until the next annual meeting of the Board of Directors or until their successors are chosen and qualify in their stead. Section 4.04. The Board may appoint such other officers and agents as it shall deem necessary, who shall hold their offices for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board. Section 4.05. Any office elected or appointed by the Board of Directors may be removed at any time by the affirmative vote of a majority of the whole Board of Directors. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board of Directors. The President Section 4.06. The President shall preside at all meetings of the Directors. Section 4.07. The President shall be ex officio a member of all standing committees, shall have general supervision of the management of the business of the Corporation, and shall see that all orders and resolutions of the Board are carried into effect. Section 4.08. The President shall execute bonds, mortgages and other contracts requiring a seal, under the seal of the Corporation, except where required for permitted by law to be otherwise signed and executed and except where the sighing and execution thereof shall be expressly delegated by the Board of Directors to some other officer or agent of the Corporation. 3 Vice President Section 4.09. The Vice President shall, in the absence or disability of the President, perform the duties and exercise the powers of the President, and shall perform such other duties as the board of directors shall prescribe. The Secretary Section 4.10. The Secretary shall attend all sessions of the Board and record all votes and the minutes of all proceedings in a book to be kept for that purpose and shall perform like duties for the standing committees when required. He shall give, or cause to be given, notice of all special meetings of the Board of Directors and shall perform such other duties as may be prescribed by the Board of Directors under whose supervision he shall be. He shall keep in safe custody the seal of the Corporation and, when authorized by the Board, affix the same to any instrument requiring it, and when so affixed, it shall be attested by his signature. And when the corporate seal is required as to instruments executed in the course or ordinary business he shall attest to the signature of the President or Vice President and shall affix the seal thereto. The Treasurer Section 4.11. The Treasurer shall have the custody of the corporate funds and the securities and shall keep full and accurate accounts of receipts and disbursements in books belonging to the Corporation and shall deposit all moneys and other valuable effects in the name and to the credit of the Corporation in a depository as shall be designated by the Board of Directors. He shall disburse the funds of the Corporation as may be ordered by the Board, taking proper vouchers for such disbursements, and shall render to the President and Directors, at the regular meetings of the Board, or whenever they may require it, an account of all his transactions as Treasurer and of the financial condition of the Corporation. The Board of Directors may appoint an Assistant Treasurer to assist the Treasurer and who, in the absence or inability of the Treasurer to serve, shall perform the duties of the Treasurer. The General Manager Section 4.12. The General Manager shall oversee and be responsible for the overall management and administration of the Corporation. Section 4.13. The Board of Directors may require the President, Vice President, the Secretary and the Treasurer to give the Corporation bonds on such sums and with such surety or sureties as shall be satisfactory to the Board for the faithful performance of the duties of their office and for the restoration to the Corporation, in case of death, resignation, retirement or removal from office, of all books, papers, vouchers, money and other property of whatever kind in their possession or under 4 their control belonging to the Corporation. ARTICLE V - FISCAL PROVISIONS Section 5.01. The Board of Directors shall have prepared for each annual meeting a full and clear statement of the business and condition of the Corporation. Checks Section 5.02. All checks or demands for money and notes of the Corporation shall be signed by and any two of the following: the President, the Vice President, the Secretary, the Treasurer, the Assistant Treasurer, the General Manager, or such other person or persons as the Board of Directors may from time to time designate. Fiscal Year Section 5.03. The fiscal year shall be determined by resolution of the Board of Directors. ARTICLE VI - SEAL Section 6.01. The corporate seal shall be circular and shall have inscribed in the outer circle the name of the Corporation, and shall have inscribed in the inner the letters "T E X A S" and a five -pointed star. Said seal may be used by causing it or a facsimile thereof to be impressed or affixed or reproduced or otherwise. The imprint of this seal thus authorized is affixed opposite to this section. ARTICLE VII - AMENDMENTS Section 7.01. These bylaws may be altered, changed or amended at any meeting of the Board of Directors at which a quorum is present, provided notice of the proposed alteration, change or amendment be contained in the notice of such meeting, by the affirmative vote of a majority of the Directors at such meeting and present thereat. Includes Amendments through 7-30-13 5 AGENDA MEMORANDUM Public Hearing and First Reading item for the City Council Meeting of August 29, 2017 Second Reading item for the City Council Meeting of September 12, 2017 DATE: August 23, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 THRU: Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Approval of Fiscal Year 2017 — 2018 Capital Budget and Capital Improvement Planning Guide CAPTION: Ordinance approving the Fiscal Year 2017 — 2018 Capital Budget and Capital Improvement Planning Guide in the amount of $142,224,600. PURPOSE: The purpose of this Agenda Item is to fulfill all requirements necessary to approve the Fiscal year 2017 — 2018 Capital Budget and Capital Improvement Planning Guide. BACKGROUND AND FINDINGS: Section 102.006 of the Texas Local Government Code reads as follows: "The governing body of a municipality shall hold a public hearing on the proposed budget. Any person may attend and may participate in the hearing." The City Charter requires City Council to review recommendations of the Planning Commission and act on the Capital Budget on a yearly basis. On Wednesday, July 12, 2017, a summary presentation of the FY 2018 Capital Budget and Capital Improvement Planning Guide was held before the Planning Commission describing program highlights and funding sources. A Public Hearing and second presentation of the detailed FY 2018 Capital Budget and Capital Improvement Planning Guide was held on July 26, 2017. At that meeting, the Planning Commission recommended approval of the FY 2018 Capital Budget and Capital Improvement Planning Guide as presented. There were no comments during the Public Hearing. ALTERNATIVES: Approval of this budget is required by City Charter. City Council may: 1. Approve the budget as presented (Recommended) 2. Make changes to the budget and then approve. OTHER CONSIDERATIONS: The Public Hearing and presentation of this item was held on August 22, 2017. If approved at first reading on August 29, 2017, the second reading will be on September 12, 2017. CONFORMITY TO CITY POLICY: This item conforms to City Policy and statutes regarding approval of the Fiscal Year 2017 — 2018 Capital Budget and Capital Improvement Planning Guide and is consistent with the Comprehensive Plan. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Office of Management and Budget FINANCIAL IMPACT: ❑ Operating ❑ Revenue X 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 $142,224,600 $142,224,600 BALANCE $142,224,600 $142,224,600 Fund(s): COMMENTS: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation FY 2018 Capital Budget and Capital Improvement Planning Guide Page 1 of 2 ORDINANCE APPROVING THE FISCAL YEAR 2017 — 2018 CAPITAL BUDGET AND CAPITAL IMPROVEMENT PLANNING GUIDE IN THE AMOUNT OF $142,224,600. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Fiscal Year 2017 — 2018 Capital Budget and Capital Improvement Planning Guide in the amount of $142,224,600 is hereby approved. A copy of the Fiscal Year 2017 — 2018 Capital Budget and Capital Improvement Planning Guide will be filed in the Office of the City Secretary ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Page 2 of 2 That the foregoing resolution was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing resolution was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel Fiscal Year 2017 - 2018 Proposed Capital Improvement Program (CIP) Budget and Planning Guide First Reading August 29, 2017 Proposed Capital Improvement Budget and Planning Guide • Purpose: To identify, prioritize, fund and construct capital projects. • Provides: Project scopes, cost and schedules for planned and anticipated projects over the next ten years. • Includes: Details specific information on projects programmed within the next three years. Proposed Capital Improvement Budget and Planning Guide Sections of the document: • Year One (Fiscal Year 2018) : A fully -funded work plan based on available financial capacity and greatest prioritized needs. • Short -Range Program: Facilitates fiscal and needs - based planning for Years 2 and 3. • Long -Range Forecast: Located at the back of each section and consists of items considered important, but not funded. Proposed Capital Improvement Budget and Planning Guide DRAFT - WASTEWATER FISCAL YEAR 2018 CIP PROGRAM (WITH STREET SUPPORT) June 2017 WASTEWATER SHORT RANGE CIP Prior FY Prior FY FY 17-18 FY1519 FY19-20 FY20-21 FY 21-22 FY 22-23 FY23-24 FY 24-25 FY 2526 FY 26-27 FY 27-32 10 Year PROJECT SEP Project Name Expenditures & „ma.... nt Budget Year Year Year Year Year Year6 Year] Year Year Year 10 Year 11-15 TOTALS TOTAL WW 01 COyrvideC tt€ tmSysfem lndefdRe OeliverylodefdM1e Roan. Progr m 88 18,40 12,309.6 1,000.0 13,000.0 16,0000 18,0000 18,0000 18,0000 18,0000 18,000.0 18,0000 18,000 0 ,000 180 156,000.0 186,798.6 WW 02 Citywide Lit Station Repair 1,3639 3,0000 3,0000 3,000.0 9,000.0 10,363.9 MN 03 COyrnde Wastewater Lot Staten&kernate Parva Supply 9.1 300.0 300.0 300.0 300.0 300.0 300.0 1,800.0 1,809.1 WW 04 Cityrnde Wastawater Maier Plan 400.0 400.0 400.0 1,200.0 1,200.0 WW 05 Wastewater astewater Treatment Plants &L4..don SCAM500.0 5000 3,0000 3,000.0 Allison Basin WW 06 Allison W WrP Lk Staten and Plant Improvements 2936 4,2504 1 WW 07 Allison Plant Process Upgrade and Replacement 5000 2,0000 3,5000 6,000.0 6,000.0 4V4V 08 Sharpsburg Lit Staten and Up Rrver Road Force Main Rehabitation 3,]195 3]22 - 4,091.7 WW 09 Clarkwood North Lift Statim Header Repairs 400.0 1,200.0 1,5000 3,100.0 3,100.0 Greenwood Bain 4 Proposed Capital Improvement Budget and Planning Guide Proposed Bond 2014 Proposition One: STREETS .,reuen„ zec PROJECT TITLE: GoIlihar Road - South Staples Street to Weber Road Consistency wall the Comprehensive Plan; Policy Statements pp. 25- 32; Transportation Master Plan DESCRIPTION: This project includes full depth reconstruction of the existing 5 -ane roadway 0.510 new curb and gutter, sidewalks, ADA ramps and pavement marlclnos. 1311119 Improvements include water, wastewater, storm water and gas. The _ project includes 5400 mull -use sidewalks on born sides for pedestrian and ;, nketransa 0 s, GOI IhB r PROJECT NOTES: Project No E13067 SE Consultant : Naismith Engineering 0.entreat. TBO Award Design: Jan_ 2014 Award Consbuclon: Dec. 2016 Anticipated rbmpletan: May 2019 00 n FUNDING SCHEDULE (Amount in 000's) Use of Funds Project -to -Date Obligations May2016 Unspent Prior Budget as of June 2016 CIP Budget Year 1 2016-2017 Year2 201]-2018 Year 2018 -2019 Future Budget Required (Years4 10) Total Project Value (Amounts in $'s) STREETS STORM WATER WASTEWATER WATER GAS 673.1 3857 82.1 1487 308 68264 2,604.0 300.0 934.0 3,1640 98.5 9340 7399,500 6,153100 480.600 2,016,700 30,600 TOTAL: 13204 6826.4 3838.0 4996 - - $ 16,181300 Source or Funds Bond Issue 2014 Tax Nates Revenue Bonds 873.1 6473 6 415 2 411 2 3,838.0 4,196.5 6415200 1 384.300 0681 800 TOTAL: 1,3204 63264 3,8330 4,1965 - - 0 16.181.300 OPERATIONAL IMPACT: There 6.s 0 direct operational budget impact, butt05 pr je61 will replace aging 0101065 where applicable, improve Me road to accommodate heaver traffic bows 403 provpe a safer driving experience. Proposed Capital Improvement Budget and Planning Guide Department: WATER senW+h�1 PROJECT TITLE: Elevated Water Storage Tanks Alternate Capacity Requirement Implementation Plan) Consistency with the comprehensive Plan: Policy Statements pp. 48: 1,3&6,- pp. 55-57; Water Master Plan DESCRIPTION: Themisling Elevated Storage Tanks (EST) have inadequate me ant elevation to meet minimum sMrage requirement as defined by the Texas Commission onEnvironmental Dualty(TCEo). Thn Pole. 13 3 pM1setl mum y tt that will p b b new EST wilt ] 5 mill gallons f eorage Th improved s g paciy, combined wt thnew heights d two new pump station gen (addressed underseparate CIP project) ill place the City's distribution system in compliance with TCEO's Alternative Capacity R q - m (ACR). Deg for Tanks 1 and 2 haveb accomplish.. Construction is underway d schedre. to be completeearly 2010. To ped the City's ACR Implementation plan and save project costs, the City to coine the oligtnal Phase 3 and Bay Blvd at uncle etl 4 Mr ESTs at the m and at the Nuesphase e srt R d propomtlCity-owne d propeproperlyce which was approved by TCEO_ Phase 3 also includes demolition of the existing Mur ESTs in the City's Pressure Zane 1 which are idenfified by the City as Morgan EST, Gondar EST, Alameda EST, and Flour Bluff EST. CITY '66.44.M1,14 _..ve WIDE -B.. l. PROJECT NOTES: DISTRIBUTION Project No: E11092 ME CansuRant: NV Contractor CBI, Inc. Award Design: march 2011 Award Mellon: May 2016 Anticipated CompEetnn: Feb. 2018 '�T 1 Pt4 \ �*S$ �1��4j �� fl ~ra_- 64 l 11 FUNDING SCHEDULE )Amount In 000.$) Use of Fun. Project -to -Date Obligations May 201600 Unspent Prior Budgelas of June 2016 CIP Budget Year 2010-2017 00212 2017 -2018 802r3 2018-2019 Future Budge[ Required (Years 4-10) TOWI Project Value (Amounts to $'s) Design 8 Engineering Cottstrucllan Contingency 1860e01i01/0t8e1 6,0000 1435 216 .0 1,2000 1000 1505 500.0 6,000.0 600.0 150.0 8000 6,0000 5300 400.0 7000 7,0000 6000 2000 250.0 23000 250.0 151.1 2,466,000 30,700,000 2,350000 1,195,100 TOTAL: 6,1435 1,6665 7,250.0 10,0000 6,5000 3,1511 S 36,711,100 Source of Funds Revenue Band Water Capital Reserves 6,1435 16665 3,250.0 3.409.0 110,000.0 0,5000 3,151.1 33,311100 3,400,000 TOTAL: 6,143.5 1,666.5 7,250.0 10,000.0 0,500.0 3,151.1 S 36,711,100 OPERATIONAL IMPACT: 0010 project will allow the coy to meet 10 commitment to TC00 as defined in the 9 -year Alternative Capacity Regwreme t (AGR) implementation plan approved in 2012. Higher tanks will additionally provide higher pressure and better pressure stabilization in thetlistr0ullon system as required. No additional costs vAll be incurred. 293 Current & FY '18 Proposed CIP Capital Improvments Program - Unspent ($220.2 Million( - Gas FY18 - Capital Improvements Program ($142.2 Million) HeaHF8.5afery Nrks 7 Airport • Year One: $8.4 Million • Program Highlights: — Reconstruct Air Carrier Ramp — Air Operations Area — Runway 13-31 Extension Safety Mitigation • Funding Sources: — Federal Aviation Administration Grants — Certificates of Obligation — Airport Capital Reserves Parks & Recreation • Year One: $0.0 Million • Program Highlights: — Packery Channel Miscellaneous Improvements — Community Park Development & Improvements — Completion of previously funded Bond 2012 projects • Funding Sources: — Community Development Block Grant — Tax Increment Financing District — General Obligation Bonds Public Facilities • Year One: $2.0 million • Program Highlights: — Central Library Roof Replacement — New Roof at City Service Center Warehouse — Repairs to Recreation Centers - Citywide • Funding Sources: — Certificates of Obligation Public Health/ Safety • Year One: $5.5 Million • Program Highlights: — Completion of previously funded projects in the areas • Bond 2012 • J.C. Elliott and Cefe' Valenzuela Landfills • Seawall Improvement Projects Funding Sources: — General Obligation Bonds (2012) — Certificates of Obligation — Sales Tax Proceeds (Type A Board Funding) Streets • Year One: $7.1 Million • Program Highlights: — Bond 2016 Residential Street Rebuild Program — Six points Intersection Improvements — Street Lighting Improvements • Funding Sources: — General Obligation Bonds (2012) — Texas Department of Transportation Funding — Certificates of Obligation 12 Gas • Year One: $4.2 Million • Program Highlights: — Gas Line Replacement / Extension Program — New Gas Transmission Lines • Funding Sources: — Utility Revenue Bonds — Gas Capital Reserves Storm Water • Year One: $24.9 Million • Program Highlights: — Lifecycle Pipe Rehabilitation and Replacement — Gollihar Outfall Repairs — Lifecycle Curb and Gutter Replacement • Funding Sources: — Utility Revenue Bonds — Storm Water Capital Reserves Water Supply • Year One: $6.3 Million • Program Highlights: — Seawater Desalination Program — Wesley Seale Instrumentation Testing and Replacement • Funding Sources: — Utility Revenue Bonds — Texas Water Development Board — Raw Water Supply Reserve Water • Year One: $49.6 Million • Program Highlights: — Programmed Water Service Life Extension — Elevated Storage Tanks, Phase 2 — Support of Street Bond Projects • Funding Sources: — Utility Revenue Bonds — Water Capital Reserves Wastewater • Year One: $34.2 Million • Program Highlights: — Greenwood WWTP Improvements to UV System — City-wide Collection System Assessment and Repair (IDIQ) — Capacity Assessment Improvements — Support of Street Bond Projects • Funding Sources: — Utility Revenue Bonds — Wastewater Capital Reserves QUESTIONS? AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 29, 2017 Second Reading Ordinance for the City Council Meeting of September 12, 2017 DATE: August 16, 2017 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2601 Accepting and appropriating the 2018 Selective Traffic Enforcement Program grant from the Texas Department of Transportation (TXDOT) CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $155,000.09 for the 2018 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for Driving While Intoxicated (DWI), speed enforcement, and distracted driving overtime, with a city match of $47,166.67, for a total project cost of $202,166.76 and appropriating $155,000.09 in the No. 1061 Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: TXDOT is providing funding to continue the overtime STEP enforcement grants in the Police Department for 2018. The grant provides overtime funding for DWI, Speed enforcement, and distracted driving across the City with varied days of the week and hours of operation. Officers will be working on an overtime basis, with the City providing $5,597.75 for fringe benefits, $9.304.47 for mileage, and an indirect cost rate of $32,264.45. The grant period is 10/01/2017 — 09/30/2018. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered / Expended Amount 0 0 0 This item $47,166.67 $47,166.67 BALANCE $47,166.67 $47,166.67 Fund(s): Police General Fund Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award contract Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $155,000.09 for the 2018 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for Driving While Intoxicated (DWI), speed enforcement, and distracted driving overtime, with a city match of $47,166.67, for a total project cost of $202,166.76and appropriating $155,000.09 in the No. 1061 Police Grants Fund BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $155,000.09 for the 2018 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for Driving While Intoxicated (DWI), speed enforcement, and distracted driving overtime, with a city match of $47,166.67, for a total project cost of $202,166.76. SECTION 2. That $155,000.09 grant is appropriated in the No. 1061 Police Grants Fund to continue funding overtime for DWI, speed, and distracted driving enforcement. 1 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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 2 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 12, 2017 Action Item for the City Council Meeting of September 19, 2017 DATE: September 12, 2017 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com 361-826-4281 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kim B2@cctexas.com (361) 826-3169 Tire Repair and Replacement Services for the Corpus Christi Fire Department CAPTION: Motion authorizing City Manager, or designee, to execute an agreement with Beasley Tire Services, Inc. of Houston, Texas for the repair and replacement services of tires for the Corpus Christi Fire Department in response to Request for Bid No. 978 based on the lowest responsive, responsible bid for a total amount not to exceed $116,510.00, and budgeted in FY2017-18. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. PURPOSE: This service agreement is for tire repair and replacement for Corpus Christi Fire Department vehicles. BACKGROUND AND FINDINGS: Beasley Tire Services, Inc. will provide tire service to the Corpus Christi Fire Department Maintenance Division from their Corpus Christi location. Tire service is critical to sustaining the dependability of the fleet maintenance program which includes fire trucks, ambulances, and other emergency response vehicles. The Corpus Christi Fire Maintenance Division is responsible for keeping the CCFD units ready for emergency service. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received two responsive, responsible bid, and one no bid and is recommending the award to the lowest responsive, responsible bidder, Beasley Tire Services. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: These purchases conform to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Fire FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $658,558.00 $116,510.00 $775,068.00 Encumbered / Expended Amount $496,787.47 $0.00 $496,787.47 This item $0.00 $116,510.00 $116,510.00 BALANCE $161,770.53 $0.00 $161,770.53 Fund(s): General Fund Comments: The initial contract is for an amount not to exceed $116,510.00. Annual funding will be requested during future budget years. The total estimated contract value will be $349,530.00 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: MINERVA ALVARADO BID TABULATION RFB978 - Tire Repair & Replacement Services for CCFD ITEM DESCRIPTION UNIT QTY Beasley Tire Services, Inc. Houston, TX Southern Tire Mart Columbia, MS Hesselbein Tire San Antonio, TX UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE Group 1 1 425/65R 22.5 Michelin Tire EA 6 $ 699.00 $4,194.00 $ 803.00 $ 4,818.00 2 385/65R 22.5 Michelin Tire EA 6 $ 630.00 $3,780.00 $ 721.00 $ 4,326.00 3 315/80R 22.5 Michelin Tire EA 20 $ 550.00 $11,000.00 $ 639.00 $ 12,780.00 4 12R 22.5 Michelin Tire EA 50 $ 550.00 $27,500.00 $ 619.00 $ 30,950.00 5 11R 22.5 Michelin Tire EA 40 $ 400.00 $16,000.00 $ 476.00 $ 19,040.00 Group 2 6 225/70R 19.5 Tire EA 12 $ 215.00 $2,580.00 $ 276.00 $ 3,312.00 7 245/75R 17 Tire EA 30 $ 130.00 $3,900.00 $ 147.00 $ 4,410.00 8 235/80R 17 Tire EA 100 $ 136.00 $13,600.00 $ 145.00 $ 14,500.00 9 Tire Repair EA 100 $ 29.00 $2,900.00 $ 20.00 $ 2,000.00 Group 3 10 265/70R 17 Tire EA 24 $ 150.00 $3,600.00 $ 139.00 $ 3,336.00 11 255/65R 17 Tire EA 24 $ 115.00 $2,760.00 $ 131.00 $ 3,144.00 12 245/65R 17 Tire EA 8 $ 108.00 $864.00 $ 120.00 $ 960.00 13 265/75R 16 Tire EA 2 $ 120.00 $240.00 $ 139.00 $ 278.00 14 245/75R 16 Tire EA 4 $ 96.00 $384.00 $ 135.00 $ 540.00 15 P235/70R 16 Tire EA 8 $ 92.00 $736.00 $ 128.00 $ 1,024.00 16 P215/60R 16 Tire EA 2 $ 84.00 $168.00 $ 96.00 $ 192.00 17 235/75R 15 Tire EA 4 $ 96.00 $384.00 $ 120.00 $ 480.00 18 P225/70R 15 Tire EA 4 $ 83.00 $332.00 $ 111.00 $ 444.00 19 P215/60R 15 Tire EA 4 $ 80.00 $320.00 $ 87.00 $ 348.00 20 P195/60R 15 Tire EA 4 $ 92.00 $368.00 $ 79.00 $ 316.00 21 235/50R 17 Tire EA 20 $ 100.00 $2,000.00 $ 138.00 $ 2,760.00 22 Tire Repair EA 100 $ 19.00 $1,900.00 $ 20.00 $ 2,000.00 Roadside Service 1 Service Call EA 100 $ 75.00 $7,500.00 $ 40.00 $ 4,000.00 2 After Hours Service Call EA 100 $ 95.00 $9,500.00 $ 75.00 $ 7,500.00 $116,510.00 $ 123,458.00 NO BID SERVICE AGREEMENT NO. 978 Tire Repair and Replacement Services for the Corpus Christi Fire Department THIS Tire Repair and Replacement Services for the Corpus Christi Fire Department Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Beasley Tire Service, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Tire Repair and Replacement Services for the Corpus Christi Fire Department in response to Request for Bid/Proposal No. 978 ("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 Tire Repair and Replacement Services for the Corpus Christi Fire 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 $1 16,510.00, 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: Kevin Sullivan Corpus Christi Fire Department Shop Supervisor 361-826-3923 Kevinsu@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: Kevin Sullivan Corpus Christi Fire Department Shop Supervisor 1501 Holly Road, Corpus Christi, TX 78417 Fax: 361-826-4341 IF TO CONTRACTOR: Beasley Tire Service, Inc Attn: Michael Beasley Vice President 1 1802 Eastex Frwy, Houston, TX 77039 Fax: 281-449-9436 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: t Cic',O Title: \ Date: - CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 978 Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 8 of 8 Attachment A: Scope of Work Scope of Work 1. General Requirements/Background Information The Contractor shall provide Tire Repair and Replacement Service as outlined in this Scope of Work. 2. Scope of work A. Tire replacement for passenger tires shall include road hazard warranty. B. The Contractor will be required to have 4 working service trucks. C. The Contractor must maintain stock in sufficient amount and sizes of tires to supply the reasonable demands of the City. D. The Contractor shall properly dispose of tires according to current federal and state regulations (Environmental Fees included). E. The Contractor will follow all safety precautions during emergency vehicle roadside tire services. F. The Contractor shall provide roadside emergency and non—emergency tire services for Fire Trucks and Staff and Ambulance vehicles as needed. G. Tire replacement for Fire Trucks must be Michelin brand steer tires size 425/62R 22.5, 385/65R 22.5, 315/80R 22.5, 12R 22.5, and 11 R 22.5. H. The Contractor's Response Time: Fire Trucks, Ambulances, and Staff Units 1. Non-Emergency/Scheduled: 1 hour (Defined as listed at CCFD and not roadside) Monday through Friday, 7:00 AM to 5:00 PM. 2. Emergency: 1 hour (Defined as "roadside emergencies during normal hours stated above and all locations after hours, weekends and holidays). 3. Tire Repair A. Contractor shall repair tires in Group 2 and Group 3. B. Contractor will use tire patches and replace valve stems to repair tires. Page 1 of 3 4. Work Site and Conditions The work shall be performed at Contractors location within the city limits of Corpus Christi, TX, Nueces County. Staff vehicles will be taken to Contractor. Loose EMS vehicle wheels will be taken to Contractor and Fire units will be taken when possible. The Contractor will on occasion pick up wheels from shop and return them with new tires installed. 5. Special Instructions A. 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 at time of completion and shall provide the following information: 1. Site location of the equipment repair. 2. Unit number, make, model number and VIN of the vehicle repaired 3. Make and model number of any replacement parts. B. Service to support the CCFD during emergency or disaster event. This shall require the Contractor to provide a service truck and mechanic with required parts and supplies to provide necessary tire repairs over an extended time. 6. Warranty A. The Contractor hereby warrants all Tires and Accessories as set in the contract and the individual manufacturer's warranty documents. The Contractor will respond, on-site for all warranty repairs within one hour following notice from Contract Administrator. B. All items shall be guaranteed for a minimum period of one year against defects in material and workmanship. C. Material and workmanship ethics shall be of the highest quality currently used in the maintenance of commercial fleet tires in accordance with the tire industry association (TIA). 7. Post Award Security Requirements A. The Contractor will comply with all Security requirements. Due to the nature of the Fire Department Warehouse 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 Page 2 of 3 contract. A completed personal history statement and other forms may be required for security. If will be the Contract Administrator's decision whether a Contractor's employee is acceptable to work in the Fire department warehouse area. B. The Contractor will furnish an adequate number of employees to perform all work specified with the contract. Contractor's employees will conduct themselves in a proper and efficient manner always, and especially to maintain a business -like relationship with others. C. Contractor employees found to be working in any Fire Department Warehouse 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. D. 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 understanding 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. E. 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. Page 3 of 3 Dale: Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 978 Tire Repair & Replacement Services For the Corpus Christi Fire Department ���� Y 7,4 Authorized Bidder; Signature: PAGE 1 Of 1 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 applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Prices for Tires to include tire balancing, mount and dismount, tire disposal, patches, valve stems. r7: �Ite n? rr .k" 2 .. tyr��i r y. l'4 Csct Il.�n'y84. 1 4 u � lc .u� +s�aetit�rs�: � .t�:�Y#- xe rr. a.+� Fb..�"Yt e UOl 0 �.c r ...� .i' ' ' 1Q y it r f•...c1 G r. ire t GT F A�r t 4 nitFt'rricg °.rA 7'� � �'src.� . _ ....•h. St: .X✓4. .l '}+ a y.74.. fr l�t �c��+ 3 .r £ r n 1 E `r,7 nt, fr t�-� , •K - 'T � 'tt �i i'.ii Z'f T'� ._i ; .r f vim. �` ROCU sfF 4F,I(y�til'R C.- S }nb P, �•-..rt .....� E..++a._. �}.�....... _.. Slc r: t-�:?'S.'., , 1 425/65R 22.5 - Michelin Tires Ea 6 57?. © o / P 00 2 385/65R 22.5 - Michelin Tires Ea — 6 6 3®. c 0 , 7,51-0 . ma 3 315/80R 22.5 XZA 2. Ea 20 50 . SS. o v . 4 12R 22.5 ,K2 E Ea ,<i0, 0 0 .7 do. O 0 5 11R 22.55,X-.24-o7Ea 4.:1 R $} A'-;,. j(• ..�.. F jli tlel+r'.`rtVj �rM PMet 11741: ,,f .-nns !c n. T �a i... � ., F-- . . . {,, 40 n 'r �l4 7 ' a0 " J7.0 i t TS, S Y its{�•5 7,i �,f ?� > ]x..`c�.._�??.>� a f� C ob h `,4,.,;`.73 Yt v,.' Agi;7iii^.. u4. A �d .F. .�rv:w,Hv.�.r .s a i! ,- . yy.. 6 225/70R 19.5 Tires aAc 6 Ea 12 2r3d0 ,p,,, ' et,. cno 7 245/75R 17 Tires ,+Q /--'G Ea 30 /80 , 0 o I,? 100 ki..% cf, o 1 yc '6, ee0 8 235/80R 17 Tires /0760.'G Ea .ea'eso, cD a 9 Tire Repair Ea 100 -7 9 ©c ,9e c o 0 ,, 'C R 11P" r Sf PP JNITS `! fi, r'r i , 10 265/70R 17 Tires Ea 24 .- d''5 0, 6a'cr. (1).`Q $11,000.00 _ 4,C! itailfAiiiItatil&f.Nil aniRMAIVOICOF .'11611-. ...r"IgiVitiYiteilVeCit 11 255/65R 17 Tires .120;,—C Ea 24 12 245/65R 17 Tires6 i se.J fe- Ea 8 13 265/75R 16 Tires ‘-'7.e.,". Ea Ea 2 4 ,,,,,eer ,,,7.0. cP0 Rec_C›<D 3 F r e. 6' 0 14 245/75R 16 Tires / 15 P235/70R 16 Tires4 ,4-6- Ea 8 p ,7 . t, 0 16 P215/60R 16 Tires e..." Ai i Ea 2 235/75R 15 Tires 4/4e.,„› ,,e Ea Ea 4 4 96-: cr. c, su 0 v3er.54: 00 ,e• 0 18 P225/70R 15 Tires.c.9fr--G"' 19 P215/60R 15 Tires "....) 1 Ea 42r-......‹, 0, 20 P195/60R 15 Tires 40‘.--6. Ea 4 "5-44, , rm. 0 4..? acP. (D0 21 235/50R 17 Tires ,.."-'77c- er-1 Ea 20 22 ",..:::34F1,f,*:. ' g:q.e4f=iae,1:laVkY,At:ZgWth-'7.S'a?617'tlit'k Tire Re.oir Ea 100 ,,-- ,-51..kvpip-ck, ,,,,...-,f447.,,4.4,,,.:,..,,,r.,,,,,,,i(,) ...„,2,,,,:n,pt,,A- :,,,..-,,-t,c.i. 1-V vrl'.: '-'''.', ...,-t P'x'•''zz:-) i--"IVAV -, .t-t.S.V,•-ZidiV2i, ''': i!liTtitliNgt_g, j 9 , / Prices for Roadside Service Ea 100 2 1 After hours Service Cali Ea 100 r 99,510.00 Attachment C: Insurance Requirement Insurance Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1. 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 the subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator (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 AUTOMOBILE LIABILITY (including) 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Part B of This Exhibit $500,000 / $500,000 / $500,000 Page 1 of 3 3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. B. Additional Requirements - 1. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in 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. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit 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 Management P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy. Page 2 of 3 • 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. 5. 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. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2017 Insurance Requirements Purchasing - Fire Dept. Tire Repair and Replacement Service 05/16/2017 sw Risk Management Page 3 of 3 Attachment D: Warranty Requirement Warranty A. The Contractor hereby warrants all Tires and Accessories as set in the contract and the individual manufacturer's warranty documents. The Contractor will respond, on-site for all warranty repairs within one hour following notice from Contract Administrator. B. All items shall be guaranteed for a minimum period of one year against defects in material and workmanship. C. Material and workmanship ethics shall be of the highest quality currently used in the maintenance of commercial fleet tires in accordance with the tire industry association (TIA). Page 1 of 1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1011 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-250006 Date Filed: 08/15/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Beasley Tire Service- Houston Inc. Houston, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 978 Tire Repair & Replacement Services 4 Name of Interested Party City,State, Country (place of business)(check Nature of Interest applicable) Controlling Intermediary Hatley, Michael Houston, TX United States X Beasley, Robert Houston, TX United States X Beasley Tire Service- Houston Inc. Houston, TX United States X 5 Check only if there is NO Interested Party. ❑ - . 6 AFFIDAVIT AFFIX Sworn 203-1 I swear, or affirm, under penalty of perjury, that the . a above disclosure is true and correct. STACEY LYNN MITCHELL *►* NOTARY PUBLIC %" }e STATE OF TEXAS i 0 COMM. EXPIRES 07-21-2019ti 44 ( ��,r��� ' t M 1 , I f i % Cr t� f Signature of ^ it -. contracting 5 a business entity day of _1 .5LIJI" . 1-f t4G.+-` , this the NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said \ , to certify which, witness my hand and seal of office. &Q,1'10 i` Yf dT. .[ t � A/ ' t � Signaturee of icea� dministering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 12, 2017 Action Item for the City Council Meeting of September 19, 2017 DATE: TO: September 6, 2017 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: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Professional Services Contract Tourist Area Amenities — Wayfinding Initiative Motion authorizing the City Manager or designee to execute a professional services contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $251,860 for the Tourist Area Amenities — Wayfinding Initiative project PURPOSE: The purpose of this Agenda Item is to obtain authority to execute to the professional services contract for the Tourist Area Amenities — Wayfinding Initiative project. BACKGROUND AND FINDINGS: This item develops Wayfinding concepts to achieve an enhanced image and sense of arrival into the Downtown. During design of several ongoing Bond 2012 and 2014 projects, including Downtown Road and Streetscape Improvements, need for a comprehensive Wayfinding guide became critical to cost effectively implement planned improvements. This project provides for development and design of Wayfinding standards in four areas; Downtown District, SEA District, Marina Arts District and North Beach. The Wayfinding System will create a consistent practical network for navigating each of the areas, while supporting unique branded identities for each area within greater Downtown. These Wayfinding strategies will directly enhance ongoing Bond projects including the Downtown Road and Streetscape Improvements. The Downtown Road and Streetscape project included nominal Wayfinding efforts for a limited area within the Downtown District, but lacked funding to fully develop standards for the entire District. Additionally, it is essential to formalize standards for all four areas to cost effectively implement a consistent network to key destinations. The work includes developing the implementation plan, preparation of design standards and specifications, and includes fabrication and installation of signs. All work will be coordinated through meetings and discussions with key stakeholders including the Downtown Management District, affected property owners, Texas Historical Commission, and City Parks & Recreation, Streets & Signals, Engineering Services, Business Liaison Office, Utilities and others as needed. Wayfinding Objectives: • Emphasize Downtown as a Destination • Highlight Key Attractions • Enhance the User's Experience and Orientation to choose the route • Improve Mobility • Integrate a Range of Navigation Tools • Reinforce Community Identity • Enhance Urban Design • Develop a System that can be implemented The work includes design services for Wayfinding and Signage Schematic Design, Design Development and Programming, Design Intent Documentation, Wayfinding Assessment, Sign Standards Manual, and Implementation Planning services. Design work includes preparation of digital vector art and/or electronic art files for use by fabrication and sign installation contractor. The following areas of the City are included: • Downtown Corpus Christi • Uptown District • North Beach • SEA District Tools anticipated to be developed include: • District Gateways • Vehicular Directional Signs • Parking Directional Signs • Municipal Parking Garage & Lot Identity Signs • Pedestrian Directional Signs • Pedestrian Information Kiosks • Historical/Cultural Information Sign Standards • Banner Standards • Special Events Sign Standards The fabrication and installation will be implemented through separate contract. ALTERNATIVES: 1. Authorize execution of engineering design services contract. 2. Do not authorize execution of engineering design services contract. (Not Recommended) OTHER CONSIDERATIONS: Freese and Nichols, Inc. (FNI) is the design engineer that was selected for the Downtown Road and Streetscape project under RFQ 2014-08, which includes limited Wayfinding. As such, FNI was the most qualified team to complete this project. CONFORMITY TO CITY POLICY: Complies with statutory requirements for architectural and engineering 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 Expenditures (CIP only) Current Year Future Years TOTALS Budget $435,000 $435,000 Encumbered / Expended Amount 0 0 This item 251,860 251,860 Future Anticipated Expenditures This Project 183,140 183,140 BALANCE $0 $0 Fund(s): Hotel Occupancy Tax Comments: N/A RECOMMENDATION: City staff recommends approval of a professional services contract with Freese and Nichols, Inc. in the amount of $251,860 for the Tourist Area Amenities — Wayfinding Initiative project. LIST OF SUPPORTING DOCUMENTS: Project Budget AE Proposal Location Map Presentation PROJECT BUDGET ESTIMATE Tourist Area Amenities - Wayfinding Initiative PROJECT FUNDS AVAILABLE: Hotel Occupancy Tax (HOT) 435,000 TOTAL FUNDS AVAILABLE $ 435,000 FUNDS REQUIRED: Construction N/A Fabrication and Construction to be completed through separate contract N/A Contingency (10%) N/A Construction Inspection and Testing 6,000 Construction Inspection (Estimate) 5,000 Construction Phase - Materials Testing Services (estimate) (TBD) 1,000 Design: Engineer (Freese and Nichols) THIS ITEM 251,860 Reimbursements and Staff Augmentation: Total Reimbursements 22,200 Contract Administration (Engineering Svcs Admin/Finance/Capital Budget) 8,700 Engineering Services (Project Mgt/Constr Mgt) 13,000 Misc. (Printing, Advertising, etc.) 500 TOTAL $ 280,060 * ESTIMATED PROJECT BUDGET BALANCE $ 154,940 * Remaining balance will be used for fabrication and installation of signs. CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) E17072 Tourist Area Amenities - Wayfinding Initiative The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Freese and Nichols, Inc., a Texas corporation, 800 N. Shoreline Blvd., Suite 1600N, Corpus Christi, Nueces County, Texas 78401, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES 2 ARTICLE II QUALITY CONTROL 3 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 7 ARTICLE X OWNER REMEDIES 7 ARTICLE XI CONSULTANT REMEDIES 8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 8 ARTICLE XIII MISCELLANEOUS PROVISIONS 10 EXHIBITS Page 1 Rev. 17-9 KAENGINEERING DATAEXCHANGE ANGIEMITOURIST1E17072 TOURIST AREA AMENITIES WAYFINGIND INITIATIVE12017 0907 CONTRACT PROFESSIONAL SERVICES.DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed 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. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant (in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services 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 mit-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. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A and A- 4. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3"d party owners/operators. Page 2 Rev. 17-9 K:IENGINEERING DATAEXCHANGEIANGIEMITOURISTIE17072 TOURIST AREA AMENITIES WAYFINGIND INITIATIVE12017 0907 CONTRACT PROFESSIONAL SERVICES.DOC 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.9 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. 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. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, 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 $251,860. 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, , 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. Page 3 Rev. 17-9 KIENGINEERING DATAEXCHANGEVWGIEMITOURISTiE17072 TOURIST AREA AMENITIES WAYFINGIND INITIATIVE -2017 0907 CONTRACT PROFESSIONAL SERVICES.DOC 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; 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. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. 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 Effective Date. The Agreement may bo appreved-Ghang86. Page 4 Rev. 17-9 K 1ENGINEERING DATAEXCHANGE'ANGIEMITOURISTVE17072 TOURIST AREA AMENITIES WAYFINGIND INITIATIVB2017 0907 CONTRACT PROFESSIONAL SERVICES.DOC 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 ten 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. 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. 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, 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 Page 5 Rev. 17-9 KIENGINEERING DATAEXCHANGE1ANGIEMITOURIST1E17072 TOURIST AREA AMENITIES WAYFINGIND INITIATIVE12017 0907 CONTRACT PROFESSIONAL SERVICES. DOC Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE 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. Page 6 Rev. 17-9 KIENGINEERING DATAEXCI IANGEWNGIEMITOURIST1E17072 TOURIST AREA AMENITIES WAYFINGIND INITIATIVE12017 0907 CONTRACT PROFESSIONAL SERVICES.DOC 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX — RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 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. Page 7 Rev. 17-9 K:IENGINEERING DATAEXCHANGEIANGIEMITOURISTlE17072 TOURIST AREA AMENITIES WAYFINGIND INITIATIVE12017 0907 CONTRACT PROFESSIONAL SERVICES.DOC 10.2 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. 10.3 The Consultant may be required to revise bid documents and re -advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 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. Page 8 Rev. 17-9 K:IENGINEERING DATAEXCHANGEIANGIEMITOURIST\E17072 TOURIST AREA AMENITIES WAYFINGIND INITIATIVE12017 0907 CONTRACT PROFESSIONAL SERVICES.DOC 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 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 fling 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 attomey'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. Page 9 Rev. 17-9 K:IENGINEERING DATAEXCHANGEIANGIEMITOURISTE17072 TOURIST AREA AMENITIES WAYFINGIND INITIATIVE12017 0907 CONTRACT PROFESSIONAL SERVICES.DOC 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 ofcompensation, has been approved in writing by the City. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any 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 under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 13.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement, attached as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https:l/www.ethics.state.tx.us/whatsnewlelf info form1295.htm. The form must then be printed, signed, Page 10 Rev. 17-9 KIENGINEERING DATAEXCHANGE ANGIEMf1TOURIST\E17072 TOURIST AREA AMENITIES WAYFINGIND INITIATIVE\2017 0907 CONTRACT PROFESSIONAL SERVICES DOC notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46. html. 13.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.9 Controlling Law. This Agreement is govemed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.10 Severabilitv. 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 Articles I -XIII of this Agreement (Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI FREESE AND NICHOLS, INC. Jeff H. Edmonds, P. E. Date Rn Guzman, P.E. Date Director of Engineering Services 800 N. Shoreline Blvd., Suite 1600N Corpus Christi, TX 78401 (361) 561-6500 Office ron.guzman@freese.com APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST City Secretary Date Project Number E17072 Accounting Unit 1030-13817-734 Account 530000 Activity E17072011030EXP Account Category 30000 Fund Name Hotel Occuoancv Tax Fund Page 11 Rev. 17-9 KIENGINEERING DATAEXCHANGEIANGIEMITOURIST1E17072 TOURIST AREA AMENITIES WAYFINGIND INITIAT1VE12017 0907 CONTRACT PROFESSIONAL SERVICES DOC EXHIBIT A SCOPE OF SERVICES {{Insert Proposal & Scope of Services from A/E}} Contract for Professional Services Exhibit A EXHIBIT "A" Page 1 of 11 I irn ZEUS Innovative approaches Practical results Outstanding service 800 N. Shoreline Blvd., Suite 1600N • Corpus Christi, Texas 78401 • 361-561-6500 • fax 361-561-6501 www.freese.com September 7, 2017 Mr. Chris Hale Project Manager Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 RE: Proposal for Tourist Area Amenities — Wayfinding Initiative City Project Number E17072 Mr. Hale: Freese and Nichols, Inc. (FNI) is pleased to submit this professional services proposal as the basis for a lump sum engineering services contract. This effort will consist of design of new wayfinding signage for the greater Downtown area. The project area includes downtown area streets as well as Uptown, North Beach, and the SEA District. While the developed Wayfinding standard can be applied City-wide, the design for wayfinding signage installation will be limited to only those locations at this time. PURPOSE As directed by Alyssa Barrera with the City Manager's Office, the purpose of this project is to design and implement a Wayfinding System for the Downtown area. This Wayfinding System will be designed to create a consistent practical network for navigating the community, while supporting the unique branded identities for each area within the greater Downtown. New Wayfinding system goals • Emphasize Downtown as a Destination • Highlight Key Attractions • Enhance the User's Experience • Improve Mobility • Integrate a Range of Navigation Took • Reinforce Community Identity • Enhance Urban Design • Develop a System that can be implemented BASIC SERVICES 1.1 SCOPE OF BASIC SERVICES 1.1.1 The Consultant shall perform as Basic Services, experiential graphics including Wayfinding and Signage Schematic Design, Design Development and Programming, Design Intent Mr. Hale Page 2 September 6, 2017 Documentation, Wayfinding Assessment, Sign Standards Manual, and Implementation Planning services. These services do not include mechanical, electrical, or other engineering services. These services do not include preparing or retaining a subconsultant to provide Language Translation services. 1.1.2 The following areas of the City are included: Downtown Corpus Christi Uptown District North Beach SEA District 1.1.3 Tools anticipated to be developed include: District Gateways Vehicular Directional Signs Parking Directional Signs Municipal Parking Garage & Lot Identity Signs Pedestrian Directional Signs Pedestrian Information Kiosks Historical/Cultural Information Sign Standards Banner Standards Special Events Sign Standards 1.1.4 Elements not included in this scope are a certified GIS mapping system, DOT signage, Municipal Parks & Recreation sign system, Cyclist specific signage, signage prototypes, and a finished map for web, print or pedestrian signage. 1.2 GENERAL RESPONSIBILITIES OF THE CONSULTANT 1.2.1 The Consultant shall coordinate its services with the Owner and others as may be necessary and requested by the Owner to the extent that the Consultant's services relate to the other consultant's services. 1.2.2 The Consultant shall attend project planning and design work sessions, and presentation meetings and shall prepare written meeting reports regarding all discussions pertaining to the graphic services and distribute copies to the Owner and others as may be necessary and requested by the Owner. 1.3 PHASE 1— WAYFINDING AND SCHEMATIC DESIGN 1.3.1 Task 1— Orientation to the Community (3 months) • Attend a kick-off meeting with the City Representatives to understand the goals and vision for the Project. • Conduct and lead working sessions with stakeholder groups (2 -day maximum, late afternoon or evening sessions, small groups at 1 hour each). • Receive and review Summary documentation of related work accomplished to date. IEXHIBIT "A" I Page 2 of 11 Mr. Hale Page 3 September 6, 2017 • Gather aesthetic, functional and budget input from City Representatives, and others, including the Cyclist Sign Designer. • Identify "Best Practice" concepts to be employed in the design of the system. • Research current City -owned sign making/maintenance equipment for methods and capabilities, if any. • Conduct a general photographical survey of existing wayfinding signage and conditions. (Downtown only) • Analyze circulation patterns for drivers, cyclist, commuters, pedestrians, and tourists. (Downtown only) • Identify and record locations of key landmarks, gateways, pathways and destination. (Downtown only) • Develop a routing plan leading to all identified key landmarks and destinations. (Downtown only) • Prepare a preliminary hierarchy for element types based on purpose, location, and function. • Develop a plan of approach to solving the wayfinding issues identified. • Develop preliminary element location plans and element descriptions required to define the scope. • Research and define opportunities for technological links, such as the Corpus Christi Conventions & Visitors Bureau maps, websites and visitor information distribution systems, including customizable map templates. • Prepare presentation materials. • Present Wayfinding Assessment and approach to the City Representatives, and others as may be necessary and requested by the Owner. A maximum of 3 hard copies will be provided. Electronic copy will be made available, 1.3.2 TASK 2 —Schematic Design • Research historic, architectural and environmental factors to develop design aesthetics. • Review the Branding guidelines of the City. • Refine the element hierarchy list as needed. • Prepare preliminary vehicular and pedestrian destination lists (Downtown only), to be reviewed by City Representatives and the destinations. • Prepare schematic concepts (2-3 options) based on limited number of sign types, including purpose, sample message, size, format, typography, illumination, color/finish, support mechanisms, and material options. Designs will take into account TMUTCD sign standards. • Prepare a preliminary production cost estimate of the schematic concepts illustrated. • Present design concepts and cost estimates to the City Representatives and others as may be necessary and requested by the Owner. A maximum of 3 hard copies will be provided. Electronic copy will be made available. 1.4 PHASE 2 — DESIGN DEVELOPMENT 1.4.1 TASK 1— Design Development • Incorporating the City's comments, develop one design concept to show the "family" of signs, illustrating each sign component. IEXHIBIT "A" 1 Page 3 of 11 Mr. Hale Page 4 September 6, 2017 • Review the signage concept with regulatory agencies having jurisdiction over right-of-ways, codes and ordinances, historical buildings and areas, or visual characteristics of the signage. Incorporate appropriate input into the signage concept. • Prepare preliminary sign location plans and message schedule for known element locations. A two (2) submission process will be coordinated for review and approval by City Representatives, and the destinations. [Location Plans will be created in Adobe Illustrator software, and the Message Schedule will be provided in Filemaker Pro software.) • Obtain a couple of fabricator cost estimates for the entire "family" of signs, and prepare a revised sign system cost estimate based off preliminary programming. • Prepare a draft of the Sign Standards Manual. • Present the concept to the Owner and others as may be necessary and requested by the Owner. A maximum of 3 hardcopies will be provided. Electronic copy will be made available. • Sign location plans and message schedule submittals (2) will be provided concurrently through this phase. 1.5 PHASE 3 — FINAL DOCUMENTATION 1.5.1 TASK 1— Design Intent Documentation (3 Months) • Finalize design concept of all required sign types. • Prepare design intent documents for each element type required. • Obtain Structural Engineer drawings and calculations of all required sign types. • Coordinate with City representative to finalize power and structural drawings as needed. • Develop bid documents templates including unit price sheets and submittal requirements such as samples, bonds, guarantees, product information, maintenance manuals, and Specifications Section CSI 1014 CO. • Continue creating the Sign Standards Manual document. • Review the Manual with the City, and others as may be necessary and requested by the Owner. A maximum of 3 hard copies will be provided. Electronic copy will be made available_ 1.5.2 TASK 2 — Finalize Location Plans & Message Schedule (Downtown only) • Field survey sign locations with City representative(s) and other required agencies (approx. 50 locations per day, maximum 3 days). This does not include field mark -outs at this time. • Finalize location plans and message schedule of all required sign types. • Deliverable: Location Plans to be tabloid size (11x17), with overall and quadrant close-ups on City street plans. The photographic survey will accompany the document. Message Schedule to be letter size (8.5X11), including all messages and terminology. • Review the Location Plans and Message Schedule with the City, and others as may be necessary and requested by the Owner. A maximum of 3 hard copies will be provided. Electronic copy will be made available. 1.5.3 TASK 3 — Phasing Plan • Develop optional plans for implementation based on identified priorities, budgets and/or element types. • Provide an estimated timeline of construction based an various identified construction scopes. EXHIBIT "A" I Page 4 of 11 Mr. Hale Page 5 September 6, 2017 • Identify the scope of the Initial Construction Implementation Project for which Construction Administration Services are to be provided. • Provide specifications for on-going element maintenance, cleaning, replacement, and landscape maintenance recommendations. • Finalize the Sign Standards Manual including: - Format, Program Description, Inclusion Criteria - Graphic Standards and Brand Mark usage - Element Design Intent Documents - General Specifications - Element Selection and Location Criteria and Guidelines - Maintenance and Replacement Guidelines • Present the Phasing Plan and Sign Standards Manual to the City, and familiarize their Representatives on the Manual usage. ARTICLE 2: ADDITIONAL SERVICES (Not in Scope) 2.1 The following services shall be Additional Services and not included in the scope of services and the Consultant shall be compensated for such services according to the Prime Agreement, or as otherwise agreed: 2.1.1 Making revisions in drawings, specifications, or other documents when such revisions are inconsistent with approvals or instructions previously given by the Owner, or by adjustments in the Owners' program or Project budget; or required by the enactment or revision of applicable laws or codes. 2.1.2 Providing services as necessary for the preparation of digital vector artwork made necessary as a result of any change made by the Owner in scope or concept selection of the Project. 2.1.3 Providing or retaining a Language Translation sub consultant for the project, should the City not provide translation services. FEE Freese and Nichols, Inc. proposes to perform the scope of services listed above for the following fees listed below: EXHIBIT "A" Page 5 of 11 Task Deliverable Approximate Delivery Date Fee 1.3.1 Wayfinding Assessment (Lump Sum) Wayfinding Assessment Report 6 weeks from NTP $ 79,313 1.3.2 Schematic Design (Lump Sum) Design Concepts and Cost Estimates 10 weeks from NTP $ 11,592 EXHIBIT "A" Page 5 of 11 Mr. Hale Page 6 September 6, 2017 1.4.1 Design Development (Lump Sum) Draft Sign 17 weeks from $ 13,421 Standards NTP Manual 60% Design 17 weeks from $20,769 Submittal NTP 1.5.1 Design Intent Documentation (Lump 100% Design 24 weeks from $62,851 Sum) Submittal NTP 1.5.2 Finalize Sign Standards Manual (Lump Final Sign 28 weeks from $ 63,914 Sum) Standards NTP Manual Sincerely, Ron Guzman, P. Principal, Corpus Christi Office cc: Kirk Millican, Winston Silva, Shane Torno IEXHIBIT "A" Page 6 of 11 EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Tourist Area Amenities — Wayfinding Initiative City Project No. E17072 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer-NE (also referred to as Consultant) will: a) Prepare Powerpoint presentation in City format for City Council Meeting. b) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. c) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. d) Prepare preliminary opinions of probable construction costs for the recommended improvements. e) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. f) Identify and recommend public outreach and community stakeholder requirements. g) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic - level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross- sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right-of- way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of govemmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 5. 6. Provide anticipated index of drawings and specifications. h) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. L•IResource AOLCR C Coipus Qu C - Twee Area Amenities - Wayttncring Initialhrel2 EXHIBIT A LARGE AE REVISED.doc I EXHIBIT "A" I Page 7 of 11 i) Hold Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report. j) Assimilate all review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. City staff will provide one set only of the following information (as applicable): a) Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b) The preliminary budget, specifying the funds available for construction. c) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department, e) Applicable Master Plans and GIS mapping are available on the City's website. f) The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Anv unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Prepare construction documents in City standard format for the work identified in the approved ELR. Include standard City of Corpus Christi detail sheets as appropriate. b) Prepare construction plans in compliance with CPPSCF using English units on 24"x 36" plan sheets that can be reduced to 11"x 17". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. c} Furnish one (1) set of the interim plans (60% submittal - electronic and full-size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. d) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. e) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copies using City Standards as applicable) for City's final review. f) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full-size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. LaResources\OLCRIC',Carpus ChristaCOCC • Tourist Area Amenities - Way riding Initi ative52 EXHIBIT A LARGE AE REVISED.Ooc IEXHIBIT "A" Page 8 of 11 I EXHIBIT "A" I Page 9 of 11 g) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee. Consultant has not adequately addressed City -provided review comments or provided submittals in accordance with City standards. h) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. NA a) 4. Construction Administration Phase. NA B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: 1. Permit Preparation. NA 2. Right -of -Way (ROW) Acquisition Survey. NA 3. Topographic Survey and Parcel Descriptions NA 4. Environmental Issues. NA 5. Public Involvement. NA 6. Subsurface Utilitv Investigation. NA 7. Construction Observation Services. NA 8. Start-up Services. NA L: Resourew!CLCR1C\Corpun Christi1000C - Tourist Area Amenities - Wayfinaanp initiative2 EXHIBIT A LARGE AE REVISED.doc 9. Warranty Phase. NA Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". II. SCHEDULE Date Activity TBD NTP NTP + 6 weeks Wayfinding Assessment NTP + 10 weeks Schematic Design NTP + 13 weeks City Review NTP + 18 weeks Draft Sign Standards Manual Submittal NTP + 21 weeks City Review NTP + 17 weeks 60% Design Submittal (Downtown Area only) NTP + 20 weeks City Review NTP + 24 weeks 100% Design Submittal NTP + 27 weeks City Review NTP + 28 weeks Final Sign Standards Manual Submittal NTP + 31 weeks City Review NTP + 34 weeks Final Design Submittal III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-4, A/E will submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to NE's monthly statements. B. Fee for Additional Services. NA L•1Resourcei LCR1C.Corpus CRrtstI COCC - Tourist Area Amentftas • WaytlncEng In 1Ietivel2 EXHIBIT A LARGE AE REVISED.doc EXHIBIT "A" Page 10 of 11 Summary of Fees Basic Services Fees 1. Preliminary Phase $ 90,905 2. Design Phase $160,955 3. Bid Phase NA Subtotal Basic Services Fees $251,860 Additional Services Fees (Allowance) 1. Permit Preparation NA 2. ROW Acquisition Survey NA 3. Topographic Survey and Parcel Descriptions NA 4. Environmental Issues NA 5. Public Involvement NA 6. Subsurface Utility Investigation NA 7. Construction Observation Services NA 8. Start-up Services NA 9. Warranty Phase NA 10. Installation (Time and Materials) NA Sub -Total Additional Services Fees Authorized NA Total Authorized Fee $ 251,860 L•1Rasowces\CLCR1GlCorpus ChriwICCCC • Tourist Area Amenities - Wayananp Initiativa52 EXHIBIT A LARGE AE REVISED.doe IEXHIBIT "A" I Page 11 of 11 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 08 M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees EXHIBIT B SAMPLE PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 0727100 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0°% 0 0 1,627 1,627 0 0 0 0°% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 3500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 312,997 $1,250 $1,500 $3,000 23% Contract for Professional Services Exhibit B EXHIBIT C Insurance Requirements Pre -Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no Tess than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: Contract for Professional Services Exhibit C 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 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder. 1.6.2 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall notify City of such lapse in coverage and 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 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. Contract for Professional Services Exhibit C EXHIBIT D DISCLOSURE OF INTEREST Contract for Professional Services Exhibit D e;11 Cory of Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Freese and Nichols, Inc. P. O. BOX: 800 N. Shoreline Blvd., STREET ADDRESS: Suite 1600N FIRM IS: 1. Corporation 134 4. Association CITY: Corpus Christi 2. Partnership 5. Other e zip: 78401 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) NIA 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 NIA 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 NIA 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)j CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ron Guzman, P.E. Title: Principal (Type or Print) Signature of Certifying Person: DEFINITIONS Date: Z,21,, 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, mist, 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 form, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g. EXHIBIT E CERTIFICATE OF INTERESTED PARTIES (FORM 1295) Contract for Professional Services Exhibit E CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft 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: 2017-257740 Date Filed: 09/07/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Freese and Nichols, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. #17072 Professional engineering design services for new wayfinding signage for the greater Downtown area. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Hatley, Tricia Oklahoma City, OK United States X New, John San Antonio, TX United States X Payne, Jeff Dallas, TX United States X Coltharp, Brian Fort Worth, TX United States X Milrany, Cindy Fort Worth, TX United States X Nichols, Michael Fort Worth, TX United States X Herchert, Robert Fort Worth, TX United States X Pence, Robert Fort Worth, TX United States X Gooch, Thomas Fort Worth, TX United States X 5 Check only if there is NO Interested Party. 6 AFFIDAVIT t swear, or affirm, under li) 2 penalty of lemil4 penury, that the above disclosure is true and correct. A 7 Signatult of au orized agent of contracting business entity AFFIX NOTARY STAMP I SEAL ABOVE � Sworn to and subscribed before me, by the said QYi G L,L-Le ' f , this the 7141 day ofSaIrteil'Y1 beir 20 11 , to certify which, witness my hand and seal of office. • ' USA. KO'fart PLLi'(iL ms'" Signatu of officer a• inistering, :.7 Printed name o affic r inistering oath Tit of fficer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us ersion v1.u. Christi anal Drt 44€5 PROJECT LOCATION E 47 ci 2 DA 24441 CorpCorpiiChristi Spj0 47.3 LOCATION MAP NOT TO SCALE SCALE: N.T.S. Wad l.,Iand '3: -ti's NAS Run Pp! Project Number: E17072 Tourist Area Amenities Wayfinding Initiative CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Tourist Area Amenities Wayfinding Initiative Corpus Chr sti Engineering Council Presentation September 12, 2017 Project Vicinity �hrsti Engineering Texas State Aq Ito TOURIST AREA AMENITIES WAYFINDING INITIATIVE Corpus Chry... 1 Sitt SCALE: NI N. Project Location Lo) Corpus Chr sti Engineering TOURIST AREA AMENITIES WAYFINDING INITIATIVE t SCALE NTS • Crosstown Water's Edge/Bayshore Park Marina Arts District Arth Beach WAYFINDING FOCUS AREAS 3 Project Scope Corpus Chr sti Engineering Improvements to downtown streetscape (Laredo, Agnes, and Mesquite area and/or People and Lawrence Street) including the following: • Wayfinding signage and gateways • Visibility enhancements > New trash cans and recycle bins > Vegetated planters > Light pole medallions > Benches > Miscellaneous (other) • Project public outreach and coordination with DMD Project Scope a1/1 Cous Chr s Comps ti Engineering Tools anticipated to be developed include but are not limited to: • District Gateways • Vehicular, Parking, and Pedestrian Directional Signs • Municipal Parking Garage & Lot Identity Signs • Pedestrian Information Kiosks • Historical/ Cultural Information, Banner, and Special Events Sign Standards Wayfinding in Texas ‘11111. ‘._ Corpus Chr sti Engineering 6 Wayfinding in Texas �hrstii Engineering Texas Ranger Museum Tourist Info Center lEfl Baylor Linty Visitors Centea. Texas Sports Museum SW Region Uttle Leagut Ferrell Center Wayfinding in Corpus Christi �hrsti Engineering Out of Date and Complete References; Lack of Hierarchy Project Schedule ‘11111. ‘._ Corpus Chr sti Engineering 2017 2018 Design May Installation Wayfinding Initiative Estimate: Oct 2017 - Sep 2018 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 12, 2017 Action Item for the City Council Meeting of September 19, 2017 DATE: TO: August 31, 2017 Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P. E., Executive Director, Public Works valerieg@cctexas.com (361) 826-3729 Jeffrey H. Edmonds, P. E., Director, Engineering Services jeffreye@cctexas.com (361) 826-3851 Advance Funding Agreement (TxDOT) Sports, Entertainment, and Arts (SEA) District Pedestrian Improvements (Bond 2012, Proposition 8) CAPTION: Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) for the Sports, Entertainment, and Arts (SEA) District Pedestrian Improvements project with the City's required payment to TxDOT in the amount of $21,000 for reimbursement of direct state costs. (Bond 2012, Proposition 8) PURPOSE: The purpose of this Agenda Item is to execute an Advance Funding Agreement (AFA) with TxDOT for the SEA District Pedestrian Improvements project. A payment of $21,000 is required to TxDOT for the direct state costs related to their oversight of environmental, right of way, engineering, utility, and construction of this project. BACKGROUND AND FINDINGS: The project was developed as a joint City/TxDOT project with a respective 20/80 construction cost sharing under Bond 2012 Prop 8. Bond 2014 Brochure Description: "SeaTown (a.k.a. S.E.A. District) Pedestrian Improvements This project is the first phase in implementing recommendations from the Building Blocks for Sustainable Communities' Walkability Audit, conducted in May 2012. It includes improvements for Port Avenue, Mesquite Street, Brewster Street and Chaparral Street to create walkability in this area." Project Description: The project includes construction of an accessible pedestrian route with new illumination for approximately 1,300 feet on Brewster and North Chaparral. The improvements on Brewster Street are from North Broadway Street to North Chaparral Street with the North Chaparral Street improvements from Brewster Street to Harbor Drive. The AFA outlines the terms and conditions that includes a construction cost of $1,200,000 with maximum cost participation from TxDOT set at $960,000 (80%) and City share of $240,000 (20%) plus reimbursement to TxDOT for state direct cost in the amount of $21,000. The City is also responsible for the design, bidding and construction award plus any construction costs that exceed the $1,200,000. The design for the project is nearing completion and is planned for bidding in November 2017 with construction starting by spring 2018. ALTERNATIVES: 1. Execute the Advance Funding Agreement with TXDOT. (Recommended) 2. Do not execute the Advance Funding Agreement with TXDOT. (Not recommended) CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: Fiscal Year 2016-2017 Project to Date Budget and Expenditures Current Year Future Years TOTALS Budget $21,000.00 $21,000.00 TxDOT Projected Participation Total Budget Encumbered / Expended Amount This item (TxDOT) 21,000.00 21,000.00 Future Anticipated Expenditures This Project BALANCE 0.00 $0.00 Fund(s): Street CIP RECOMMENDATION: City staff recommends approval of the Resolution to enter into the Advance Funding Agreement. LIST OF SUPPORTING DOCUMENTS: Location Map Resolution Advance Funding Agreement Presentation SHIP CHANN z 0 0 z o 0 o; PROJECT LOCATION a SCALE: N.T.S. CORPUS CHRISTI BAY TEXAS A&M UNIVERSITY CORPUS CHRISTI CORPUS CHRISTI NAVAL AIR STATION FLOUR BLUFF LOCATION MAP NOT TO SCALE LAGUNA MADRE Project Number: E12134 SPORTS, ENTERTAINMENT and ARTS (SEA) DISTRICT PEDESTRIAN IMPROVEMENTS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN ADVANCE FUNDING AGREEMENT (AFA) WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE SPORTS, ENTERTAINMENT, AND ARTS (SEA) DISTRICT PEDESTRIAN IMPROVEMENTS PROJECT WITH CITY'S REQUIRED PAYMENT TO TXDOT IN THE AMOUNT OF $21,000 FOR REIMBURSEMENT OF DIRECT STATE COSTS. (BOND 2012, PROPOSITION 8) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute an Advance Funding Agreement (AFA) for the Sports, Entertainment, and Arts (SEA) District Pedestrian Improvements project with the Texas Department of Transportation (TXDOT) with the City's required payment to TXDOT in the amount of $21,000 for reimbursement of direct state costs. SECTION 2. The City Manager or designee is authorized to execute all related documents necessary to administer said Advance Funding Agreement, including minor amendments thereto. ATTEST THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas of , 2017 Joe McComb Mayor The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn CSJ #0916-00-068 District # CRP 16 Code Chart 64 #09800 Project: Pedestrian Improvements in the Sports Entertainment & Arts District Federal Highway Administration CFDA Title: Highway Construction and Planning CFDA No.:20.205 Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For An Surface Transportation Program — Metro Mobility / Rehabilitation Project OFF SYSTEM THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State", and the City of Corpus Christi, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order Number 114670 that provides for the development of, and funding for, the Project described herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated , 20_, which is attached to and made a part of this agreement as Attachment A for the development of the Project. A map showing the Project location appears in Attachment B, which is attached to and made a part of this agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. Period of the Agreement The period of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA Termination of this LPAFA shall be under the conditions as stated in the Master Agreement. This LPAFA may be terminated by the State if the Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds. 3. Amendments Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work The scope of work for this LPAFA is described as improvement in the SPORTS ENTERTAINMENT & ARTS District that includes constructing an accessible pedestrian route along Brewster Street from N. AFA-LPAFA_ShortGen.doc Page 1 of 10 Revised 10/18/2016 CSJ #0916-00-068 District # CRP 16 Code Chart 64 #09800 Project: Pedestrian Improvements to the Sports Entertainment & Arts District Federal Highway Administration CFDA Title: Highway Construction and Planning CFDA No.:20.205 Not Research and Development Broadway Street to N. Chaparral Street and along N. Chaparral Street from Brewster Street to Harbor Drive. Pedestrian improvements include 5', 8', and 10' wide sidewalks varying across the project route, ADA accessible ramps where needed and lighting. 5. Right of Way and Real Property Right of way and real property shall be the responsibility of the Local Government as stated in the Master Agreement, without exception. 6. Utilities Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement, without exception. 7. Environmental Assessment and Mitigation Environmental assessment and mitigation will be carried out as stated in the Master Agreement. Additionally, before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 8. Compliance with Texas Accessibility Standards and ADA Compliance with Texas Accessibility Standards and the Americans with Disabilities Act (ADA) will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services Architectural and engineering services will be provided by the Local Government as stated in the Master Agreement. The Local Government is responsible for performance of any required architectural or preliminary engineering work. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials design standards. The State may review and comment on the work as required to accomplish the public purposes of the Local Government. The Local Government will cooperate fully with the State in accomplishing these local public purposes to the degree permitted by State and Federal law. 10. Construction Responsibilities Construction responsibilities will be carried out by the Local Government as stated in the Master Agreement. 11. Project Maintenance Project maintenance will be undertaken as provided for in the Master Agreement, without exception. 12. Local Project Sources and Uses of Funds A. A Project Budget Estimate is provided in Attachment C. The State and the Federal Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local AFA-LPAFA_ShortGen.doc Page 2 of 10 Revised 10/18/2016 CSJ #0916-00-068 District # CRP 16 Code Chart 64 #09800 Project: Pedestrian Improvements in the Sports Entertainment & Arts District Federal Highway Administration CFDA Title: Highway Construction and Planning CFDA No.:20.205 Not Research and Development Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for one hundred percent (100%) of the cost of any work performed under its direction or control before the Federal spending authority is formally obligated. B. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures and Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. C. A Source of Funds estimate based on the Transportation Improvement Program (TIP) is also provided in Attachment C. Attachment C shows the percentage and estimated dollar amount to be contributed to the project by federal, state, and local sources. The parties agree that the LPAFA may be amended from time to time as required to meet the funding commitments based on revisions to the TIP, Federal Project Authorization and Agreement (FPAA), or other federal document. D. The Local Government is responsible for all non-federal and non -state funding, unless otherwise provided for in this agreement or through amendment of this agreement. Where Special Approval has been granted by the State, the Local Government shall only in that instance be responsible for overruns in excess of the amount to be paid by the Local Government. E. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. F. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation." The check or warrant shall be deposited by the State and managed by the State. Funds may only be applied by the State to the Project. If after final Project accounting any excess funds remain, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. G. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total AFA-LPAFA_ShortGen.doc Page 3 of 10 Revised 10/18/2016 CSJ #0916-00-068 District # CRP 16 Code Chart 64 #09800 Project: Pedestrian Improvements in the Sports Entertainment & Arts District Federal Highway Administration CFDA Title: Highway Construction and Planning CFDA No.:20.205 Not Research and Development expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. H. When Special Approval has been granted by the State so that the Local Government bears the responsibility for paying cost overruns, the Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification of those amounts. I. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Any entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. J. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. K. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. 13. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 14. Incorporation of Master Agreement Provisions This LPAFA incorporates all of the governing provisions of the Master Agreement in effect on the date of final execution of this LPAFAr unless an exception has been made in this agreement. 15. Insurance If this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. AFA-LPAFA ShortGen.doc Page 4 of 10 Revised 10/18/2016 CSJ #0916-00-068 District # CRP 16 Code Chart 64 #09800 Project: Pedestrian Improvements in the Sports Entertainment & Arts District Federal Highway Administration CFDA Title: Highway Construction and Planning CFDA No.:20.205 Not Research and Development 16. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 17. Cost Principles and Office of Management and Budget (OMB) Audit Requirements In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 18. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: City of Corpus Christi Attn: Executive Director Public Works P.O. Box 9277 Corpus Christi, TX 78469-9277 State: Director of Contract Services Texas Department of Transportation 125 E. 11 in Street Austin, Texas 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 19. Civil Rights Compliance A. Compliance with Regulations: The Local Government will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this agreement. AFA-LPAFA_ShortGen.doc Page 5 of 10 Revised 10/18/2016 CSJ #0916-00-068 District # CRP 16 Code Chart 64 #09800 Project: Pedestrian Improvements in the Sports Entertainment & Arts District Federal Highway Administration CFDA Title: Highway Construction and Planning CFDA No.:20.205 Not Research and Development B. Nondiscrimination: The Local Government, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this contract, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a. withholding of payments to the Local Government under the contract until the Local Government complies ando'or b. cancelling, terminating, or suspending of the contract, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 20. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. AFA-LPAFA_ShortGen.doc Page 6 of 10 Revised 10/18/2016 CSJ #0916-00-068 District # CRP 16 Code Chart 64 #09800 Project: Pedestrian Improvements in the Sports Entertainment & Arts District Federal Highway Administration CFDA Title: Highway Construction and Planning CFDA No.:20.205 Not Research and Development D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address htto://ftp.dot.state.tx.us/pub/txdot-info/boo/dbe/mou/mou attachments.i df. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT -assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub -contractor) must include the following assurance: The contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a materia! breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 21. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: htto://www.opo.00v/fdsys/oko/FR-2010-09-14/odf/2010-22705.pdf and htto://www.000.00v/fdsys/oko/FR-2010-09-14/odf/2010-22706.odf df B. The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub -part 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: httos://www.sam.aov/portal/Dublic/SAM.' 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine -character number that allows the Federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: AFA-LPAFA Shor1Gen.doc Page 7 0110 Revised 10/18/2016 CSJ #0916-00-068 District # CRP 16 Code Chart 64 #09800 Project: Pedestrian Improvements in the Sports Entertainment & Arts District Federal Highway Administration CFDA Title: Highway Construction and Planning CFDA No.:20.205 Not Research and Development i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 22. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR 200. B. If threshold expenditures of $750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX 78701 or contact TxDQT's Compliance Division at sinaleaudits0txdot.ciov. C. If expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit a statement to TxDOTs Compliance Division as follows: "We did not meet the $ expenditure threshold and therefore, are not required to have a single audit performed for FY " D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 23. Pertinent Non -Discrimination Authorities During the performance of this contract, the Local Government, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects). C. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (49 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). F. Airport and Airway improvement Act 011982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act 011973. by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not). AFA-LPAFA_ShortGen_doc Page 8 of 10 Revised 10/18/2016 CSJ #0916-00-068 District # CRP 16 Code Chart 64 #09800 Project: Pedestrian Improvements in the Sports Entertainment 8 Arts District Federal Highway Administration CFDA Title: Highway Construction and Planning CFDA No.:20.205 Not Research and Development H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). AFA-LPAFA ShortGen.doc Page 9 of 10 Revised 10/18/2016 CSJ #0916-00-068 District # CRP 16 Code Chart 64 #09800 Project. Pedestrian Improvements in the Sports Entertainment & Arts Distnct Federal Highway Administration CFDA Titre: Highway Construction and Planning CFDA No.:20 205 Not Research and Development 24. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. Valerie H. Gran. P.E. Typed or Printed Name Executive Director Public Works Title Date THE STATE OF TEXAS Kenneth Stewart Director of Contract Services Texas Department of Transportation Date AFA-LPAFA ShortGen doc Approved as to form: 2017,07.071132.29 Assistant City Attorney Page 10 of 10 Revised 10/18/2016 AFA-LPAFA_ShortGen.doc CSJ #0916-00-068 District # CRP 16 Code Chart 64 #09800 Project: Pedestrian Improvements in the Sports Entertainment & Arts District Federal Highway Administration CFDA Title: Highway Construction and Planning CFDA No.:20.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE Page 1 of 1 Attachment A CSJ #0916-00-068 District # CRP 16 Code Chart 64 #09800 Project: Pedestrian Improvements in the Sports Entertainment & Arts District Federal Highway Administration CFDA Title: Highway Construction and Planning CFDA No.:20.205 Not Research and Development ATTACHMENT B PROJECT LOCATION MAP BREWSTER. J. ROLA SL POWER SE. KR= Pe WIRCAN Wil[ 7CR READ ST, (ihtid.N s1 .IIS CORPUS CHRISTI BAY PROJECT LOCATION SPORTS SHTEEATAIMMERT &R1S DISTRICT PEDESTRIAN IMPROVEMENTS Q SUBJECT: LOCATION MAP lf:,�4.1i SPORTS ENTERTAINMENT&ARTS DISTRICT s PEDESTRIAN IMPROVEMENTS Traffic Enpineerinp dfice Street Operettas OWI Cn AFA-LPAFA_ShortGen.doc Page 1 of 1 Attachment B CSJ #0916-00-068 District # CRP 16 Code Chart 64 #09800 Project: Pedestrian Improvements in the Sports Entertainment & Arts District Federal Highway Administration CFDA Title: Highway Construction and Planning CFDA No.:20.205 Not Research and Development ATTACHMENT C PROJECT BUDGET Costs will be allocated based on 80% Federal funding and 20% Local Government funding until the federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs 'Description Total Estimated Cost Federal Participation State Participation Local Participation % Cost % Cost % Cost Engineering (by Local Government) '$120,000 0% $0 0% $0 100% $120,000 Construction (by Local Government) _ $1,200,000 80% $960,000 0% $0 20% $240,000 Subtotal $1,320,000 $960,000 $0 $360,000 Environmental Direct State Costs $3,000 0% $0 0% $0 100% $3,000 Right of Way Direct State Costs $3,000 0% $0 0% $0 100% $3,000 Engineering Direct State Costs $6,000 0% $0 0% $0 100% $6,000 Utility Direct State Costs $3,000 0% $0 0% _ $0 100% $3,000 Construction Direct State Costs $6,000 0% $0 0% $0 100% $6,000 Indirect State Costs $69,564 0% $0 100% $69,564 0% $0 TOTAL $1,410,564 $960,000 $69,564 $381,000 Initial payment by the Local Government to the State: $15,000 Payment by the Local Government to the State before construction: $6,000 Estimated total payment by the Local Government to the State $21,000.This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA-LPAFA_ShortGen.doc Page 1 of 1 Attachment C Carpus Chr'sti Engineering Sports, Entertainment, and Arts (SEA) District Pedestrian Improvements BOND 2012, Proposition 8 Council Presentation September 12, 2017 Location Map Carpus Chr sti Engineering SPORTS, ENTERTAINMENT and ARTS (SEA) DISTRICT PEDESTRIAN IMPROVEMENTS CORPUS CHRISTI BAY TEXAS Axl UNIVERS, CORPUS CHRISTI N SCALE: N.T.S. CORPUS CHRISTI NAVAL AIR STATION 2 Vicinity Map Corpus Chr sti Engineering Harbor Dr SPORTS, ENTERTAINMENT and ARTS (SEA) DISTRICT PEDESTRIAN IMPROVEMENTS Hirsch E. Port Ave. Project Scope co) Corpus Chr sti Engineering This project provides improved pedestrian (mobility) access and safety connecting key destinations in the SEA Town District including the American Bank Center, Corpus Christi Science and History Museum, Harbor Playhouse, Asian Cultures Museum, Ortiz Center, Whataburger Field, Hurricane Alley, and Brewster Street Ice House. Work Includes : New sidewalks, crosswalks, ADA ramps with area illumination and associated landscaping V Brewster Street from North Broadway Street to Chaparral Street ✓ Chaparral Street from Brewster Street to Harbor Drive 4 1 Project Schedule co) Carpus Chr sti Engineering 2017 2018 OCT I NOV I DEC I JAN Bid FEB I MAR I APR I MAY I JUN I JUL Construction AGENDA MEMORANDUM Future Item for the City Council Meeting of September 12, 2017 Action Item for the City Council Meeting of September 19, 2017 DATE: August 23, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Executive Director of Water Utilities dang@cctexas.com (361) 826-1718 Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Construction Contract Citywide Collection System Pipe Bursting Indefinite Delivery/Indefinite Quantity (ID/IQ) Part C (Capital Improvement Program) CAPTION: Motion authorizing the City Manager, or designee, to execute a multi-year ID/IQ construction contract with PM Construction & Rehab, LLC dba IPR South Central, LLC, of Pasadena, Texas in the amount of $2,000,000 for Citywide Collection System Pipe Bursting ID/IQ Part C. This is a one (1) year base contract with four (4) optional one (1) year renewals to be approved administratively subject to availability of funding and satisfactory contractor performance. (Capital Improvement Program) (CI P) PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract for one (1) base year with administrative approval of the four (4) following years subject to conditions of funding and performance. BACKGROUND AND FINDINGS: This is part of the City's ongoing program to re -capitalize the aging sanitary sewer collection system and eliminate sanitary sewer overflows and infiltration. CIP Description: The citywide ID/IQ program is a long-term initiative designed to reduce the number and volume of sanitary sewer overflows within the City. It is a key component of the life cycle program component to address collection system conveyance and manhole infrastructure requirements within the City. The program will identify, prioritize and implement specific capital improvement projects in a phased design and construction approach to extend the service life, improve flows, improve water quality, reduce overflows and cave-ins and reduce long-term maintenance costs. Project Scope: This project will replace existing sanitary sewer lines 36 -inch and under throughout the City by pipe bursting under a multi-year ID/IQ construction contract. This contract compliments both the City's ongoing City Wide Collection System Replacement and Rehabilitation ID/IQ program and City's ongoing City Wide Collection System Pipe Bursting ID/IQ program. This pipe bursting contract provides additional resources and flexibility to improve implementation of program. Pipe bursting is a well-established trenchless method that is widely used for replacement of deteriorated pipes with new pipe of same or larger diameter. Pipe bursting is typically cost- effective if existing pipe is deep, below the ground water table (GWT), and existing pipe is undersized. Pipe bursting is an effective alternative to reduce disturbance to streets, businesses and residents verses open cut technique. This construction contract was developed as a multi-year ID/IQ with a base year plus four (4) optional years. The bid documents were developed based on estimated quantities within the annual funds of $2,000,000. The bidders were required to submit unit prices for each construction activity that will be used for subsequent delivery orders for the most cost effective solution. All work will be executed by individual delivery orders in accordance with plans, specifications, and contract documents prepared by the Engineer. On August 2, 2017, the City received proposals from four (4) bidders as follows: CONTRACTOR TOTAL BASE BID PM Construction & Rehab, LLC dba IPR South Central, LLC Pasadena, Texas 7,972,305.00 National Power Rodding Corp. Austin, Texas 9,480,254.10 T Construction LLC Houston, Texas 10,210,865.00 CPC Interests, LLC dba Clark Pipeline Services Corpus Christi, Texas 11,752,220.00 Engineer's Opinion of Probable Construction Cost ($2,000,000 per year for five years) 10,000,000.00 The City's Engineer analyzed all four proposals submitted in accordance with contract documents and determined that the lowest responsive responsible bidder was IPR South Central, LLC. ALTERNATIVES: 1. Authorize the execution of construction contract. (Recommended) 2. Do not authorize execution of construction contract. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Water Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget (CIP) 2,450,000 2,450,000 Encumbered / Expended Amount This Item 2,000,000 2,000,000 Future Anticipated Expenditures This Project 403,500 403,500 BALANCE 46,500 46,500 Fund(s): Wastewater CIP #2 Comments: This project requires approximately 365 days for the base year. Construction contract will result in expenditure of an amount not to exceed $2,000,000 for the base year. RECOMMENDATION: City Staff recommends approval of a construction contract with PM Construction & Rehab, LLC dba IPR South Central, LLC, of Pasadena, Texas for the base year in the amount of $2,000,000 for Citywide Collection System Pipe Bursting ID/IQ Part C. This is a one (1) year base contract with four (4) optional one year renewals. The renewals will be administratively authorized by the City Manager, or designee, subject to availability of funding and satisfactory contractor performance. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 Letter of Recommendation PROJECT BUDGET ESTIMATE City -Wide Collection System Pipebursting Indefinite Delivery/Indefinite Quantity (IDIQ) Part C FUNDS AVAILABLE: Wastewater CIP $2,450,000 FUNDS REQUIRED: Construction 2,200,000 Construction (IPR South Central, LLC) THIS ITEM 2,000,000 Contingency (10%) 200,000 Construction Testing & Inspection Estimate. Construction Materials Testing Estimate 30,000 Construction Inspection Estimate 61,250 91,250 Reimbursements. 112,250 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 49,000 Engineering Services (Project Mgmt/Constr Mgmt) 61,250 Misc 2,000 TOTAL $2,403,500 ESTIMATED PROJECT BUDGET BALANCE $46,500 CITY-WIDE PROJECT SCALE: N.T.S. LOCATION MAP NOT TO SCALE Project Number: E17029 CITYWIDE COLLECTION SYSTEM PIPE BURSTING (IDIQ) PART C CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Carpus Chr sti Engineering Citywide Collection System Pipe Bursting Indefinite Delivery/ Indefinite Quantity Part C Council Presentation September 12, 2017 Project Location Corpus Chr sti Engineering CITYWIDE COLLECTION SYSTEM PIPEBURSTING (IDIQ) PART C 2 Project Scope Corpus Chr'sti Engineering This project is part of the City's ongoing Program to re -capitalize the aging sanitary sewer collection system and to eliminate overflows and infiltration. Major activities include: • Multi -Year IDIQ with base year ($2M) plus 4 optional years • Rehabilitation / replacement of existing gravity collection lines • Rehab or replace manholes • Surface restoration for drill pits and manholes • Cleaning and televised inspection pipelines • Temporary traffic control measures 3 Project Scope Corpus Chr sti Engineering Rerkcetli."itr r' �[liati �n p:i Pipe Bursting Example , TaIlForrr. B►pes'. Biu iuq Fk La'4r,I co/uw• «eptiai Pit Pipe bursting is a trenchless technology used to replace deteriorated pipes with a new pipe of same or larger diameter. Pipe bursting is typically cost-effective for deep pipes and reduces disturbance to streets, business and residents verses open cut technique. 4 Project Schedule Carpus Chr sti Engineering 2017 2018 Jul Aug Sep Bid & Award Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Construction Project Construction Estimate: 365 Calendar Days = 1 Year Estimated Completion September 2018 This project is a multi-year Indefinite Delivery/Indefinite Quantity (ID/IQ) construction contract with a one-year base contract and four optional one-year renewal options. Corpus Chr'sti Engineering QUESTIONS Bid Summary CONTRACTOR PM Construction & Rehab, LLC dba IPR South Central, LLC Pasadena, Texas National Power Rodding Corp. Austin, Texas T Construction LLC Houston, Texas CPC Interests, LLC dba Clark Pipeline Services Corpus Christi, Texas Engineer's Opinion of Probable Construction Cost ($2,000,000 per year for five years) Corpus Chr sti Engineering TOTAL BASE BID 7,972,305.00 9,480,254.10 10,210,865.00 11,752,220.00 10,000,000.00 The contract documents were developed as a one-year $2,000,000 base construction contract with the option to extend up to four (4) possible one-year renewals. Subsequent additional option years will be administratively authorized by the City Manager or designee based on available funding. 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: 2017-256104 Date Filed: 09/01/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. PM Construction & Rehab, LLC dba IPR South Central, LLC Pasadena, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi, Texas 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E17029 City Wide Collection System Pipebursting ID/IQ Part C 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Inland Pipe Rehabilitation, LLC Conyers, GA United States X 5 Check only if thscgiltf[Nhllor. steel Party s t HA014 '/,/ >,,E,,r,,.• ....� s 6 AFFlDAV rALt iA0r44s .1- I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ,1z- "5/ A' r- . �•i • 7 '.!?.es w�` Signature of authorized agent of contracting business entity AFFIX NOTARY SP.04 SEAL ABOVE j Sworn to and subscribed before me, by the said © , this the l day of �ibt,e , 20 1-1 , to certify which, witness my hand and seal of office. 4. 40 kill 1 411+C VLC—S lilailAk kJ 0 e4CV-L Signature of office administering oath Printed name of officer administering oath Title of officer aninistering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 UTILITIES Maintenance of Limes & Treatment 2726 1-1o11) Road Corpus Christi Texas 78415 Phone 361-826-1800 Fax 361-826-1889 nn n.cc!CXas.COM Gas 4225 S. Port Ave. Corpus Christi Teas 78415 Phone 361-885-6900 Fax 361-853-3200 %%an,Celexaw.COM August 24, 2017 J.H. Edmonds, P.E. Director of Capital Programs Corpus Christi, TX 78469-9277 RE: City -Wide Wastewater Collection System Pipe Bursting ID/IQ - Part C Project No. E17029 Construction Contract Award Recommendation Dear Mr. Edmonds: On Wednesday, August 02, 2017, four (4) bids were received and opened for the above referenced project. The three lowest bidders have successfully submitted documents pertaining to Section 00 45 16 Statement of Experience. The bidders list with their Total Base Bid is given below: Contractors Total Base Bid PM Construction & Rehab, LLC dba IPR South Central LLC $7,972,305.00 National Power Rodding Corp. T Construction LLC CPC Interests, LLC Dba Clark Pipeline Services $9,480,254.10 $10,210,865.00 $11,752,220.00 The apparent low bidder based on the Total Base Bid is PM Construction & Rehab, LLC dba IPR South Central LLC. The Utilities Department has reviewed the information required in Section 00 45 16, Statement of Experience of the contract documents that was submitted by PM Construction & Rehab, LLC dba IPR South Central LLC and found no anomalies. In addition to the requirements of Section 00 45 16, PM Construction & Rehab, LLC dba IPR South Central LLC submitted information related to personnel for this contract, El 5089, El 5209 & El 6255 in which they've identified separate personnel and superintendents for each contract which should eliminate construction delays. The information is enclosed for your review. The Utilities Department has analyzed the proposals and documents submitted and has determined that the low bidder meets the specified requirements. The Utilities Department recommends that the project be awarded to PM Construction & Rehab, LLC dba IPR South Central LLC in the amount of $2,000,000 for the base 1 -year contract for the City -Wide Wastewater Collection System Pipe Bursting ID/IQ - Part C. Also enclosed is the project bid tabulation and PM Construction & Rehab, LLC dba IPR South Central LLC's bid proposal for this project. If you have any questions or need additional information, please contact me at 361-826-3063. UTIIJTIES Maintenance of Lines & Treatment 2726 1-1011) Road Corpus Chri,ti Lexus 78415 Phone 361-826-1800 Pax 361-826-1889 44 4444_cctexa*. corn Gas 4225 S. fort A%c Corpus Christi .texas 78415 Phone 361-885-6900 Fax 361-853-:;200 na.44.cctcxa, Lom Sin erel Preeti S estha, P.E. Engineer I V Utilities Department City of Corpus Christi Attachments: 1. Section 00 45 16 Statement of Experience 2. Bid Tabulation 3. PM Construction & Rehab, LLC dba IPR South Central LLC Bid Proposal Cc: Melanie Gavlik, P.E., Sylvia Arriaga AGENDA MEMORANDUM Future Item for the City Council Meeting of September 12, 2017 Action Item for the City Council Meeting of September 19, 2017 DATE: September 12, 2017 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive Director of Utilities DanG@cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services, Purchasing Division Kim B2@cctexas.com (361) 826-3169 Preventative and Emergency Maintenance for Various Lift Stations for Wastewater Division CAPTION: Motion authorizing City Manager, or designee, to execute a service agreement with ADK Environmental, Inc., of Odem, Texas for preventative and emergency maintenance for various lift stations for Wastewater Division in response to Request for Bid No. 1247 based on the lowest responsive, responsible bid for a total amount not to exceed $158,362.50, and budgeted in FY2017-18. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. PURPOSE: This item is to approve a service agreement for preventative and emergency maintenance for various lift stations for Wastewater Division. BACKGROUND AND FINDINGS: The City's Wastewater Division maintains approximately 101 lift stations at various locations throughout the city. Lift stations are used to pump waste up to the city main line and on to the treatment plant. As solid materials enter the lift station, buildup will occur on the bottom of the well and in other components within the station. Regular maintenance of the lift stations to remove grease and debris is necessary to increase the life of wastewater pumps and keep the lift station from overflowing. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received four responsive, responsible bids, and is recommending the award to the lowest responsive, responsible bidder, ADK Environmental, Inc. 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: Utilities Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $123,921.91 $158,362.50 $282,284.41 Encumbered / Expended Amount $80,645.12 $0.00 $80,645.12 This item $0.00 $158,362.50 $158,362.50 BALANCE $43,276.79 $0.00 $43,276.79 Fund(s): Wastewater Comments: The initial contract term total is a total amount not to exceed $158,362.50, and budgeted in FY2017-18. The total estimated contract value will be $475,087.50 if all options years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation CITY OF CORPUS CHRISTI Purchasing Division Buyer: Cynthia Perez BID TABULATION RFB # 1247 Preventative & Emergency Maintenance for Various Lift Stations ADK Environmental Odem, TX Shoreline Plumbing Corpus Christi, TX Tuff Environmental Odem, TX Video Pipeline Corpus Christi, TX Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price ITEM DESCRIPTION QTY. UNIT 1 Parts/Materials Markup $2,000 EA 15% $2,300.00 15% $2,300.00 25% $2,500.00 $0.00 $0.00 2 Labor/Normal Hours M -F 8:OOam-5:OOPM 725 HRS $147.50 $106,937.50 $185.00 $134,125.00 $490.00 $355,250.00 $300.00 $217,500.00 3 Labor/ After Hours M -F 5:OOPM - 8:OOAM 300 HRS $163.75 $49,125.00 $220.00 $66,000.00 $600.00 $180,000.00 $400.00 $120,000.00 TOTAL: $158,362.50 $202,425.00 $537,750.00 $337,500.00 SERVICE AGREEMENT NO. 1247 Preventative & Emergency Maintenance for Various Lift Stations THIS Preventative & Emergency Maintenance for Various Lift Stations Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and ADK Environmental, Inc. ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Preventative & Emergency Maintenance for Various Lift Stations in response to Request for Bid/Proposal No. 1247 ("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 Preventative & Emergency Maintenance for Various Lift Stations ("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 $158,362.50, 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: Name: Joanna Moreno Department: Utilities Department Phone: (361) 826-1649 Email: joannam@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: Joanna Moreno Title: Contract Administrator Address: 2726 Holly Road, Corpus Christi, TX 78415 Fax: (361) 826-1715 IF TO CONTRACTOR: ADK Environmental, Inc. Attn: Sharon Kastner Title: President Address: 16434 FM 630, Odem, TX 78370 Fax: (361) 364-2542 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: Qhfrk_Utgu\ Printed Name: g nA R154 kTJP Title: 198ES/ be.gr Date: j /2_3411 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. 1247 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/Background Information The Contractor shall provide preventative maintenance on a monthly and quarterly basis and emergency service, as needed, as outlined in this Scope of Work at approximately 101 lift stations located throughout the City. 1.2 Scope of work A. PREVENTATIVE MAINTENANCE a. The Contractor shall remove floating debris from the surface of lift station wet wells, and haul waste to the Greenwood Wastewater Treatment Plant drying beds. b. The Contractor shall be able to provide preventative maintenance service between the hours of 8;00 a.m. and 5:00 p.m., Monday through Friday, excluding City holidays. c. The Contractor shall conduct preventative maintenance at 2 lift stations each month, and 45 lift stations quarterly. The remaining lift stations will be serviced on an as needed basis. These lift stations are marked "quarterly," "monthly" and "as needed" on Section 4.3 - Work Site. These lift stations may also require "emergency service" on an as needed basis. Additionally, the City reserves the right to add/remove/change lift stations on the preventative maintenance, emergency schedule and as needed schedule. d. The Contractor shall supply a 50 -foot flexible hose. e. The Contractor shall be equipped with a vactor truck capable of extracting both solids and liquids. f. The City will provide a schedule for monthly/quarterly preventative maintenance service. B. EMERGENCY SERVICE a. The Contractor shall remove floating debris from the surface of lift station wet wells, and haul waste to Greenwood Waste Water Treatment Plant drying beds. b. The Contractor shall remove all liquid from wet wells. "Clean" liquids will be hauled and disposed at a designated man hole. Fat soils and grease will be hauled to the Greenwood Wastewater Treatment Plant drying bed. c. The Contractor shall be able to provide emergency service twenty-four (24) hours a day, three hundred and sixty-five (365) days per year, including holidays, on an as needed basis. d. The Contractor shall conduct emergency service, on an as -needed basis, for all lift stations in Section 4.3 - Work Site. RFB Template Revised 04.28.17 e. The Contractor will receive work order requests via phone and return phone request within thirty (30) minutes of a call being placed by the Utilities Department. f. The Contractor shall be on site within two (2) hours of receipt of work order request. The City reserves the right to determine when a job is considered an emergency. The City reserves the right to use another contractor if the Contractor response times are non-compliant. g. If the Contractor does not respond by phone within thirty (30) minutes, or does not report to the site within two (2) hours of receipt of work order request, or not does not have sufficient resources, i.e. labor, equipment, the City reserves the right to use another contractor. h. The Contractor shall supply a 50 -foot flexible hose. i. The Contractor shall be equipped with a vactor truck capable of extracting both solids and liquids. C. Service requests via phone are to be accepted by the following authorized personnel: a. Work Coordinator b. Planner/Scheduler c. Utilities Systems Manager D. Upon completion of service, the Contractor shall provide a service ticket to on- site personnel, which lists the following: a. Site location b. Date c. Description of the service work performed d. Start and end time, and total hours e. Signature of City representative 1.3 Work Site and Conditions The work shall be performed at the following locations: Lift Station # Lift Station Name Address Frequency 1 Arcadia 2221 S. Staples St. Monthly 2 Port/ Pearse Port/Pearse Monthly 3 Up River Road 12300 Up River Rd. Quarterly 4 Nueces Acres 11501 Haven Dr. Quarterly 5 Allison WWTP 4101 Allison Dr. Quarterly 6 Solar Estates 9201 Moonlight St. Quarterly 7 Clarkwood North 2001 Clarkwood Rd. Quarterly RFB Template Revised 04.28.17 8 Stillwell 8100 Stillwell Lane Quarterly 9 De Dietrich 150 McKenzie Rd. Quarterly 10 Northwest Crossing 1921 Oregon Trail Quarterly 11 Clarkwood South 1025 Clarkwood Rd. Quarterly 12 Lakes Northwest 3614 Perfection Lake Quarterly 13 Highway Nine 6724 Leopard St. Quarterly 14 Airport International Airport Quarterly 15 McBride 1200 McBride Lane Quarterly 16 Greenwood WWTP 6541 Greenwood Dr. Quarterly 17 Sacky 3200 Sacky St. Quarterly 18 Kostoryz 6261 Kostoryz Rd. Quarterly 19 Resaca 945 Resaca St. Quarterly 20 Morgan 810 N. Brownlee Blvd. Quarterly 21 Wooldridge II 8001 Wooldridge Rd. Quarterly 22 Everhart/Staples 780 Everhart Rd. Quarterly 23 Schanen 6102 Del Starr Dr. Quarterly 24 Webers Glen 4051 Aaron Quarterly 25 Country Club 6300 Everhart Rd. Quarterly 26 Station 5 6528 S. Staples Quarterly 27 Buckingham 7101 S. Staples Quarterly 28 Cimarron 7401 Cimarron Quarterly 29 Airline 3302 Airline Quarterly 30 Wooldridge 6610 Wooldridge Rd. Quarterly 31 Williams 6602 Williams Dr. Quarterly 32 Oso WWTP #1 501 Nile Rd. Quarterly 33 Oso WWTP #2 501 Nile Rd. Quarterly 34 Perry Place Thompson Rd. Quarterly 35 Sugar Tree 8050 S.P.I.D. Quarterly 36 Turtle Cove 9547 Blue Jay St. Quarterly 37 Flour Bluff 2326 Flour Bluff Dr. Quarterly 38 Waldron 610 Blossum Quarterly 39 Military & Jester 722 Jester St. Quarterly 40 Laguna Madre WWTP 201 Jester St. Quarterly 41 Laguna Shores 2902 Laguna Shores Rd. Quarterly 42 Whitecap WWTP 13409 Whitecap Blvd. Quarterly 43 Padre Island Section 4 142012 Whitecap Blvd. Quarterly 44 Lake Padre South 14501 Whitecap Blvd. Quarterly 45 Leeward 14865 Running light Dr. Quarterly 46 Wood River 4601 Spring Creek Dr. Quarterly 47 Sharpsburg 4412 Sharpsburg Rd. Quarterly 48 River Canyon 13842 River Ridge Dr. As needed 49 Cynthia 5210 Cynthia St. As needed 50 Ramos 4810 Ramos As needed 51 Highway 77 3386 County Road 52 As needed 52 Levi County Jail 745 N.P.I.D. As needed RFB Template Revised 04.28.17 53 Coastal Meadows 6868 Old Brownsville Rd. As needed 54 Trojan 1901 Trojan Ave. As needed 55 Lexington 5233 Lear St. As needed 56 Rose Acres 2946 FM 763 As needed 57 Charlie's Place 5505 McBride Ln. As needed 58 Nueces Bay 2100 Nueces Bay Blvd. As needed 59 Rincon North "B" Rincon Ind. West of H.W. 181 As needed 60 Rincon North "A" Rincon Ind. West of H.W. 181 As needed 61 North Beach "E" 702 Enchanted Harbor As needed 62 North Beach "B" 3002 Timon Blvd. As needed 63 North Beach "C" 3818 Surfside As needed 64 North Beach "D" 4320 Timon Blvd. As needed 65 Brownlee 400 12th Street As needed 66 Studebaker 300 Kinney Ave. As needed 67 Peoples "T" Head Peoples St. "T" Head As needed 68 Lawrence "T" Head 400 S. Shoreline Blvd. As needed 69 Coopers Alley "L" Head 200 S. Shoreline Blvd. As needed 70 Magee Beach 500 S. Shoreline Blvd. As needed 71 Cole Park 1500 Ocean Drive As needed 72 Bay Drive 7845 Bay Dr. As needed 73 Oleander 2900 Ocean Dr. As needed 74 Starry 7701 Starry Lane As needed 75 The Lakes 7335 Everhart Rd. As needed 76 Kings Crossing 8401 Cimarron As needed 77 TAMU-CC 6300 Ocean Dr. As needed 78 Pelican Bay 1418 Ennis Joslin As needed 79 Greenfields by the Bay 7310 Canadian Dr. As needed 80 Anchor Harbor 8102 S.P.I.D. As needed 81 Jamaica 2092 Jamaica As needed 82 Wal-Mart 9441 S.P.I.D. As needed 83 Rhetta Place 2442 Vialoux As needed 84 Purdue 630 Purdue As needed 85 Gateway Park 1 143 Laguna Shores As needed 86 Riviera 138 Riviera As needed 87 Rex 4046 Whitely As needed 88 Kennedy Causeway 13301 S.P.I.D. As needed 89 Seahorse 14300 Dorsel St. As needed 90 Swordfish 14500 Swordfish St. As needed 91 Jackfish 14124 Jackfish St. As needed 92 Verdemar 14501 Verdemar St. As needed 93 Park Road 53 1 1 125 Park Road 53 As needed 94 Tesoro 13618 Port Royal Ct. As needed 95 Aquarius 15000 Aquarius St. As needed 96 Cumana 15600 Cumana St. As needed 97 Coquina Bay 13921 Sea Pines Blvd. As needed RFB Template Revised 04.28.17 98 Sea Pines 14192 Sea Pines Blvd. As needed 99 Gypsy 15601 Gypsy St. As needed 100 JFK Causeway II 13317 S.P.I.D. As needed 101 West Point Crossing 5605 Old Brownsville Rd. As needed 1.4 Special Instructions The Contractor's invoice for payment must contain the following information: 1. PO# 2. Date of Service 3. Lift Station #, Name, and Address (as listed on SOW) 4. Description of Service 5. Total hours billed, itemized by hourly rate, i.e. normal hours' rate, after-hours rate 6. Copy of service ticket (outlined in 4.2 (D) 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. RFB Template Revised 04.28.17 Attachment B - Bid/Pricing Schedule Date: 8/01/2017 CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1247 Preventative & Emergency Maintenance for Various Lift Stations Bidder: ADK Environmental, Inc. Authorized Signature: PAGE 1 OF 1 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 applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. 4. Bidders must not write over or revise the bid sheet. Bidders will be considered Non - Responsive if the bid sheet is modified. item Parts/Mcriertals tDescription IQ, Estimated - Total Price - _____JjJnit Markup - L1 I-Parts/Materials Markup * $2,000 % 15 2,300.00__ __LEA Labor— Pr9ventafive Mbintenance and rneigency unie ' Pike Wei Price Labor/ Normal Hours M -F 8:00am - 5:00, HRS 725 $ 147.50 $ 106,937.50 Labor/ After Hours 5:OOpm -8:OOam, to include holida s HRS 300 $ 163.75 $ 49,125.00 Total *Total Price Price will be $2,000 plus markup. **$158,362.50 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/Complete 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 RFB Template Revised 04.28.17 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 RFB Template Revised 04.28.17 • 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. 2017 Insurance Requirements Utilities - Various Lift Stations Preventative Maintenance and Emergency Service 05/05/2017 sw Risk Management RFB Template Revised 04.28.17 Attachment C - Bond Requirements No bond requirements necessary for this service agreement; Section 5. (B) is null for this service agreement. Attachment D - Warranty Requirements No warranty requirements necessary for this service agreement; Section 8. Warranty is null for this service agreement. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-247072 Date Filed: 08/08/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. ADK Environmental, Inc. Odem, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFB No. 1247 Preventative & Emergency Maintenance for Various Lift Stations 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. A ,.(1,,„Ak I ' ()LYNDA FL PEREZ • • MY RES kWh 11,2019 1..... Sign ture of authorized agent of contracting business entity , this the S day of A 1,4( It AST- AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said 20 1 '7 , to certify which, witness my hand gLy,,DA 4.-Rizzz and seal of office. 4L.yo.JCA ki. .R.:: ft& Z. i (I on fzi 11-1111'dk /LU F Sig ature of officer admi e in oath Printed name of officer administering oath Title of officer administering oath Forms provided bv Texas Fthinc rni-rirnicei-•• . . . Version V1.0.883 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 12, 2017 Action Item for the City Council Meeting of September 19, 2017 DATE: August 30, 2017 TO: Margie C. Rose, City Manager THROUGH: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Dan Grimsbo, Executive Director of Water Utilities dans@cctexas.com (361) 826-1718 Annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey (USGS) CAPTION: Motion authorizing the City Manager or designee to renew an annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey (USGS), U.S. Department of the Interior, for automated river gauging stations to gather and maintain accurate records of stream flows for rivers associated with the City's reservoirs, with the City's cost to be $157,060. This Contract runs from October 1, 2017 to September 30, 2018. PURPOSE: To continue the use of automated river gauging stations to gather and maintain accurate records of stream flows and automated water quality monitors for rivers associated with the City's reservoirs and the water treatment plant. BACKGROUND AND FINDINGS: Texas Water Rights Permit No. 3358 requires specified releases from the reservoir be made to the bays and estuaries. The City utilizes the United States Geological Survey (USGS) to establish automated river gauging stations to quantify and qualify recorded discharges of all inflows and releases in the water reservoir system as well as to properly manage the health and biology of the reservoir system using Water Quality monitors. To better manage the treatment of water at the O. N. Stevens Water Treatment plant, the gathering of real-time water quality data from the Nueces River prior to the intake pumps is critical. In addition, the streamflow gauges are the primary system used by the City's Dam operations which tracks water levels in and out of the City's reservoirs and gives operators essential data to ensure Dam safety and also provides a means of early flood warning. The contract period is October 1, 2017 through September 30, 2018. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This agreement conforms to City Charter requirements EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Department 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 $0 $160,000 Encumbered / Expended Amount This item $0 $157,060 BALANCE $0 $2,940 Fund(s): Water Fund 4010 Comments: Total cost will be split between the organizations Wesley Seale Dam and Choke Canyon Dam respectively. RECOMMENDATION: Approval of the continued annual joint funding agreement with the USGS. LIST OF SUPPORTING DOCUMENTS: Joint -funding agreement United States Department of the Interior Esteban Ramos Water Resources Manager City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Dear Mr. Ramos, U.S. GEOLOGICAL SURVEY Texas Water Science Center 1505 Ferguson Lane Austin, TX 78754 August 22, 2017 Enclosed are two signed originals of our standard joint -funding agreement for the project(s) Texas Water Science Center Water Resources Investigations, during the period October 1, 2017 through September 30, 2018 in the amount of S 157,060 cash from your agency. U.S. Geological Survey contributions for this agreement are $28,950 for a combined total of $186,010. Please sign and return one fully -executed original to Beau Griffin at the address above. Federal law requires that we have a signed agreement before we start or continue work. Please return the signed agreement by October 1, 2017. If, for any reason, the agreement cannot be signed and returned by the date shown above, please contact Douglas Schnoebelen by phone number (210) 691-9262 or email dschnoebelen@usgs.gov to make alternative arrangements. This is a fixed cost agreement to be billed quarterly via Down Payment Request (automated Form DI -1040). Please allow 30 -days from the end of the billing period for issuance of the bill. If you experience any problems with your invoice(s), please contact Kandis Becher at phone number (682) 316-5051 or email at kkbecher@usgs.gov. The results of all work performed under this agreement will be available for publication by the U.S. Geological Survey. We look forward to continuing this and future cooperative efforts in these mutually beneficial water resources studies. Enc.: 18 CMTX029000000(2) Sincerely, Meghan R? el Acting Director Form 9-1366 (April 2015) U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resource Investigations Agreement#: 18C MTX029000000 Customer#: 6000000486 Project #: S1009ME TIN #: 74-6000574 USGS DUNS #r 128821266 Fixed Cost Agreement YES' X ] NO[ 1 THIS AGREEMENT is entered into as of the October 1, 2017, by the U.S. GEOLOGICAL SURVEY, Texas Water Science Center, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Corpus Christi party of the second part. 1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation Water Resource Investigations (per attachment), herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50, and 43 USC 50b, 2. The following amounts shall be contributed to cover alt of the cost of the necessary field and analytical work directly related to this program, 2(b) include In -Kind -Services in the amount of $0.00 (a) $28,950 by the party of the first part during the period October 1, 2017 to September 30, 2018 (b) $157,060 by the party of the second part during the period October 1, 2017 to September 30, 2018 (c) Contributions are provided by the party of the first part through other USGS regional or national programs, in the amount of : $46,350 Description of the USGS regional/national program: Federal Priority Streamgaging Funding (d) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties (e) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request; be furnished by the party of the first part; at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. USGS will issue billings utilizing Department of the Interior Bill for Collection (form DI -1040). Billing documents are to be rendered quarterly. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717: Comptroller General File B-212222, August 23, 1983.). Form 9-1366 (April 2015) Name: Address: Telephone: Fax: Email: Name: Address: Telephone: Fax: Email: U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resource investigations USGS Technical Point of Contact Douglas Schnoebelen Supervisory Hydrologist (STPQ Chief) 5563 DeZavala Road Suite 290 San Antonio, TX 78249 (210) 691-9262 (210) 691-9270 dschnoebelen@usgs.gov USGS Billing Point of Contact Kandis Becher Budget Analyst 501 W. Felix Street Bldg 24 Fort Worth, TX 76115 (682) 316-5051 (682) 316-5022 kkbecher@usgs.gov U.S. Geological Survey United States Department of Interior Si nature By =��r Name: Megan Roussel Title: Acting Director Date: Aug 22, 2017 Name: Address: Telephone: Fax: Email: Name: Address: Telephone: Fax: Email: Agreement#: 18C M TX0290 04000 Customer#: 6000000486 Project #: SJ009ME TIN #: 74-6000574 USGS DUNS #: 128821266 Customer Technical Point of Contact Esteban Ramos Water Resources Manager 1201 Leopard Street Corpus Christi, TX 78401 (361)826-3294 estebanr@cctexas.gov Customer Billing Point of Contact M. P. Sudhakaran Water Resources Mgmt Advisor 2726 Holly Road Corpus Christi, TX 78415 (361) 826-3667 (361) 826-4420 mp@cctexas.com City of Corpus Christi Signatures By Date: Name: Title: By Date: Name: Title: By Date: Name: Title: STATION NUMBER 001: SURFACE WATER City of Corpus Christi 18CMTX029000000 DESCRIPTION USG$ COOP TOTAL FUNDS FUNDS FUNDS 08194000 Nueces River at Cotuila. TX Full Range Streamflow Station 08194500 Nueces River near Tilden, TX Full Range Streamflow Station 08205500 Frio River near Derby, TX Full Range Streamflow Station 08206600 Frio River at Tilden, TX Full Range Streamflow Station 08206900 Choke Canyon Reservoir nr Three Rivers, TX Reservoir Contents 08206910 Choke Canyon Res, outflow nr Three Rivers, TX Q below Base and Continous Stages $4,580.00 $10,870.00 $15,450 $4,580.00 $10,870.00 $15,450 $4,580.00 $10,870.00 $15,450 $4,580.00 510.870.00 $15,450 $2,465.00 $5,215.00 $7,680 $2,850.00 $7,350.00 $10,200 08210000 Nueces River near Three Rivers, TX Full Range Streamflow Station $0.00 50.00 $0 Funded by the Federal Priority Streamgaging Program 08210500 Lake Corpus Christi near Mathis, TX Reservoir Contents 52,465.00 $5,215.00 $7,680 08211000 Nueces River near Mathis, TX Full Range Streamflow Station $0,00 $0.00 $0 Funded by the Federal Priority Streamgaging Program 08211200 Nueces River above Bluntzer, TX Q below Base and Continous Stages $2,850.00 $7,350.00 $10,200 08211500 Nueces River at Calalien, TX Full Range Streamflow Station $0.00 50.00 50 Funded by the Federal Priority Streamgaging Program 08211502 Nueces Rv nr Odem, TX Q below Base with AVM and Continuous Stage $0.00 $13,050.00 $13,050 SURFACE WATER TOTAL: $28,950 $81,660 5110,610 003:WATER QUALITY 08211200 Nueces Rv at Bluntzer, Tx Temp., Cond., pH, Diss. Oxy., Turbidity Monitor (5 -Parra) 08211503 Rincon Bayou Channel near Calallen, TX Temp. and Cond. Monitor (2 -Farm) 08211502 Nueces Rv nr Odem, TX Temp. and Cond. Monitor (2 -Perm) WATER -QUALITY TOTAL: $0 $43,000 $43,000 $0 $43,000 $43,000 $0 $16,200 $16,200 $0 $16,200 $16,200 $0 $16,200 $16,200 $0 $16,200 $16,200 $0 $75,400 $75,400 PROJECT SURFACE WATER: 00170 USGS COOP TOTAL FUNDS FUNDS FUNDS $28,950 $81,660 8110,610 WATER QUALITY: 00370 $0 $75,400 575,400 TOTAL 528,950 $157,060 5186,010 USGS Contributions USGS Cooperative Matching Funds USGS Federal Priority Streamgage Funding $28,950 $46,350 Total USGS Contribution $75,304 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 12, 2017 Action Item for the City Council Meeting of September 19, 2017 DATE: September 1, 2017 TO: Margie C. Rose, MPA, City Manager THRU: Annette Rodriguez, M.P.H., Director of Public Health Annetter@cctexas.com 361.826.7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361.826.1348 Approving funds subject to reimbursement for services provided by Texas A&M Health Science Center (Coastal Bend Health Education Center) [CBHEC] utilizing Diabetes Care Team for the Corpus Christi-Nueces County Public Health District (CCNCPHD). Nueces County to reimburse full amount of paid funds per interlocal agreement. CAPTION: Motion approving up to but not to exceed $250,000.00 to pay for services provided by Texas A&M Health Science Center (Coastal Bend Health Education Center) [CBHEC] utilizing Diabetes Care Team for the Corpus Christi-Nueces County Public Health District (CCNCPHD) for the City contract period that ended May 2, 2017 and invoices between the City contract and the County contract that begins in August 1, 2017. Nueces County to reimburse full amount of paid funds per interlocal agreement. PURPOSE: To pay outstanding invoices billed by the Coastal Bend Health Education Center [CBHEC] Corpus Christi Texas, Diabetes Care Team for providing services that assisted the CCNCPHD in meeting its 1115 Waiver Program yearly metrics. BACKGROUND AND FINDINGS: CBHEC was awarded a contract through the process of RFP BI -0020-14 in May of 2014. CBHEC provided diabetes classes for the CCNCPHD 1115 Waiver Program from FY15-17. Because of the exceptional service that the CCNCPHD provided, all the program metric requirements were satisfied so that the CCNCPHD received full funding in the amount of $1.7M from the Health and Human Services, and was awarded another 3 years of funding. For the CCNCPHD to continue to meet program metrics, CBHEC has continued to provide services under the original City contract with CBHEC under a month to month provision in the contract. Therefore, the CCNCPHD requests the City Council to approve the payment of invoices due to CBHEC in an amount up to but not exceeding $250,000 so that the CCNCPHD can meet its program metric requirements under the current month -to month City contract with CBHEC, until the CCNCPHD can put in place a new contract between CBHEC and Nueces County to continue services for the CCNPHD. ALTERNATIVES: These are County pass through funds. If payment of funds is not approved, services under the CCNCPHD County program will be negatively affected. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This agreement conforms to the purchasing process requirements of the City -County Health District interlocal agreement. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2017 Project to Date Expenditures (CIP only) FY 2016-2017 Current Year TOTALS Line Item Budget — Original Estimate Approved by Council $ 840,000 $ 840,000 Expended Amount (Nueces County Funds) (852,320) (852,320) Outstanding Invoices to be Paid (193,760) (193,760) This item 250,000 250,000 BALANCE $ 43,920 $ 43,920 Fund(s): Medicaid 1115 waiver funds Comments: None RECOMMENDATION: Staff recommends approval of this motion as presented. LIST OF SUPPORTING DOCUMENTS: N/A AGENDA MEMORANDUM Future Item for the City Council Meeting of September 12, 2017 Action Item for the City Council Meeting of September 19, 2017 DATE: August 9, 2017 TO: Margie C. Rose, City Manager THRU: Samuel "Keith" Selman, Assistant City Manager KeithSe@cctexas.com 361.826.3898 FROM: Rudy Bentancourt, Housing and Community Development Director RudyB@cctexas.com 361.826.3044 Annual Board Meeting of the Corpus Christi Housing Finance Corporation CAPTION: Annual Board Meeting of the Corpus Christi Housing Finance Corporation PURPOSE: The purpose is to hold the Annual Board Meeting of the Corpus Christi Housing Finance Corporation and to elect officers. BACKGROUND AND FINDINGS: After each City Council election and the appointment of new board members, the CCHFC must elect new officers. The Bylaws provide for the following: President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, General Manager and Assistant General Manager. Typically, the President and Vice President have been elected from the Board of Directors and at the last election Chad Magill and Rudy Garza were elected to those positions. The Bylaws provide that all officers do not have to be Board members, and the remaining positions have been held by the persons on City staff holding the functional equivalent positions. The recommendation for these positions is as follows: General Manager Margie Rose Assistant General Manager Samuel "Keith" Selman Secretary Rebecca Huerta Assistant Secretary Paul Pierce Treasurer Constance Sanchez Assistant Treasurer Alma Casas Additionally, the Board will go into Executive Session pursuant to Section 551.072 of the Texas Government Code to discuss and deliberate the sale or exchange and value of the real property located on the west side of Chaparral Street between Peoples Street and Schatzel Street known as the Ward Building and adjacent parking lot, with possible action thereafter in open session. ALTERNATIVES: The City may select any persons as officers as indicated. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The action conforms to all applicable City and CCHFC policies. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires only one meeting of the CCHFC Board. DEPARTMENTAL CLEARANCES: Housing and Community Development and City Secretary's Office FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2017- 2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Staff recommends the election of new officers LIST OF SUPPORTING DOCUMENTS: Agenda for CCHFC Board Meeting Unapproved June 21, 2016, Board Meeting Minutes Treasurer's Report CCHFC Bylaws Date: Time: Location: AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION ANNUAL MEETING Tuesday, September 19, 2017 During the meeting of the City Council beginning at 11:30 a.m. City Council Chambers, Corpus Christi City Hall 1201 Leopard Street, Corpus Christi, Texas 78401 1. Vice President Rudy Garza calls meeting to order. 2. Secretary Rebecca Huerta calls roll. Board of Directors , President Rudy Garza, Vice President Michael T. Hunter Lucy Rubio Carolyn Vaughn Paulette Guajardo Ben Molina Joe A. McComb Greg Smith Debbie Lindsey -Opel 3. Election of Officers: 4. 5. 6. 7. President Vice President Public Comment Approval of the minutes of June 21, 2016. Review of Treasurer's Report. Officers Margie C. Rose, General Manager E. Jay Ellington, Asst. General Manager Rebecca Huerta, Secretary Paul Pierce, Asst. Secretary Constance P. Sanchez, Treasurer Alma Casas, Asst. Treasurer General Manager Assistant General Manager Secretary Assistant Secretary Treasurer Assistant Treasurer Executive Session pursuant to Section 551.072 of the Texas Government Code to discuss and deliberate the sale or exchange and value of the real property located on the west side of Chaparral Street between Peoples Street and Schatzel Street known as the Ward Building and adjacent parking lot, with possible action thereafter in open session. 8. Adjournment MINUTES CORPUS CHRISTI HOUSING FINANCE CORPORATION SPECIAL MEETING June 21, 2016 1:03 p.m. PRESENT Board of Directors Chad Magill, President Rudy Garza, Jr., Vice -President Michael T. Hunter Nelda Martinez Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Officers Ronald L. Olson, General Manager E. Jay Ellington, Asst. General Manager Rebecca Huerta, Secretary Paul Pierce, Asst. Secretary Constance P. Sanchez, Treasurer Alma Casas, Asst. Treasurer President Magill called the meeting to order in the Council Chambers of City Hall at 1:03 p.m. Secretary Huerta verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been posted. President Magill, deviated from the agenda and referred to Item 7 and called for public comment. There was none. President Magill, referred to Item 3 and called for approval of the minutes of the April 19, 2016 Annual Meeting. Board Member Rubio made a motion to approve the minutes as presented, seconded by Board Member McIntyre, and passed as follows: Garza, Hunter, McIntyre, Magill, Martinez, Rosas, Rubio, Scott, and Vaughn voting "Aye". President Magill, referred to Item 4 and called for the presentation of the Corpus Christi Housing Finance Corporation (CCHFC) Treasurer's Report ending April 30, 2016. Constance Sanchez, Director of Finance, stated the Statement of Net Position Report showed assets were $1,330,379 with liabilities of $406,152 for a total fund balance of $924,227. She reported the total revenues for that period were $15,397, expenditures of $1,124 with an excess of revenues over expenditures of $14,273 for a total fund balance of $924,227. There were no questions. President Magill, referred to Item 5, designation of a new General Manager. He stated staff is recommending the new appointment of Margie C. Rose as General Manager. Board Member Martinez made a motion to appoint Margie C. Rose as General Manager, seconded by Board Member Scott, and passed as follows: Garza, Hunter, McIntyre, Magill, Martinez, Rosas, Rubio, Scott, and Vaughn voting "Aye". President Magill, referred to Item 6, adoption of a resolution authorizing the execution of loan documents with River View at Calallen, LP and Citibank, N.A., in connection with a loan in the amount of $1,440,000 to assist in financing the development of the River View at Calallen Apartments. John Bell, Legal Counsel for CCHFC, stated in February 2015 CCHFC approved loan commitments for five different projects that were vying for low-income housing tax credits through the State, with the understanding that the applicants that won the program at the State level would Minutes — CCHFC June 21, 2016 — Page 2 then have their commitment move forward. There were two winners in Corpus Christi. One was the Glenoak Apartments Renovation Project and the other was the River View at Calallen Apartments Project which won in the regional competition. Mr. Bell stated the loan commitment was for a loan in an amount of up to $1.8 million for a term of 15 years with a 30 -year amortization at 3%, conditioned on the developer providing a loan through its lender to the CCHFC to provide the necessary funds to make that loan. Mr. Bell said the representative developer, Henry Flores, Sr., who was present at the meeting, and had negotiated with Citibank, N.A., his primary lender, who will have the first lien on the developer's project property in the amount of $1,440,000. Mr. Bell explained that this is the amount of money needed for the project to move forward. Mr. Bell stated that the 30 -year amortization needs to be changed to a 35 -year amortization because Citibank has the 35 -year amortization on their primary loan and they want the two to match. A board member asked for clarification of the loan process. Mr. Bell stated that the type of funding that is needed for the CCHFC is called conduit financing where the developer makes the funds available through its lender, CitiBank, N.A., who in turn loans the money to the CCHFC and the CCHFC loans the money to River View at Calallen Apartments. A Board member asked when the final selection was made to select the projects. Mr. Bell replied in July 2015. President Vaughn made a motion to approve a resolution authorizing the execution of loan documents with River View at Calallen, LP and Citibank, N.A., in connection with a loan in the amount of $1,440,000 to assist in financing the development of the River View at Calallen Apartments, seconded by Board Member Rubio. The foregoing resolution was passed and approved with the following vote: Garza, Hunter, McIntyre, Magill, Martinez, Rosas, Rubio, Scott, and Vaughn voting "Aye". There being no further business to come before the Corporation, President Magill adjourned the meeting at 1:15 p.m. on June 21, 2016. 9030 CC HOUSING FINANCE CORPORTATION COMPARATIVE BALANCE SHEET June 30, 2017 June 30 FY 2017 2016 Assets Cash, cash equivalents & investments $ 184,741 $ 127,330 Receivables Accounts 397,152 397,152 Total assets LIABILITIES AND FUND BALANCES Liabilities Deferred revenue Total liabilities $ 581,893 $ 524,482 $397,152 $397,152 397,152 397,152 Fund Balance Assigned 184,741 127,330 Total fund balance 184,741 127,330 Total liabilities and fund balances $581,893 $524,482 9030 CC HOUSING FINANCE CORPORATION INCOME STATEMENT FOR THE NINE MONTHS ENDED JUNE 30, 2017 June 30 FY 2017 2016 Revenues Charges for services $ 53,483 $ 42,037 Contributions and Donations 5,000 0 Earnings on investments 52 4 Total revenues 58,535 42,041 Expenditures Administration cost Total expenditures Excess (deficiency) of revenues over (under) expenditures Fund balance at beginning of year Fund balance at end of year 1,124 1,711 1,124 1,711 57,411 40,330 127,330 87,000 $ 184,741 $ 127,330 City of Corpus Christi CORPUS CHRISTI HOUSING FINANCE CORPORATION SCHEDULE OF NET POSITION SEPTEMBER 30, 2016 ASSETS Cash, cash equivalents and investments Receivables Accounts Capital assets, net of accumulated depreciation Exhibit 26-A Governmental Schedule Funds Adjustments of Net Position $ 127,330 $ $ 127,330 397,152 397,152 795,445 795,445 Total assets $ 524,482 795,445 1,319,927 LIABILITIES Unearned revenues Other $ 397,152 397,152 Total liabilities 397,152 397,152 FUND BALANCE Assigned Housing 127,330 (127,330) Total liabilities and fund balance $ 524,482 NET POSITION Investment in capital assets 795,445 795,445 Unrestricted 127,330 127,330 Total net position $ 922,775 $ 922,775 182 City of Corpus Christi Exhibit 26-B CORPUS CHRISTI HOUSING FINANCE CORPORATION SCHEDULE OF ACTIVITIES YEAR ENDED SEPTEMBER 30, 2016 Governmental Schedule Funds Adjustments of Activities Expenditures/expenses Community development $ 1,710 $ 27,508 $ 29,218 Total expenditures/expenses 1,710 27,508 29,218 Program revenue Charges for services 42,037 42,037 Net program revenue (expense) 40,327 (27,508) 12,819 General revenue Earnings on investments Change in fund balance/net position Fund balance/net position beginning of year Fund balance/net position end of year 183 3 3 40,330 87,000 (27,508) 12,822 822,953 909,953 $ 127,330 $ 795,445 $ 922,775 CORPUS CHRISTI HOUSING FINANCE CORPORATION BYLAWS ARTICLE I - OFFICERS Section 1.01. The principal office of the corporation shall be in the City of Corpus Christi, County of Nueces, State of Texas. ARTICLE II - DIRECTORS Section 2.01. The number of Directors which shall constitute the whole Board shall be nine. The initial Directors shall serve for a period coterminous with the terms of City Council members at the time of adoption of these bylaws. The successor Directors shall be elected for terms approximately coterminous with the terms of City Council members. Any director may succeed himself. Section 2.02. The property and business of the corporation shall be managed by the Board of Directors which may exercise all powers of the corporation and do all lawful acts. Section 2.03. The annual meeting of the Board of Directors shall be held at the principal office of the Corporation during a City Council meeting in February of each year, or at such time and place as shall be designated by the President on three days' written notice to each of the Directors. All other meetings may be held at the place selected by the Board either within or without the State of Texas. Section 2.04. Regular meetings, other than the annual meeting, may be held at such time as shall be determined by the Board. Section 2.05. Special meetings of the Board may be called by the President on three days' notice to each Director, either personally or by mail or by telegram; special meetings shall be called by the President or Secretary in like manner on like notices on the written request of two Directors. Section 2.06. At all meetings of the Board the presence of a majority of the Directors shall be necessary and sufficient to constitute a quorum for the transaction of business and the act of a majority of the Directors present at any meetings at which there is a quorum shall be the act of the Board of Directors, except as may be otherwise specifically provided by these bylaws. If a quorum shall not be present at any meeting of the Directors, the Directors present thereat may recess the meeting from time to time, without notice other than announcement at the meeting, until a quorum shall be present. Section 2.07. A meeting of the Directors can be held at any time without notice upon the execution by all Directors, of a written waiver of notice, and likewise may be held without notice when all of the Directors are present at the meeting. Committees of Directors Section 2.08. The Board of Directors may, by resolution or resolutions adopted by a majority of the whole Board, establish one or more committees, each committee to consist of two or more of the Directors of the corporation, which to the extent permitted by law and if so provided in said resolution or resolutions, when the Board is not in session, shall have and exercise the powers of the Board of Directors in the management of the business and affairs of the corporation, and may have power to authorize the seal of the corporation to be affixed to all papers which may require it. Such committee or committees shall have such name or names as may be determined from time to time by resolution adopted by the Board of Directors. Section 2.09. The committees shall keep regular minutes of their proceedings and report the same to the Board when required. Section 2.10. Directors, as such, shall not receive any compensation for their services, but, by resolution of the Board a reimbursement of expenses of attendance, if any, may be allowed for attendance at each regular or special meeting of the Board. Members of special or standing committees may be allowed like reimbursement for attending committee meetings. ARTICLE III - NOTICES Section 3.01. Whenever, under the provisions of the statutes or these bylaws, notice is required to be given to any Director, it shall not be construed to mean personal notice, but such notice may be given in writing, by mail, addressed to such Director at such address as appears on the books of the corporation, and such notice shall be deemed to be given at the time when the same shall be thus mailed. Section 3.02. Whenever any notice is required to be given under the provisions of the statutes or of these bylaws, a waiver thereof in writing signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent thereto. ARTICLE IV - OFFICERS Section 4.01. The officers of the corporation shall be chosen by the Board of Directors. The Board of Directors shall choose from its members a President and a Vice President. The Board of Directors shall also choose a Secretary and a Treasurer who may or may not be members of the Board of Directors. The Board of Directors shall, by majority vote of all members, designate a General Manager of the corporation. The Board of Directors also shall have the option, by a majority vote of all members, to designate an Assistant General Manager of the corporation. The General Manager and the Assistant General Manager shall not members of the Board of Directors, but shall serve at the pleasure of the Board of Directors, and shall be under their supervision. Any two or more offices may be held by the same person, except the offices of President, Secretary and General Manager. 2 Section 4.02. The Board of Directors shall choose such officers at its first meeting and at each annual meeting thereafter. Section 4.03. The officers of the corporation chosen pursuant to Section 4.02 shall serve until the next annual meeting of the Board of Directors or until their successors are chosen and qualify in their stead. Section 4.04. The Board may appoint such other officers and agents as it shall deem necessary, who shall hold their offices for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board. Section 4.05. Any officer elected or appointed by the Board of Directors may be removed at any time by the affirmative vote of a majority of the whole Board of Directors. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board of Directors. The President Section 4.06. The President shall preside at all meetings of the Directors. Section 4.07. The President shall be ex officio a member of all standing committees, shall have general supervision of the management of the business of the corporation, and shall see that all orders and resolutions of the Board are carried into effect. Section 4.08. The President shall execute bonds, mortgages and other contracts requiring a seal, under the seal of the corporation, except where required for permitted by law to be otherwise signed and executed and except where the signing and execution thereof shall be expressly delegated by the Board of Directors to some other officer or agent of the corporation. Vice President Section 4.09. The Vice President shall, in the absence or disability of the President, perform the duties and exercise the powers of the President, and shall perform such other duties as the Board of Directors shall prescribe. The Secretary Section 4.10. The Secretary shall attend all sessions of the Board and record all votes and the minutes of all proceedings in a book to be kept for that purpose and shall perform like duties for the standing committees when required. He shall give, or cause to be given, notice of all special meetings of the Board of Directors and shall perform such other duties as may be prescribed by the Board of Directors under whose supervision he shall be. He shall keep in safe custody the seal of the corporation and, when authorized by the Board, affix the same to any instrument requiring it, and when so affixed, it shall be attested by his signature. And when the corporate seal is required as to instruments executed in the course or ordinary business he shall attest to the signature of the President or Vice President and shall affix the seal thereto. 3 The Treasurer Section 4.11. The Treasurer shall have the custody of the corporate funds and the securities and shall keep full and accurate accounts of receipts and disbursements in books belonging to the corporation and shall deposit all moneys and other valuable effects in the name and to the credit of the corporation in a depository as shall be designated by the Board of Directors. He shall disburse the funds of the corporation as may be ordered by the Board, taking proper vouchers for such disbursements, and shall render to the President and Directors, at the regular meetings of the Board, or whenever they may require it, an account of all his transactions as Treasurer and of the financial condition of the corporation. The Board of Directors may appoint an Assistant Treasurer to assist the Treasurer and who, in the absence or inability of the Treasurer to serve, shall perform the duties of the Treasurer. The General Manager Section 4.12. The General Manager shall oversee and be responsible for the overall management and administration of the corporation. The Board of Directors may appoint an Assistant General Manager to assist the General Manager and who, in the absence or inability of the General Manager to serve, shall perform the duties of the General Manager. Section 4.13. The Board of Directors may require the President, Vice President, the Secretary and the Treasurer to give the corporation bonds on such sums and with such surety or sureties as shall be satisfactory to the Board for the faithful performance of the duties of their office and for the restoration to the corporation, in case of death, resignation, retirement or removal from office, of all books, papers, vouchers, money and other property of whatever kind in their possession or under their control belonging to the corporation. ARTICLE V - FISCAL PROVISIONS Section 5.01. The Board of Directors shall have prepared for each annual meeting a full and clear statement of the business and condition of the corporation. Checks Section 5.02. All checks or demands for money and notes of the corporation shall be signed by and any two of the following: the President, the Vice President, the Secretary, the Treasurer, the Assistant Treasurer, the General Manager, the Assistant General Manager, or such other person or persons as the Board of Directors may from time to time designate. Fiscal Year Section 5.03. The fiscal year shall be determined by resolution of the Board of Directors. ARTICLE VI - SEAL 4 Section 6.01. The corporate seal shall be circular and shall have inscribed in the outer circle the name of the corporation, and shall have inscribed in the inner circle the letters "T E X A S" and a five -pointed star. Said seal may be used by causing it or a facsimile thereof to be impressed or affixed or reproduced or otherwise. The imprint of this seal thus authorized is affixed opposite to this section. ARTICLE VII - AMENDMENTS Section 7.01. These bylaws may be altered, changed or amended at any meeting of the Board of Directors at which a quorum is present, provided notice of the proposed alteration, change or amendment be contained in the notice of such meeting, by the affirmative vote of a majority of the Directors at such meeting and present thereat. F:\2705\0\Bylaws-Amended-14-0218.docx 5 Appointment of Charter Review Ad Hoc Committee REBECCA L. HUERTA, CITY SECRETARY SEPTEMBER 12, 2017 Background March 28, 2017 - Briefing to discuss process for City Charter Review ➢ First available election date — November 5, 2019 ➢ Discussion regarding target election date, but no clear consensus — November 2019 or November 2020? ➢ Council decided on a comprehensive review of the Charter ➢ Charter review committee would be composed of citizens with in-house legal support ➢ Simplify the language in the charter ➢ Appointment process ■ Individual council members would make nominations, which would be subject to confirmation by City Council ■ City Council would appoint the chairperson ■ Council would revisit issue after May special election for mayor. July 11, 2017 - Council Member Rubio made a motion to add a future agenda item regarding the appointment of the Charter Review Commission to a future agenda Summary ➢Staff needs direction from Council regarding a target election date before creating timeline ■ November 5, 2019 ■ Uniform election date in 2020 (May or November). Questions? City Council Meeting Minutes March 28, 2017 council agenda after the city council has a workshop on this item. 35. Supply Agreement for Sodium Bisulfite for the Wastewater Treatment Plant Motion authorizing City Manager, or designee, to execute a supply agreement with Southern Ionics, Inc., of West Point, Mississippi for the purchase of Sodium Bisulfite ("chemical") in response to Request for Bid No. 1026 based on the lowest, responsive, responsible bid for a total amount not to exceed $372,677.81, with an estimated expenditure of $155,282.42 in FY2016-2017 and funded by the Wastewater Fund. The term of the agreement is for one year with an option to extend for up to two additional one year periods, subject to the approval of the supplier and the City Manager or designee. This Motion was recommended to the consent agenda. 36. Motion authorizing renewal of property insurance Motion authorizing the City Manager to execute all documents necessary to renew property insurance, including All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown insurance through Carlisle Insurance Agency, Broker of Record, for upcoming policy year (May 5, 2017 -May 5, 2018) and policy years 2018-19 and 2019-20 in exchange for an annual premium in amounts not to exceed the total amount of original bid ($2,001,750) and further subject to the reduced premium of $1,952,914.52 for upcoming policy year, of which $797,217.16 is required for the remainder of FY 2016-2017. This Motion was recommended to the consent agenda. Q. BRIEFING: (ITEM 371 37. Process for City Charter Review Mayor Pro Tem Rubio referred to item 37. City Secretary Rebecca Huerta stated that the purpose of this item is to begin preliminary discussions regarding review of the City Charter Review. Per stats law, the Charter may not be amended more than every two years, 730 days. The next available uniform election date would be on November 5, 2019. City Secretary Huerta provided the following discussion topics for City Council Input: who would lead the comprehensive review of the Charter the proposal process; and the appointment process the Council would prefer to use for the Charter Review Committee members. Council members discussed the following topics: an overall comprehensive review of the entire Charter, a charter commission comprised of citizens with support by in-house legal staff; simplifying the language in the Charter, nominations for the committee to be made by each individual council member Corpus COW Pall* 22 Prkited an 41712017 City Council Meeting Minutes March 28, 2017 and confirmed by a majority of the City Council; and revisiting the discussion after the upcoming special election for mayor. R. LEGISLATIVE UPDATE: Mayor Pro Tem Rubio referred to the Legislative Update. Director of Intergovermental Relations Tom Tagliabue provided updates on the following legislation: revenue cap biN; school financing; short-term vacation rentals; small cell node technology; transportation network companies; immigration enforcement; tree regulations; plastic bag bans; manufactured home communities; local debt issuance; use of the rainy day fund to address the Defense Economic Adjustment Assistance Grant (DEAAG) Program; possible budgets cuts for univensities; transportation funding; prohibiting tax abatements for windfarms; and the seller's disclosure bill. Council members discussed providing feedback on the City's position on bills and fuel tax. S. EXECUTIVE SESSION: (ITEMS 39 and 411 Mayor Pro Tem Rubio referred to Executive Session Items 39 and 41. The Council went into executive session at 8:57 p.m. The Council returned from executive session at 7:54 p.m. 39. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys conceming litigation (In re Mark Scott) and other legal issues related to Article II of the Charter of the City of Corpus Christi, matters related to eligibility to serve on City Council, term limits, the application of term limits provisions of the City Charter to Mark Scott, the application of candidacy qualification provisions by the City Secretary and presiding officer, and timing issues related thereto, candidacy qualifications pursuant to the Texas Election Code, Texas Election Code 145.003, litigation relating to the aforementioned issues, and other legal questions related thereto. This E -session Item was withdrawn. 41. 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, disannexation, apportionment of extra -territorial jurisdiction between municipalities, Interlocal agreements with water districts and neighboring municipalities, contracts for the 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 Corpus Chrls1 Pays 23 Prhtrsd ea 4/7/2017