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Agenda Packet City Council - 01/09/2018
Cit of Cor us Christi 1201 Leopard Street o� `uCorpus Christi,TX 78401 f r , cctexas.com ' ' Meeting Agenda - Final ap'141YgV'xi;V City Council Tuesday,January 9,2018 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 Rob Baley, Southside Community Church. C. Pledge of Allegiance to the Flag of the United States to be led by Sarah DeLeon, Victim Case Manager, Police Department. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 18-0084 Proclamation declaring January 11, 2018, "National Human Trafficking Awareness Day". Proclamation declaring January 15, 2018, "Martin Luther King Holiday Celebration and Commemorative March". Swearing-in Ceremony for newly appointed Board, Commission, Committee and Corporation members. City of Corpus Christi Page 1 Printed on 1/8/2018 City Council Meeting Agenda-Final January 9,2018 F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. UTILITY BILLING SOFTWARE CONVERSION b. 18-0092 REVIEW OF WASTEWATER RATES Attachments: Breiffig -01-09-1 WW Rate Briefing C. OTHER G. MINUTES: 2. 18-0040 Regular Meeting of December 19, 2017. Attachments: Minutes- December H. BOARD &COMMITTEE APPOINTMENTS: 3. 18-0035 Corpus Christi Aquifer Storage and Recovery Conservation District Attachments: Corpus Christi Aquifer Storage and Recovery Conservation District 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 11812018 City Council Meeting Agenda-Final January 9,2018 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. 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. 17-1446 Resolution approving the Director of the Corpus Christi Nueces County Public Health District's appointment of Dr. William Burgin, Jr. to serve as the Local Health Authority for the Public Health District for a two-year term Resolution approving the Director of the Corpus Christi Nueces County Public Health District's appointment of Dr. William Burgin, Jr. to serve as the Local Health Authority for the Public Health District for a two-year term beginning December 18, 2017 and ending December 18, 2019. Attachments: Agenda Memo(City Appointment of LHA 12-18-2017 to 12-18-201) 11-15-2017 Resolution_(Appointment of Dr. Burning as LHA) 12-18-2017 to 12-18-2019)@1 DSHS Certificate of Appointment of LHA Blank Forms(Rev. 6-3-2016) 5. 17-1508 Resolution authorizing Food Purchase for Senior Center Meals Program Resolution authorizing the City Manager to execute all documents necessary to purchase up to $329,944.00 in food supplies for the City Senior Center Meals Program through the Coastal Bend Council of Governments ("CBCOG") participation in the TEXAS 20 Purchasing Cooperative as organized and administered by the Education Service City of Corpus Christi Page 3 Printed on 1/8/2018 City Council Meeting Agenda'Final January S.3O10 Center, Region 20; and ratifying the purchase of food supplies for said program in October-December 2017 through the CBC[}G participation in the TEXAS 2OPurchasing Cooperative inamount of$5O.133.00from Labatt Food Services and $8,468.00 from Hill Country Dairies. Attachments: Agenda Mem -QBCOG Food Program Pur hase- 121417 6. 17-i4<95 Resolution authorizing an Interlocal Agreement with Regional Education Service Center#2 -KSoodbuy Purchasing Cooperative Resolution authorizing the City Manager, ordesignee, toexecute an interlocal participation agreement with local Regional Education Service Center#2 in order to participate in their cooperative purchasing program for the benefit of the City. Attachments: Agenda-Me mo_-Good b General Conditions--_ESC__Region_2_Goodb 7' 1[7-1K52>4 Second Reading Ondinanoe -Ammendingthe Unified Development Code to revise the duration of the materials and workmanship warranty for all private and public infrastructure improvements (1st Reading 12/19/17) Ordinance amending the Unified Development Code ("UDC") by Amending Article 8. Section 8.1. subsection 8.1.O.Aentitled "Acceptance ofImprovements" ofthe UDC byrevising the duration ofthe materials and workmanship warranty for streets from one totwo years from the date of final (10096) acceptance; and providing for severance, pena|dea, and publication. Attachments: Agenda Memo,Warranty peri d REV Ordinance Amending Warranty eriod-Alternative Final 8' 17-1486 Second Reading Ondinanoe - Rezoning property located at 8154 Leopard Street and 8128 Leopard Street (Public Hearing 12/12/17) (1stReading 12/19/17) Case No. 0917-02 Ardoin Inc.: Achange ofzoning from the ''CG-2XSP^ General Commercial District with Special Permit to the ''|L^ Light Industrial District. The property is described as being Suntide Industrial Park, Block 2, Lots 1 and 2. located along the north aide of Leopard Street, east of Tu|oao Road, and west ofGundde Road. City v,Corpus oouoo Page Printed vn/18omo City Council Meeting Agenda-Final January 9,2018 Planninq Commission and Staff Recommendation (November 1, 2017): Approval of the change of zoning from the "CG-2/SP" General Commercial District with Special Permit to the "IL" Light Industrial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Ardoin Inc. ("Owner"), by changing the UDC Zoning Map in reference to Suntide Industrial Park, Block 2, Lots 1 and 2, from the "CG-2/SP" General Commercial District with Special Permit to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0917-02 Ardoin Inc. Ordinance 0917-02 Ardoin Inc. Presentation 0917-02 Ardoin Inc. -Legistar Zoning Report 0917-02 Ardoin Inc. 9. 17-1522 Second Reading Ordinance -Closing of a drainage easement and right-of-way located east of Rand Morgan Road, between Leopard Street and Oregon Trail (1st Reading 12/19/17) Ordinance abandoning and vacating a 4.385 acre drainage easement and right-of-way out of a portion of Artemus Roberts Subdivision, Lots 3, 6, and 11, located east of Rand Morgan Road, between Leopard Street and Oregon Trail and requiring the owner, MPM Development, LP, to comply with the specified conditions. Attachments: Agenda Memo-Artemus Drainage Closure Ordinance with Exhibits-Artemus Drainage Closure Presentation-Artemus Drainage Closure 10. 17-1458 Second Reading Ordinance -Construction Contract for the Oso Water Reclamation Plant Headworks and Lift Station (Capital Improvement Program) (1st Reading 12/19/17) Ordinance rejecting the apparent low bid of COBRA/CYMI JV as non-responsive and authorizing the City Manager or designee to execute a construction contract with CSA Construction, Inc. of Houston, Texas as the lowest responsive, responsible bidder in the amount of$22,865,540 for the Oso Water Reclamation Plant Headworks and Lift Station for the Total Base Bid plus Additive Alternate No. 1. (Capital Improvement Program (CI P)) Attachments: Agenda Memo-Oso WRP Ordinance-Oso WRP Headworks Project Budget-Oso WRP.As City of Corpus Christi Page 5 Printed on 1/8/2018 City Council Meeting Agenda'Final January S.3O10 Location Map-Oso WRP.pdf Presentation-Os Form 1295-Oso WRP Letter of Recommendation-Oso L. RECESS FOR LUNCH The City Council will take alunch break adapproximately/:30p.m. M. PUBLIC HEARINGS: (ITEM 11) 11' 1R8-8{}15 Public Hearing and First Reading Ordinance -Rezoning Property Located at 602, 606, and 646 South C|arkwood Road (Requires % vote) Case No. 1017-01 Yiu, Inc.: Achange ofzoning from the ''R-MH^ Manufactured Home District and ''|L^ Light Industrial District tothe ''RV^ Recreational Vehicle Park District. The property iadescribed aabeing a 15.8O95-aoretract ofland out ofAssessors Map 148Tract M. Survey 4O2 ABS 988. located on the east aide of South C|arkvvood Road approximately 1.880 feet south of State Highway 44. Planninq Commission and Staff Recommendation (November 15, : Approval of the change of zoning from the "R-MH" Manufactured Home District and ''|L^ Light Industrial District tothe ''RV^ Recreational Vehicle Park District. Ordinance Ordinance amending the Unified Development Code (''UOC^), upon application by `yiu. Inc. (''(}vvner^), by changing the UDC Zoning Map in reference toa 15.8O95-aoretract ofland out ofAssessors Map 148 Tract M. Survey 4O2ABS 988, from the "R-MH" Manufactured Home District and "IL^ Light Industrial District tothe ''RV^ Recreational Vehicle Park District; amending the Comprehensive Plan bzaccount for any deviations; and providing fora repealer clause and publication. Attachments: Ordinance 1017-01 Yiu, Inc. (Cla kwood RV Park) Zoning Report 1017-01 Yiu, Inc Presentation- 1017-01 Yiu, Inc. Clarkwood RV N. REGULAR AGENDA: (ITEMS 12 - 13) The following items are motions, resolutions and ordinances that will boconsidered and voted onindividually. 12. 17-i563 Resolution toissue aRequest for Qualifications for a Public-Private Partnership Program Manager City v,Corpus oouoo Page Printed vn/18omo City Council Meeting Agenda'Final January S.3O10 Resolution authorizing the City Manager ordesignee bzproceed with the issuance of Request for Qualifications (RFQ) fora Public-Private Partnership (P3) Program Manager to act as the City's Representative for the Wastewater Management Program Implementation. Attachments: Agenda-Memo- Resolution of Direction 13' 1[7-1C38K6 Second Reading Ondinanoe - ydueoesE|eotrioCoopenmtiveE|eotrio Franchise (28-Day Delay Required) (1stReading 11/7/17) Ordinance Granting To Nueoea Electric Cooperative, Its Successors And Assigns, ANon-Exclusive Franchise ToConstruct, Maintain And Operate Lines And Appurtenances And Appliances For Conducting Electricity In, Over, Under And Through The Streets, Avenues, Alleys And Public Righta-(}f-VVay (}fThe City (}fCorpus Christi, Texas. Attachments: Agenda Mem - NEC Franchi Ordinance- NEC Franchise final document 10-23-2017 0. FIRST READING ORDINANCES: (ITEMS 14 - 16) 14. 17-1488 First Reading Ondinanoe -Aooeptingfourgnmntafrommthe Texas Office ofthe Governor Homeland Security Grant Division Ordinance authorizing the City Manager ordesignee toexecute all documents necessary toaccept 4grants totaling of$141.817.88from the Texas Office ofthe Governor - Homeland Security Grant Division, Homeland Security Grant Program for training and equipment; and appropriating $141,817.88 from the Texas Office of the Governor - Homeland Security Grant Division, Homeland Security Grant Program into the No. 1062 Fire Grants Fund to carry out homeland security projects. Attachments: Agenda Mem - HSGP 2018 Ordinance- HSGP grant 2018- ire 15. 17-i473 First Reading Ondinanoe -AmmendingtheCode ofOrdinances to Allow Third-Party Inspection Reporting Systemm (Counoi| Priority - WatmM Ordinance amending Corpus Christi Code ofOrdinances, Sections 14-281 & 14-281 authorizing third-party inspection reporting system for backflow preventers; authorizing the execution of one year auto renewing agreement with Bryoer, LLC, ofVVarrenvi||e, |L for a third-party inspection reporting system; providing for penalties and publication. Attachments: City v,Corpus oouoo Page Printed vn/18omo City Council Meeting Agenda-Final January 9,2018 Ordinance with Contract- EMger Ord with Contract 1295 Notarized Signed 16. 17-1572 First Reading Ordinance -Authorizing a five-year lease agreement for cattle grazing at the Former Westside Landfill -75 acres Ordinance authorizing the City Manager or designee to execute a five-year lease agreement with John Steven (Steve) Twilligear to utilize 74.84 acres at the former Westside Landfill for grazing cattle in consideration of a total annual lease payment of$2,170.36 for a total lease term amount of $10,851.80 based on $29 per acre. Attachments: Agenda Memo-Grazing Lease Westside.docx Ordinance-Grazing Lease Westside Lease Agreement-Grazinq Lease Westside.pdf Location Map-Grazing Lease Westside.pdf Vicinity Map-Grazing Lease Westside.pdf Form 1295-Grazing Lease Westside.pdf Presentation-Grazing Lease. Westside revised 1.4.18 P. FUTURE AGENDA ITEMS: (ITEMS 17 -27) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 17. 17-1512 Purchase of Police Vehicles Motion approving the purchase of 45 police vehicles from Caldwell Country Ford dba Rockdale Country Ford, of Rockdale, Texas, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard for the total amount not to exceed $1,389,685.00. Funds have been approved for FY2017-2018. Attachments: Agenda Memo- Police Vehicles Price Sheet-Police Vehicles 18. 17-1529 Purchase of Two 15-Passenger Vans for the Police Department Motion approving the purchase of two 15-passenger vans from Caldwell Country Chevrolet from Caldwell, Texas, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard for the total amount not to exceed $58,788.00, funded in FY2017-18. Attachments: Agenda Memo-_Passenger Vans Price Sheet-Passenger Vans City of Corpus Christi Page 8 Printed on 1/8/2018 City Council Meeting Agenda-Final January 9,2018 19. 17-1545 Purchase of three 2018 Medic Units for the Fire Department Motion approving the purchase of three 2018 Medic Units from Knapp Chevrolet, of Houston, Texas, based on the cooperative purchasing agreement with Local Government Purchasing Cooperative dba BuyBoard, for a total amount not to exceed $669,725.00, for which funds are budgeted for FY2017-18 in the Fleet Maintenance Service Fund. Attachments: Agenda Memo- Medic Unit Price Sheet-Medic Units 20. 17-1432 Resolution amending the Reformed Cooperative Agreement with Nueces County for operation of the Corpus Christi-Nueces County Public Health District Resolution authorizing the City Manager or designee to execute a Second Amendment to the Reformed Cooperative Agreement between the City of Corpus Christi and the County of Nueces County, Texas to Operate a Public Health District, to provide for additional cost-shares of expenditures from the County to the City. Attachments: Agenda Memo(2nd.Amend. to City-County PHD Agreement)@cv.11-17-2017 Resolution-Authorizing a 2nd Amend. to Cooperative Agree. to Operate a PHD(c City &County Agreement to Operate a PHD(2nd Amendment-Approved by Coy 21. 17-1463 Professional Services agreements for Geotechnical and Construction Materials Testing (Council Priority -Streets) Motion authorizing the City Manager, or designee, to execute three (3) separate two-year Master Services Agreements (MSAs)with not-to-exceed amounts of$800,000 each with Professional Service Industries, Rock Engineering & Testing Laboratory, and Tolunay-Wong Engineers for geotechnical engineering and construction materials testing. The aggregate not-to-exceed value of these three contracts is $2,400,000. Attachments: Agenda Memo- MSAs Geotech Constr Materials Testing Project Budget- MSAs Geotech Constr Materials Testing Location Map- MSAs Geotech Constr Materials Testing MSA- MSAs Geotech Constr Materials Testing PSI MSA- MSAs Geotech Constr Materials Testing ROCK ENGINEERING MSA- MSAs Geotech Constr Materials Testing TOLUNAY WONG Presentation- MSAs Geotech Constr Materials Testing COF- MSAs Geotech Constr Materials Testing 22. 17-1570 Accepting Reimbursement funds for Debris Removal Costs Associated with Hurricane Harvey City of Corpus Christi Paye 9 Printed on 1/8/2018 City Council Meeting Agenda-Final January 9,2018 Motion authorizing the City Manager, or designee, to execute all documents necessary to accept $502,449.01 reimbursement from Texas Department of Public Safety of the City's local cost share expended for debris removal costs under Federal Emergency Management Agency's (FEMA's) Public Assistance Disaster Grant Program for Hurricane Harvey. Attachments: Aqenda Memo- Harvey Reimbursement.docx 23. 17-1571 Professional Services Contract for Solid Waste Air Compliance and Gas System Monitoring 2018 Motion authorizing the City Manager, or designee, to execute a professional services contract with Stearns, Conrad and Schmidt, Consulting Engineers, Inc., (SCS) of Bedford, Texas in the amount of $158,840 for Solid Waste Air Compliance and Gas System Monitoring 2018. Attachments: Agenda Memo-Solid Waste Project Budget-Solid Waste Location Map-Solid Waste Presentation-Solid Waste Contract-Solid Waste 24. 18-0068 Engineering Design Contract for Greenwood Wastewater Treatment Plant Electrical Improvements to Ultraviolet System (Capital Improvement Program) Motion authorizing the City Manager, or designee, to execute a professional services contract with Lockwood, Andrews, and Newnam, Inc. (LAN) of Corpus Christi, Texas in the amount of$537,441 for Greenwood Wastewater Treatment Plant (WWTP) Electrical Improvements to Ultraviolet (UV) System for design, bid, and construction phase services. (Capital Improvement Program - CIP) Attachments: Agenda Memo Project Budget-Greenwood WWTP.As Location Map-Greenwood WWTP.pdf Presentation-Greenwood WWTP.pptx Contract-Greenwood WVVTP 25. 17-1460 Purchase of a Pump Motor for O.N. Stevens Water Treatment Plant (Council Priority -Water) Motion authorizing the City Manager or designee to approve the purchase of a Teco Westinghouse pump motor for O.N. Stevens Treatment Plant from Weisinger Incorporated of Conroe, Texas in accordance with Request for Bid (RFB) No. 1358, based on the lowest responsive, responsible bid for a total amount not to exceed $85,588.00, budgeted in FY2017-18. City of Corpus Christi Page 10 Printed on 1/8/2018 City Council Meeting Agenda-Final January 9,2018 Attachments: Agenda Memo- Pump Motor Bid Tabulation- Pump Motor Form 1295-Pump Motor.pdf 26. 17-1528 Resolution for sole source purchase of Turbidity Meters and Equipment for O.N. Stevens Water Treatment Plant(Council Priority -Water) Resolution finding that the purchase of TU5 Series turbidity meters and equipment for O.N. Stevens Water Treatment Plant is necessary to preserve and protect the public health and safety of the city's residents and a sole source procurement; and authorizing the City Manager, or designee, to purchase TU5 Series turbidity meters and equipment from Hach Company of Loveland, Colorado, for a total amount not-to-exceed $113,157.12. Attachments: Agenda Memo-Turbidity Meters Resolution Sole Source-Turbidity Meters Price Sheet-Turbidity Meters 27. 17-1462 Supply Agreement for Gas Meters for two years at $271,600.00 with two additional one-year options at a total potential multi-year amount of$543,200.00 Motion authorizing City Manager, or designee, to execute a supply agreement with Wilnat, Inc., of Tulsa, Oklahoma for the purchase of Gas Meters in response to Request for Bid No. 1391 based on the lowest responsive, responsible bid for a total amount not to exceed $271,600.00, with an estimated expenditure of$90,533.00 in FY2017-2018 funded by the Gas Fund. The term of the agreement is for two years with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City, with a total potential multi-year amount of $543,200.00. Attachments: Agenda Memo- Purchase of Gas Meters Bid Tabulation- Purchase of Gas Meters Supply Agreement- Purchase of Gas Meters Form 1295-Purchase of Gas Meters Q. BRIEFINGS: (ITEMS 28 -29) 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. 17-1515 Report on Code Enforcement Activities Attachments: Agenda memo-code enforcement presentation 12.12.2017 City of Corpus Christi Page 11 Printed on 1/8/2018 City Council Meeting Agenda'Final January S.3O10 Presentation-Code Enforcement 12.12.2017 29' 1K8-00K91i SEAdownPnoposa| Attachments: Segj2AD_Lga2gpL22�1��sal Revised 11-14-17 BA CLEAN FINAL '- PUBLIC NOTICE is given that the City Council may elect to0ointo 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 bogointo 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/nopen session onany issue that may bo 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/ncompliance with Chapter 55/ the Texas Government Code. 30' 1R8-{X}02 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 topersonal injury claims against the City by Lawrence and Rhonda Ba|densa as a result ofpersonal injuries sustained byLawrence Ba|deraaonorabout April 11. 2O17. 31. 1R8-{X}03 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 towater supplies for industrial and other development, desalination, potential interlocal agreements with water districts and other governmental entities involving water or other ud|ib/ aen/ioea, ud|ib/ rate regu|adon, reuae, provisions of the Texas Utility Code, TCEQ Regulations, EPA regulations, and other laws and regu|adona, potential agreements for the economic development agreennent(a) 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, and potential creation of entities that could provide orassist inthe provision ofthe aforementioned 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 |ooate, stay or expand inornear the territory ofthe City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business proapeot(a), including, but not limited to, potential contracts for the provision of water to said buaineaaproapeot(a). City v,Corpus oouoo Page 12 Printed vn/18omo City Council Meeting Agenda-Final January 9,2018 32. 18-0090 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 the case of Beeville Water Supply District appeal of Raw Water Rates adopted by City of Corpus Christi filed with the Public Utility Commission of Texas. S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS 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. T. ADJOURNMENT City of Corpus Christi Page 13 Printed on 1/8/2018 Wastewater Utility Rates r • City Council January 9, 2018 From 8/15 Council Mtg p Assum tions for Wastewater Rates • Wastewater rates tiered - billed based on actual water use (25,000 gallons cap) • Winter quarter averaging no longer used • "Rounding up" wastewater rates to nearest nickel • $12 million will be added to Wastewater Operating for `pay as you go' Collection System Repair and Replacement Program • Rates based on a `Cost of Service' model • Utility Revenue Bonds - None will be issued for the remainder of FY17, or FY18 - Will be issued for FY19 • Does not include funding for proposed 2018 Bond issue • Applies to all rate classes : . From 8/15 Council Mtg �t. Wastewater Rate Summary RESIDENTIAL— Inside City Limits I�uul�pllul lul 11 111 III VIII VIII I�U11 pull Illllllllllm VIII III III ISI III II I�IIIIIII uuim iuim IIIIIIIII III 1111111111111111 III IIIII�IIIIIIIIIIIIIIIIIIIIIII 1111111 III IIIII�II III I�Iliuiii Minimum charge—first 2 $34.03 $32.60 ,000 gallons Per 1,000 up to 25,000 $6.69 ----- 2,000—6,000 gallons $ 3.25 6,001- 15,000 gallons $4.35 15,001—25,000 gallons $ %.25 From 8/15 Council Mtg Wastewater Utility Rates RESIDENTIAL— Inside City Limits SAMPLE BILL WATER WASTEWATER (IIII� III �III�III ull�u�uil I1u11 , m go 1� 1111111 III IIII IIII �iuim i 3,000 gallons $21.19 $22.34 $1.15 3,000 gallons $40.72 $35.85 ($4,87) 4,000 gallons $28.25 $29.98 $1.73 4,000 gallons $47.41 $39.10 ($8.31) 5,000 gallons $35.31 $37,53 $2.22 5,000 gallons $54.10 $4235 ($11.75) 8,000 gallons $58.32 $02.91 $4.59 8,000 gallons $74.17 $55.30 ($18.87) From 7/19 Workshop ' Wastewater Rates All Rate Classes ICL Residential Monthly Charge 34.03 32.60 Per 1,000 (up to 25,000) 6.69 2-6,000 3.25 6-15,000 4.85 15,000+ (up to 25,000) 7,25 OCL Residential Monthly Charge 42.54 40.75 Per 1,000 (up to 25,000) 14.85 2-6,000 6.25 6-15,000 9.35 15,000+ (up to 25,000) 14.00 ICL Commercial Monthly Charge 46.02 44.75 Per 1,000 4.79 4.70 OCL Commercial Monthly Charge 57.53 55.95 Per 1,000 9.59 9.35 5 Customer Profile Usage 2016 umber- of s0d'endall CUstorriers Iky Usage <2,000 gals 17,962 (I6rislde Cuty Urnits) ) 2,001>6,000 gals 39,503 4,r�,(X)O 6,001>15,000 gals 21,996 E.fr,wo 15,001>25,000 gals 2,743 3'g'rr > 25,000 gals 1,092 11/00/ ooihwaa. Total# customers 83,296 �i,n��ua °""10 rm. ti..ti N .�ms.w Ixa pVt; ¢�-rVs 6 w 1201 Leopard Street City of Corpus Christi td� � Corpus Christi,TX 78401 �I b, 4 cctexas.com Meeting Minutes City Council Tuesday, December 19,2017 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 McComb called the meeting to order at 11:31 a.m. B. Invocation to be given by Pastor Jerry Ward, Lighthouse Tabernacle. Pastor Jerry Ward gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Kelly Isaacks, Police Commander. Police Commander Kelly Isaacks 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. City of Corpus Christi Page 1 Printed on 1/4/2018 City Council Meeting Minutes December 19,2017 Present: 9- 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 Lucy Rubio,Council Member Greg Smith, and Council Member Carolyn Vaughn E. Proclamations /Commendations 1. Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. Mayor McComb wished Council Members Guajardo and Vaughn a happy birthday.Mayor McComb conducted the swearing-in ceremony for newly appointed board and committee members. 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 topics: a. OTHER 1) City Manager Rose provided a recap of the items that City Council has approved in the month of November related to the City Council's goals: Economic Development-Type A funding for the Business and Job Development Incentive Programs and the service agreement for the management of the American Bank Center;Water-an equipment and service agreement for repairs to water and wastewater system,an improvement project to increase water treatment capacity at the O.N.Stevens Water Treatment Plant,and appropriated bond funds and the master service agreement for the seawater desalination project;and Streets -Residential Street Re-build Program project work plan and amendments to the applicable contracts.2) Due to the City holiday schedule,there will be no garbage collection on Monday, December 25,2017 and Monday,January 1,2018. Instead,those residents who usually have their garbage collected on Mondays will have it picked up the Saturday before the holiday on December 23,2017 and December 30,2017. 3)Collection of debris resulting from Hurricane Harvey began in Section 7-A on Monday, December 18,2017.The City is requesting that residents living in Area 7-13 begin setting out debris for collection by 7:00 a.m.beginning Tuesday, December 26,2017.4) City Manager Rose recognized Parks and Recreation Management Aide Rachel Soliz as the 2017 City Employee of the Year.4) City Manager Rose congratulated Director of Human Resources Steve Viera for being named"Human Resources Practitioner of the Year"and the Human Resources Department for receiving the"Best Corporation Social Response Strategy Award"from the the Coastal Bend Society of Human Resource Management. G. MINUTES: 2. Regular Meeting of December 12, 2017. Mayor McComb referred to approval of the minutes. Council Member Vaughn made a motion to approve the minutes,seconded by Council Member Guajardo and passed unanimously. City of Corpus Christi Page 2 Printed on 1/4/2018 City Council Meeting Minutes December 19,2017 H. BOARD &COMMITTEE APPOINTMENTS: 3. Arts and Cultural Commission Watershore and Beach Advisory Committee Mayor McComb referred to board and committee appointments.The following appointments were made: Arts&Cultural Commission Mayor McComb made a motion to reappoint Sarah E.Coles(Youth/Education Representative)and appoint John R. Borys (Marketing), Nicholas P.Gignac (Architecture),and Carolyn M. Mauck(Higher Education),seconded by Council Member Rubio and passed unanimously. Watershore and Beach Advisory Committee Council Member Garza made a motion to reappoint Cliff Schlabach (At-Large) and Mukesh Subedee(Environmentalist),seconded by Council Member Molina and passed unanimously. Council Member Garza made a motion to appoint Meredith Darden (Convention and Visitors Bureau Member),seconded by Council Member Guajardo and passed unanimously. Council Member Lindsey-Opel made a motion to appoint Dr. Philippe Tissot (At-Large),seconded by Council Member Smith and passed unanimously. Council Member Smith made a motion to appoint Daniel E.Mazoch (Engineer), seconded by Council Member Rubio and passed unanimously. I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 -20) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda.City Manager Rose requested that Item 13 be pulled.City Secretary Rebecca L. Huerta announced that Council Member Hunter was abstaining on Items 8 and 9; Council Member Lindsey-Opel was abstaining on Item 11.A council member requested that Item 5 be pulled for individual consideration.There were no comments from the public. A motion was made by Council Member Rubio,seconded by Council Member Lindsey-Opel,to approve the Consent Agenda.The consent agenda items were passed and approved by one vote as follows: City of Corpus Christi Page 3 Printed on 1/4/2018 City Council Meeting Minutes December 19,2017 Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 4. Resolution reaffirming the City of Corpus Christi's Investment Policy and Investment Strategies for fiscal year 2017-2018. This Resolution was passed on the consent agenda. Enactment No: 031314 6. Resolution Approving Street Preventative Maintenance Program 2018 SPMP Work Plan (Year-5) (Council Priority -Streets) Resolution approving the concepts, direction, and general work plan for the fifth year of the Street Preventative Maintenance Program (SPMP) - "2018 SPMP Work Plan (Year- 5)." This Resolution was passed on the consent agenda. Enactment No: 031315 7. Professional Services Contract for Street Preventative Maintenance Program (SPMP) 2018 (Council Priority -Streets) Motion authorizing the City Manager, or designee, to execute a professional services contract with LNV, Inc. of Corpus Christi, Texas in the amount of$698,457 for continued implementation of the 2018 Citywide Street Preventative Maintenance Program (SPMP). This Motion was passed on the consent agenda. Enactment No: M2017-191 10. Resolution to adopt the Downtown Parking Action Plan Resolution of the City Council of the City of Corpus Christi, Texas adopting and approving the Downtown Parking Action Plan for the City's TI RZ#3 Area. This Resolution was passed on the consent agenda. Enactment No: 031316 12. Second Reading Ordinance -Street Right-of Way Closure at South San Juan Street and Bluntzer Street (1st Reading 12/12/17) Ordinance closing, abandoning and vacating a 0.014 acre parcel of City of Corpus Christi Page 4 Printed on 1/4/2018 City Council Meeting Minutes December 19,2017 public right-of-way, portion out of Los Angeles Hills, Block 1, Lots 38, 39, 40, 41, 42, 43, 44, and 45, a map of which is recorded in Volume 4, Page 26, Map Records of Nueces County, Texas and requiring the owner, Corpus Christi Produce Company, Inc., to comply with specified conditions. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031317 14. Second Reading Ordinance - Lease Agreement for hangar, office and parking space at Corpus Christi International Airport for operation of flight school facility (1st Reading 12/12/17) Ordinance authorizing the City Manager, or designee, to execute a 36-month lease agreement, with two 12-month options to extend, with Sterling Air Service, LLC, for the use and development of aeronautical facilities and property at the Corpus Christi International Airport upon payment of the monthly lease amount. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031318 15. Second Reading Ordinance -Appropriating Funds from FAA Grant 56 and from Airport Operating Reserve to fund East General Aviation and Terminal Apron Improvements; Amending the FY 2018 CIP Budget For Corpus Christi International Airport (CCIA) (1st Reading 12/12/17) Ordinance appropriating $676,651.90 from Federal Aviation Administration Grant No. 3-48-0051-056-2017 in the No. 3020 Airport Capital Improvement Fund; appropriating $75,183.54 from the No. 4612 Airport Operating Reserve Fund and transferring to the No. 3018 Airport Capital Reserve Fund for the Corpus Christi International Airport's East General Aviation and Terminal Apron Projects; amending the FY2017-18 Capital Improvement Program Budget adopted by Ordinance No. 031249 by increasing revenues and expenditures by $751,835.44 each. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031319 16. Second Reading Ordinance - Removing a Portion of the One-Way Designation Along Lawrence Street (Between Shoreline Boulevard and Water Street) (1st Reading 12/12/17) Ordinance amending Section 53-250(a) of the Code of Ordinances that in accordance with Section 53-104 and when properly signposted, traffic City of Corpus Christi Page 5 Printed on 1/4/2018 City Council Meeting Minutes December 19,2017 shall move only in one direction upon designated sections of Lawrence Street and both directions in undesignated section; providing for severance; and providing for publication. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031320 17. Second Reading Ordinance -Closing of a utility easement at 2129 Meandering Oaks Drive (1st Reading12/12/17) Ordinance abandoning and vacating a 0.040-Acre portion of an existing utility easement out of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 40, Lot 8 and Shoreline Vista, Block 10, Lot 1 and requiring the owner, Mary J. Cole, to comply with the specified conditions. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031321 18. Second Reading Ordinance - Exemption from the Wastewater Lot or Acreage Fees for Holly Industrial Subdivision, Lot 1-B is located east of Ayers Street and north of Holly Road (1st Reading 12/12/17) Ordinance exempting Holly Industrial Subdivision, Lot 1-B located north of Holly Road and east of Ayers Street from the payment of wastewater lot or acreage fees under Section 8.5.2.G.1 of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031322 19. Second Reading Ordinance - Exemption from the Wastewater Lot or Acreage Fees for Harris Acres, Lot 1, Block 1 located west of Flour Bluff Drive and north of Glenoak Drive (1st Reading 12/12/17) Ordinance exempting Harris Acres, block 1 lot 1, north of Glenoak Drive and west of Flour Bluff Drive, from the payment of the wastewater lot or acreage fees under section 8.5.2.g.1 of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031323 20. Second Reading Ordinance -Authorizing the Issuance of Revenue Refunding Bonds (1st Reading 12/12/17) City of Corpus Christi Page 6 Printed on 1/4/2018 City Council Meeting Minutes December 19,2017 Ordinance authorizing the issuance of"City of Corpus Christi, Texas Utility System Subordinate Lien Revenue Refunding Bonds, Series 2018" in an amount not to exceed $34,835,000; making provisions for the payment and security thereof by a subordinate and inferior lien on and pledge of the net revenues of the City's Utility System; 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 the ordinance; and providing an effective date. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031324 5. Software hosting and support Service Agreement for the City Performance Report in the amount of$39,600.00 with option to extend for four additional years for a potential multi-year not-to-exceed amount of$212,000.00 Motion to reinstate and extend Service Agreement No.946 with Brio Consulting, LLC, and authorize the City Manager or designee to execute Amendment No. 2 for one year of software hosting and support services for $39,600.00 with options to extend for up to four additional one-year- periods and subject to a possible annual increase not-to-exceed the U.S. rate of inflation, with a total potential multi-year amount not-to-exceed approximately $212,000.00. Mayor McComb referred to Item 5,software hosting and support service agreement for the City Performance Report.In response to a council member, Director of Management and Budget Eddie Houlihan and City Manager Rose stated that the software would be used to measure various City departments' performance measures and trend information.There were no comments from the public. Council Member Rubio made a motion to approve the motion,seconded by Council Member Guajardo. This Motion was passed and approved with the following vote: City of Corpus Christi Paye 7 Printed on 1/4/2018 City Council Meeting Minutes December 19,2017 Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: M2017-190 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 deviated from the agenda and referred to comments from the public. Bobby Petty, U.S.Small Business Administration, provided an update on the number of loans approved to assist small business,homeowners,and renters in the area impacted by Hurricane Harvey.Susie Luna Saldana,4710 Hakel,thanked the City Council for their service and wished the City Council and City staff a Merry Christmas and a Happy New Year.Joan Veith,5701 Cain Drive,wished a Merry Christmas and prosperous New Year to the City Council and expressed gratitude to public safety and law enforcement.Colin Sykes, 309 Aberdeen,urged the Mayor to join the Mayor's National Climate Action Agenda to address climate change and urged the City Council to acknowledge the problem of global warming.Carla Gardner,405 Meridian Place;Joe Hilliard,510 McClendon; and Aislynn Campbell, 510 McClendon,spoke regarding a traffic study being performed on the previously closed portion of Shoreline Boulevard from Kinney Street to Cooper's Alley. K. CONSENT AGENDA: (ITEMS 8, 9, 11 AND 13) 8. Authorizing payment for existing insurance coverage package with TML Intergovernmental Risk Pool up to $398,589 annually, and authorizing future coverage renewals after competitive quotes Motion authorizing the annual payment for an existing insurance coverage package with the TML Intergovernmental Risk Pool (TML Risk Pool) for the following insurance-type coverages for which the private markets have not provided a cost-effective alternative to the TML Risk Pool (Excess Aviation, Airport Liability, TB Clinic Automobile Liability, TB Clinic General Premises Liability, Animal Mortality for Police Dogs, Auto City of Corpus Christi Paye 8 Printed on 1/4/2018 City Council Meeting Minutes December 19,2017 Physical Damage for High Value Vehicles, Auto Catastrophe, Crime Public Employee Dishonesty, Crime Forgery, Crime Theft, Crime Computer Fraud, Gas Utilities, and High Value Mobile Equipment) in a total amount not to exceed $398,589,authorizing the City Manager or designee to execute the latest form TML Risk Pool agreements, authorizing the addition of FEMA-mandated coverages available from TML that are a condition of federal disaster reimbursement, and authorizing payments in future years to the extent they are (1) budgeted and (2) for which City staff and/or the City's broker of record have obtained competing quotes for the aforesaid coverages from the private market and determined that privately-obtained coverages are not cost-competitive to the TML Risk Pool quote for that year. Mayor McComb referred to Item 8. Council Member Hunter abstained from this item. Council Member Vaughn made a motion to approve the motion,seconded by Council Member Lindsey-Opel. This motion was passed and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 1 - Council Member Hunter Enactment No: M2017-192 9. Broker Services for Insurance Coverages including Excess Workers Compensation and Excess Liability Motion authorizing the City Manager to execute an amendment to the Broker of Record Services Agreement with Carlisle Insurance Agency in an added amount of$60,000 per year providing for added broker services for insurance coverages including Excess Workers Compensation and Excess Liability and providing for the obtaining of competitive quotes for any insurance line of coverage placed through the TML Intergovernmental Risk Pool and providing for renewal of said services agreement for the two years that will be remaining on the services agreement issued pursuant to Request for Proposal Event No. 71 in 2015. Mayor McComb referred to Item 9. Council Member Hunter abstained from this item. Council Member Vaughn made a motion to approve the motion,seconded by Council Member Lindsey-Opel. This motion was passed and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn City of Corpus Christi Page 9 Printed on 1/4/2018 City Council Meeting Minutes December 19,2017 Abstained: 1 - Council Member Hunter Enactment No: M2017-193 11. Second Reading Ordinance -Authorizing the continuation of Texas Municipal Retirement System (TMRS) Updated Service Credits for Current Participants and Increases for Prior and Current Annuities (1st Reading 12/12/17) Ordinance authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. Mayor McComb referred to Item 11.Council Member Lindsey-Opel abstained from this item. Council Member Vaughn made a motion to approve the ordinance,seconded by Council Member Garza. This ordinance was passed on second reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 1 - Council Member Lindsey-Opel Enactment No: 031305 13. Second Reading Ordinance -Creating Restrictions for Barge Dock Parking (1st Reading 12/12/17) Ordinance adding Chapter 53, Section 178 "Barge Dock Parking" to the Corpus Christi Code of Ordinances to prohibit parking at barge dock from 6:00 p.m. to 6:00 a.m.; and providing an effective date, for severance, for penalty and for publication. Mayor McComb referred to Item 13.City Manager Margie C. Rose requested that this item be withdrawn. M. PUBLIC HEARINGS: (ITEM 21) 21. Public Hearing and First Reading Ordinance -Amending the Unified Development Code to revise the duration of the materials and workmanship warranty for all private and public infrastructure improvements City of Corpus Christi Page 10 Printed on 1/4/2018 City Council Meeting Minutes December 19,2017 Ordinance amending the Unified Development Code ("UDC') by Amending Article 8, Section 8.1, subsection 8.1.6.A entitled "Acceptance of Improvements" of the UDC by revising the duration of the materials and workmanship warranty for all private and public infrastructure improvements from one to two years from the date of final (100%) acceptance; and providing for severance, penalties, and publication. Mayor McComb referred to Item 21.Interim Director of Development Services Bill Green stated that the purpose of this item is to amend the Unified Development Code to revise the warranty period from one to two years.Mr. Green stated that staff initially presented this item to City Council recommending to change the existing one-year warranty for all public and private infrastructure to two years.City staff met with the development community and have revised the recommendation to amend the existing one-year warranty for public and private infrastructure to two years for streets, curbs, gutters,and sidewalks and maintain a one-year warranty for all other public and private improvements, unless otherwise specified by separate agreement. Mayor McComb opened the public hearing.Wendy Herman, Executive Officer of the Homebuilders Association,spoke in support of staff's revised recommendation.Mayor McComb closed the public hearing. Council members and staff discussed the following topics:the performance of other infrastructure improvements on the one-year warranty terms;and commending staff on working with the developers. Council Member Rubio made a motion to adopt the ordinance amending the warranty for only streets, curb,gutter,and sidewalks from one year to two years,seconded by Council Member Hunter. This ordinance was passed as substitute on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 N. REGULAR AGENDA: (ITEMS 22 -27) 22. Purchase of Ten Police Motorcycles with Four Year Service Agreement for Maintenance Motion authorizing the City Manager, or designee, to purchase ten police motorcycles and execute a 48-month service agreement for maintenance with Corpus Christi Cycle Sports, Inc., doing business as Corpus Christi Harley-Davidson, in response to Request for Bid No. 1284 based on the lowest responsive, responsible bid for a total amount not to exceed $454,671.50 of which $252,961.50 is funded for FY2017-18. City of Corpus Christi Page 11 Printed on 1/4/2018 City Council Meeting Minutes December 19,2017 Mayor McComb referred to Item 22. Police Chief Mike Markle stated that the purpose of this item is to approve the purchase of ten police motorcycles and to execute a 48-month service agreement for maintenance. Police Chief Markle and council members discussed the following:the cost per motorcycle plus yearly service maintenance and purchasing the motorcycles from a local vendor.There were no comments from the public. Council Member Rubio made a motion to approve the motion,seconded by Council Member Lindsey-Opel. This motion was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: M2017-194 23. Resolution for purchase of portable x-ray units and a grid aim system for the Police Department Resolution finding that the purchase of portable x-ray units and a grid aim system for the Police Department are sole source procurements; and authorizing the City Manager, or designee, to execute all documents necessary to purchase the x-ray units from ADS, Inc., of Virginia Beach, Virginia, and the grid aim system from WMDTech, LLC, of Boise, Idaho, for a total amount not to exceed $87,348.31, with funding available for FY2017-18 in the No. 1062 Grant Fund. ADS, Inc. WMDTECH, LLC Virginia Beach, Virginia Boise, Idaho Portable X-Ray Units Grid Aim System $82,985.58 $4,362.73 Grand Total: $87,348.31 Mayor McComb referred to Item 23. Police Chief Mike Markle stated that the purpose of this item is to purchase two portable x-ray units and a grid aim system to be used by the Corpus Christi Police Department Bomb Squad.There were no comments from the Council or the public. 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: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn City of Corpus Christi Page 12 Printed on 1/4/2018 City Council Meeting Minutes December 19,2017 Abstained: 0 Enactment No: 031325 24. Resolution ratifying the submission of 4 grant applications Resolution ratifying the submission of 4 grant applications in the amount totaling $141,817.88 to the Texas Office of the Governor- Homeland Security Grant Division, Homeland Security Grant Program for training and equipment. Mayor McComb referred to Item 24. Fire Chief Robert Rocha stated that the purpose of this item is to ratify the submission of four grant applications in the amount of$141,817.88 from the Texas Office of the Governor-Homeland Security Grant Division.There were no comments from the Council or the public. Council Member Hunter made a motion to approve the resolution,seconded by Council Member Molina.This resolution was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: 031326 25. Purchase of a Pierce Impel Pumper for the Fire Department Motion approving the purchase of a 2018 Pierce Impel pumper from Siddons-Martin Emergency Group of Houston, Texas, based on the cooperative purchasing agreement with Local Government Purchasing Cooperative dba BuyBoard, for a total amount not to exceed $667,840.00, for which funds are budgeted for FY2017-18 in the General Fund. Mayor McComb referred to Item 25. Fire Chief Robert Rocha stated that the purpose of this item is to approve the purchase of a 2018 Pierce Impel pumper for the Fire Department to be placed at Fire Station 18.There were no comments from the public. Fire Chief Rocha responded to council members' questions regarding: the naming of fire trucks;standard delivery time; and the fiscal year in which the funds would be expended. Council Member Rubio made a motion to approve the motion,seconded by Council Member Guajardo. This motion was passed and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn City of Corpus Christi Page 13 Printed on 1/4/2018 City Council Meeting Minutes December 19,2017 Absent: 1 - Council Member Hunter Abstained: 0 Enactment No: M2017-195 26. Ordinance -Acceptance of the Tuberculosis Prevention and Control-Federal (TB/PC-FED) grant contract in the amount of $48,345 with a grant match of$9,669, and appropriation of the funds for the contract period January 1, 2018 through December 31, 2018 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-Federal(TB/PC-FED) grant in the amount of$48,345, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund with an in-kind match of $9,669, to provide tuberculosis prevention and control services for the contract period January 1, 2018, through December 31, 2018 for a total project cost of$58,014; and declaring an emergency. Mayor McComb referred to Item 26. Director of Public Health Annette Rodriguez stated that the purpose of this item is to accept and appropriate a grant contract for tuberculosis prevention from the Texas Department of State Health Services in the amount of$48,345,with an in-kind match of$9,669 for the contract period of January 1,2018 to December 31,2018. There were no comments from the Council or the public. Council Member Vaughn made a motion to approve the ordinance on emergency,seconded by Council Member Rubio.This ordinance was passed on emergency and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: 031327 27. Professional Service Agreements for Preliminary Engineering and Feasibility Reports (Proposed Bond 2018) (Council Priority - Streets) Motion authorizing the City Manager, or designee, to execute eight (8) separate Master Services Agreements (MSAs); four MSA's in the amount of$300,000 each for a total not to exceed of$1,200,000 with Freese and Nichols, Govind Development, HDR Engineering, and Munoz Engineering for Street projects proposed in Bond 2018 Propositions 1 and 2; and four (4) separate MSAs in the amount of$125,000 each for a City of Corpus Christi Page 14 Printed on 1/4/2018 City Council Meeting Minutes December 19,2017 total not to exceed of$500,000 with AECOM Technical Services, Bath Engineering, Hanson Professional Services, and LNV, Inc. for Facility projects for proposed in Bond 2018 Proposition 3. Mayor McComb referred to Item 27. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to execute eight separate Master Services Agreements,with not-to-exceed amounts for preliminary engineering and feasibility reports for projects proposed in Bond 2018.Ms.Gray presented the following information: the implementation plan to prepare for Bond 2018; background on feasibility reports; project assignments;summary of key report deliverables for each project; proposed pre-design of the projects to expedite project implementation;and the task schedule. There were no comments from the public. Council members and staff discussed the following topics: how the firms were selected for project assignments; if the firms associated with the facility projects applied for the street projects;whether staff expects an increase in fees; pre-design of projects at 100%and 60%design;and consideration to design Frio/Dorado/Hacala Streets at 100%design. Council Member Molina made a motion to approve the motion,seconded by Council Member Rubio.This motion was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: M2017-196 O. FIRST READING ORDINANCES: (ITEM 32) 32. First Reading Ordinance - Rezoning property located at 8154 Leopard Street and 8128 Leopard Street (Public Hearing 12/12/17) Case No. 0917-02 Ardoin Inc.: A change of zoning from the "CG-2/SP" General Commercial District with Special Permit to the "IL" Light Industrial District. The property is described as being Suntide Industrial Park, Block 2, Lots 1 and 2, located along the north side of Leopard Street, east of Tuloso Road, and west of Suntide Road. Planninq Commission and Staff Recommendation (November 1, 2017): Approval of the change of zoning from the "CG-2/SP" General Commercial District with Special Permit to the "IL" Light Industrial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Ardoin Inc. ("Owner"), by changing the UDC Zoning Map in City of Corpus Christi Page 15 Printed on 1/4/2018 City Council Meeting Minutes December 19,2017 reference to Suntide Industrial Park, Block 2, Lots 1 and 2, from the "CG-2/SP" General Commercial District with Special Permit to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor McComb deviated from the agenda and referred to Item 32, rezoning of property located at 8154 and 8128 Leopard Street.Council Member Smith announced that he was abstaining from this item.Interim Director of Development Services Bill Green stated that staff met with Council Members Vaughn and Lindsey-Opel,the applicant Jacob Glaze and neighborhood resident Martin Flores to discuss the neighborhood's concerns related to the property including dust,safety,and noise. Mr.Green explained the negotiated terms that will be considered during the building permit phase including: requiring a geotechnical report to address dust; the locations for the storage containers to address safety concerns;and solid screen fencing and hours of operation to address noise. Council members and staff discussed the following topics:the tenant applying for the change of zoning with the owner's permission; a request by the Mayor, with consent of the council members,to bring back a discussion requiring future applicants applying for zoning changes be current on their property taxes;the meeting held between a resident,Martin Flores,the applicant, council members,and staff to address the concerns of the neighborhood;the number of residents that attended the meeting; an explanation of the recommendations associated with the fire lane; and whether the restrictions, which will be required during the building permit process,will be included in the ordinance. Mayor McComb called for comments from the public.Jacob Glaze, representative for the applicant,thanked the City Council and staff that attended the meeting and spoke in support of the negotiated terms. Council Member Vaughn made a motion to approve the ordinance,seconded by Council Member Rubio. This ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Vaughn Abstained: 1 - Council Member Smith N. REGULAR AGENDA: (ITEMS 28 -31) 28. Purchase of Seven Ford Trucks for Beach Operations Motion authorizing the City Manager, or designee, to purchase six 2017 Ford F-250 trucks and one 2018 Ford F-350 Service Truck for beach operations from AutoNation Ford, of Corpus Christi, Texas, based on Request for Bids (RFB) No. 261 based on the lowest, responsive, responsible bid for an amount of$252,250. City of Corpus Christi Page 16 Printed on 1/4/2018 City Council Meeting Minutes December 19,2017 Mayor McComb referred to Item 28. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to approve the purchase of replacement trucks for beach operations.There were no comments from the Council or the public. Council Member Lindsey-Opel made a motion to approve the motion, seconded by Council Member Rubio. This motion was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: M2017-197 29. Continual Rental of One Roll Off Truck for Solid Waste Operations Motion authorizing the City Manager or designee to extend a rental agreement for ten months with Big Truck Rental, of Tampa, Florida, for the rental of one roll off truck for Solid Waste Operations, as required for public health and safety, for a not-to-exceed amount of$60,000 to be funded in FY2017-18 from the General Fund, for continual rental payment to current agreement in the amount of$40,000 funded in FY2016-17, for a grand total of$100,000. Mayor McComb referred to Item 29. Director of Solid Waste Operations Lawrence Mikolajczyk stated that the purpose of this item is to extend a rental agreement for ten months with Big Truck Rental for the rental of one roller truck for Solid Waste Operations as required for public health and safety.In response to a council member's question,Mr.Mikolajczyk stated that this agreement will be only for short-term rental.There were no comments from the public. Council Member Lindsey-Opel made a motion to approve the motion, seconded by Council Member Guajardo.This motion was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: M2017-198 30. Ordinance -Appropriation of Funds for Damage Repairs due to Hurricane Harvey Ordinance appropriating total of$9,667,223.13 as follows for Hurricane Harvey repairs: $7,006,023.13 in the No. 1020 General Fund; City of Corpus Christi Page 17 Printed on 1/4/2018 City Council Meeting Minutes December 19,2017 $168,750.00 in the No. 1030 Hotel Occupancy Tax Fund; $56,250.00 in the No. 1130 Arena Fund; $1,125,654.00 in the No. 4010 Water Fund; $300,000.00 in the No. 4200 Wastewater Fund; $450,000.00 in the No. 4610 Airport Fund; $337,500.00 in the No. 4670 Development Services Fund; and $223,046.00 in the No. 4700 Marina Fund; amending the Operating Budget adopted by City Ordinance No. 031255 by increasing expenditures by $9,667,223.13; and declaring an emergency. Mayor McComb referred to Item 30. Director of Management and Budget Eddie Houlihan stated that the purpose of this item is to appropriate a total of $9,667,223.13 for damage repairs due to Hurricane Harvey including: $7,006,023.13 in the General Fund;$168,750 in the Hotel Occupancy Tax Fund; $56,250 in the Arena Fund;$1,125,654 in the Water Fund;$300,000 in the Wastewater Fund;$450,000 in the Airport Fund; $337,500 in the Development Services Fund; and$223,046 in the Marina Fund.There were no comments from the Council or the public. Council Member Vaughn made a motion to approve the ordinance on emergency,seconded by Council Member Lindsey-Opel. This ordinance was passed on emergency and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: 031328 31. 2018 proposed Council Meeting Calendar Motion approving the 2018 City Council meeting calendar. Mayor McComb referred to Item 31.City Secretary Rebecca L. Huerta stated that the purpose of this item is to approve the 2018 City Council Meeting Calendar.The calendar includes coordination with Business Liaison Alyssa Barrera for the Tax Reinvestment Zone No. 3(TRIZ#3)meetings and the City Auditor's Office for Audit Committee meetings.The proposed calendar was established based on requirements per the City Charter,Article II,Section 14(a) and Council Policies,Section 16.a.1 related to Council meetings. The meetings proposed to be canceled include: March 13,2018(Spring Break); July 10,2018 (Summer Break), November 27,2018(Thanksgiving Break);and December 18, 2018 and December 25,2018 (Christmas Break).A TRIZ#3 is being recommended for December 18,2018, but may be canceled or deferred to the November 2018 or January 2019 meeting.A new Council meeting is being proposed for December 4,2018. After City Secretary Huerta's presentation,the following topics were discussed: a recommendation that the November 20,2018 be canceled instead of November 27,2018; deferring the TRIZ#3 meeting in December to November or January; consideration to cancel the 4th meeting in January, May and October; workshop meetings in preparation for the budget;and continuing the frequency of the meetings rather than compressing items in the months of City of Corpus Christi Page 18 Printed on 1/4/2018 City Council Meeting Minutes December 19,2017 January,May and October. Council Member Lindsey-Opel made a motion to approve the proposed calendar by canceling the meetings of March 13,2018(Spring Break); July 10, 2018(Summer Break), November 20,2018 (Thanksgiving Break); and December 18,2018 and December 25,2018(Christmas Break); a new Council meeting on December 4,2018;with no TRIZ#3 meeting and deferring to November or January,seconded by Council Member Rubio.This motion was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: M2017-199 T. EXECUTIVE SESSION: (ITEM 42) Mayor McComb deviated from the agenda and referred to Executive Session Item 42.The Council went into executive session at 1:28 p.m.The Council returned from executive session at 3:02 p.m. 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 legal issues related to water supplies for industrial and other development, desalination, potential interlocal agreements with water districts and other governmental entities involving water or other utility services, utility rate regulation, reuse, provisions of the Texas Utility Code, TCEQ Regulations, EPA regulations, and other laws and regulations, potential agreements for the 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, including, but not limited to local government corporation(s), 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, potential contracts for the provision of water to said business prospect(s). Mayor McComb referred to Item 42 and the following was discussed: MOTION OF DIRECTION Council Member Lindsey-Opel made a motion of direction requesting that City Staff initiate negotiations with the Port of Corpus Christi (Port)relating to City of Corpus Christi Page 19 Printed on 1/4/2018 City Council Meeting Minutes December 19,2017 purchase of desalination plant constructed by M&G Chemicals to: •buy real property with desalination plant thereon and buy adjacent property for potential construction of similar plant •cost-share professional services to evaluate desalination facility and adjacent property,determine value of said property, determine the obligations of the purchaser of the property,calculate costs of acquisition and make-ready for desalination plant,investigate potential financing options for Port and City, and perform other activities related thereto. The Motion of Direction was seconded by Council Member Rubio and passed unanimously(Council Member Vaughn -abstained). L. RECESS FOR LUNCH The recess for lunch was held during the executive session regarding Item 42. O. FIRST READING ORDINANCES: (ITEMS 32 -34) 33. First Reading Ordinance -Closing of a drainage easement and right-of-way located east of Rand Morgan Road, between Leopard Street and Oregon Trail Ordinance abandoning and vacating a 4.385 acre drainage easement and right-of-way out of a portion of Artemus Roberts Subdivision, Lots 3, 6, and 11, located east of Rand Morgan Road, between Leopard Street and Oregon Trail and requiring the owner, MPM Development, LP, to comply with the specified conditions. Mayor McComb referred to Item 33.Interim Director of Development Services Bill Green stated that the purpose of this item is to abandon and vacate a 4.385 acre drainage easement and right-of-way to allow for MPM Development, LP, to develop the property.There were no comments from the Council or the public. Council Member Hunter made a motion to approve the ordinance,seconded by Council Member Molina.This ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 34. First Reading Ordinance -Construction Contract for the Oso Water Reclamation Plant Headworks and Lift Station (Capital Improvement Program) Ordinance rejecting the apparent low bid of COBRA/CYMI JV as City of Corpus Christi Page 20 Printed on 1/4/2018 City Council Meeting Minutes December 19,2017 non-responsive and authorizing the City Manager or designee to execute a construction contract with CSA Construction, Inc. of Houston, Texas as the lowest responsive, responsible bidder in the amount of$22,865,540 for the Oso Water Reclamation Plant Headworks and Lift Station for the Total Base Bid plus Additive Alternate No. 1. (Capital Improvement Program (CIP)) Mayor McComb referred to Item 34. Director of Engineering Services Jeff Edmonds stated that the purpose of this item is to reject the apparent low bid submitted by COBRA/CYMI JV as non-responsive and awarding a contract to CSA Construction,Inc.as the lowest responsive,responsible bidder in the amount of$22,865,540 for the Oso Water Reclamation Plant Headworks and Lift Station for the Total Base Bid plus Additive Alternate No. 1.Mr. Edmonds explained that the consulting engineer and staff are recommending that the apparent,low bidder,COBRA/CYMI JV, be deemed non-responsive for failure to adequately demonstrate their statement of experience.State of Experience is required to successfully demonstrate completed projects that are similar in size and complexity to the project being bid. Mayor McComb called for comments from the public.Issa Dadoush, representative of COBRA/CYMI JV,815 Walker,Suite 1140, Houston,Texas, spoke regarding the following:the timeline for the bidding process;the requests made by LNV Inc.to provide a statement of experience and assistance with contacting references;the firm's credentials and experience; and the firm's bid being$1,080,010 less than the recommended firm.John Boesch, Project Manager of COBRA/CYMI JV,815 Walker,Suite 1140, Houston, Texas, provided information on the company's experience with water and wastewater projects and asked the City Council to reconsider the non-responsive bid. In response to council members,City Attorney Miles K. Risley stated that the City Council could go into executive session to discuss the legal issues related to this item. Mayor McComb announced that the City Council would go into 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 Item 34, 17-1458 regarding the construction contract for the Oso Waster Reclamation Plant Headworks and Lift Station.The Council went into executive session at 3:20 p.m.The Council returned from executive session at 3:39 p.m. At the request of a council member, Dan Leyendecker, LNV,Inc., provided the following reasons for declaring the bid non-responsive: out of the ten references submitted,eight were contacted with one providing a positive reference and the remaining declining to comment or provided a negative reference;and of the five required projects of similar type,one was disqualified and three are still in progress and could not be evaluated. Council members and Mr. Leyendecker discussed the topics related to the following: whether the bidders were required to have worked in Texas; whether the dollar amount of project criteria was met;and the recommendation. Council Member Vaughn made a motion to approve the ordinance,seconded by Council Member Molina.This ordinance was passed on first reading and City of Corpus Christi Page 21 Printed on 1/4/2018 City Council Meeting Minutes December 19,2017 approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 P. RECESS TO CORPORATION MEETINGS: (ITEMS 35 -36) Mayor McComb recessed the regular Council meeting at 3:50 p.m.to hold special meetings of the the North Padre Island Development Corporation and the Corpus Christi Housing Finance Corporation. 35. Special North Padre Island Development Corporation Meeting This Corporation Meeting was held. 36. Special Board Meeting of the Corpus Christi Housing Finance Corporation This Corporation Meeting was held. Q. RECONVENE THE CITY COUNCIL MEETING: Mayor McComb reconvened the regular Council meeting at 4:00 p.m. R. FUTURE AGENDA ITEMS: (ITEMS 37 -40) Mayor McComb referred to Future Agenda Items.City Manager Margie C. Rose stated that staff had planned presentations on Items 39 and 40. 37. Resolution approving the Director of the Corpus Christi Nueces County Public Health District's appointment of Dr. William Burgin, Jr. to serve as the Local Health Authority for the Public Health District for a two-year term Resolution approving the Director of the Corpus Christi Nueces County Public Health District's appointment of Dr. William Burgin, Jr. to serve as the Local Health Authority for the Public Health District for a two-year term beginning December 18, 2017 and ending December 18, 2019. This Resolution was recommended to the consent agenda. 38. Resolution authorizing Food Purchase for Senior Center Meals Program Resolution authorizing the City Manager to execute all documents necessary to purchase up to $329,944.00 in food supplies for the City Senior Center Meals Program through the Coastal Bend Council of City of Corpus Christi Page 22 Printed on 1/4/2018 City Council Meeting Minutes December 19,2017 Governments ("CBCOG") participation in the TEXAS 20 Purchasing Cooperative as organized and administered by the Education Service Center, Region 20; and ratifying the purchase of food supplies for said program in October-December 2017 through the CBCOG participation in the TEXAS 20 Purchasing Cooperative in amount of$50,133.00 from Labatt Food Services and $8,468.00 from Hill Country Dairies. This Resolution was recommended to the consent agenda. 39. Resolution to issue a Request for Qualifications for a Public-Private Partnership Program Manager Resolution authorizing the City Manager or designee to proceed with the issuance of a Request for Qualifications (RFQ) for a Public-Private Partnership (P3) Program Manager to act as the City's Representative for the Wastewater Management Program Implementation. This Resolution was recommended to regular agenda. 40. Resolution authorizing an Interlocal Agreement with Regional Education Service Center#2 -Goodbuy Purchasing Cooperative Resolution authorizing the City Manager, or designee, to execute an interlocal participation agreement with local Regional Education Service Center#2 in order to participate in their cooperative purchasing program for the benefit of the City. This Resolution was recommended to the consent agenda. S. BRIEFINGS: (ITEM 41) 41. Residential Street Reconstruction Program (RSRP) $3.4 Million Additional FY2018 Funding Mayor McComb referred to Item 41. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to discuss options available for use of the$3.4 million dedicated to the Residential Street Rebuild Program as part of the FY2017-2018 Budget.Ms.Gray presented three options: Option 1 -let the funding grow to support a larger future program; Option 2 -integrate the funding into the work plan with Bond 2016 which will add 2.3 linear miles;and Option 3-fund a residential reconstruction for 1.5 to 2 linear miles similar to the test projects located on Ralston and Rogerson Streets for Districts 1,4&5. Ms.Gray stated that staff is recommending Option 3 to allow for residential reconstruction to begin in all areas citywide. After Ms.Gray's presentation,the following topics were discussed: bidding the projects in both asphalt and concrete; Option 3 would allow for residential reconstruction in every district;the proposed schedule and an explanation of the building process; use of Indefinite Delivery/Indefinite Quantity(ID/IQ)with Option 2;and a request for an update on the test projects on Ralston and Rogerson streets. City of Corpus Christi Page 23 Printed on 1/4/2018 City Council Meeting Minutes December 19,2017 T. EXECUTIVE SESSION: (ITEMS 42 -43) Mayor McComb referred to the day's executive sessions.The Council went into executive session at 4:36 p.m.The Council returned from executive session at 5:32 p.m. 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 legal issues related to water supplies for industrial and other development, desalination, potential interlocal agreements with water districts and other governmental entities involving water or other utility services, utility rate regulation, reuse, provisions of the Texas Utility Code, TCEQ Regulations, EPA regulations, and other laws and regulations, potential agreements for the 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, including, but not limited to local government corporation(s), 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, potential contracts for the provision of water to said business prospect(s). This E-Session Item was discussed in executive session. 43. 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 use of municipal studio facilities and personnel and production and transmission of City media, including, but not limited to Article 11 of the City Charter, the Texas Election Code, the City's Code of Ethics, the Texas Ethics Commission, and other legal matters that may impact possible utilization of the aforementioned facilities and personnel. This E-Session Item was discussed in executive session. U. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Mayor McComb referred to Identify Council Future Agenda Items. In response to an inquiry by a council member,Assistant City Manager Keith Selman stated that staff would come forward with a presentation in January on Shoreline Boulevard including a chronology of events associated with the project up to and including Phase 2. City of Corpus Christi Page 24 Printed on 1/4/2018 City Council Meeting Minutes December 19,2017 V. ADJOURNMENT The meeting was adjourned at 5:40 p.m. City of Corpus Christi Page 25 Printed on 1/4/2018 City Of Corpus Christi CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT BOARD DETAILS The Corpus Christi Aquifer Storage and Recovery Conservation District develops and protects municipal aquifer storage areas created by the City of Corpus Christi. The district may implement and develop aquifer storage and recovery projects. COMPOSITION I hi I,1 a.l4 c tor: appointecl by the City Cc;ao.arrr it to si::11n,,e 9ouryear .t,rgg recl terra. 119 a rr,chancy oc kwa ffs on the 4roar.$,the b r,crcl rrt„!icy°,cpfa6nt,c+.$4ectr rr to^w rr, t e rem rind r or tf te tear 1' Nr t o cra,.$ Nr cl8 crrrrtl a y. sr t c a dr.mow^t is t+; +$e terry' n a,!t lot c+arrtacrrn!!ut Ory tfa� , aty , �ro,,,arac al 1 Nr� arrwta cl a':$grr�c trrr:^s dr rll a.$r,, rr�rtrwawtr three w.�1 a,$qc ter;tc rr. Nr�cll � r,,�,�9,ro ar t q DETAILS t Irl+ r clar year 9,;ur years act r the Oec th,,e date oa the A t,and r°rtr ch two a,$gce tor, ^.hal8 .11rrr two year terms that expire at the end othe calendar year two year,;.;, cher the eHe td ie date oa theAct CREATION/AUTHORITY l da .71:YB9 ctdrr t I,Idtt't. MEETS ()n CaH TERM DETAILS 1 our year cut co.tc.lerecl terms DEPARTMENT "Water Du partrrtent OTHER INFORMATION CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT Page 1 of 1 Corpus Christi Aquifer Storage and Recovery Conservation District Members January 9, 2018 (Note: Section 8811.024 of the Texas Special District Local Laws Code requires the City Council to confirm the election of Officers annually.) The Board is recommending the confirmation of the following Officers: Dan McGinn (Vice-President), Fred Segundo(President) and Tom Tagliabue(Secretary). mVuu uumm u�u�u uuu uuuuu umuu umou a ammo mVuu uumm u�u�u uuu �um um mmm uuu uuuuu uuu �m umm a u�u�u uuum u�m Vuumu uuuuu uumm uuu umm ud loom uuu m Ilam a uuu u�m CORPUS CHRISTI AQUIFER STORAGE AND Dan McGinn RECOVERY CONSERVATION DISTRICT Active Partial 12/31/19 Vice-President CORPUS CHRISTI AQUIFER STORAGE AND Fred Segundo RECOVERY CONSERVATION DISTRICT Active 3 12/31/21 President CORPUS CHRISTI AQUIFER STORAGE AND Tom Tagliabue RECOVERY CONSERVATION DISTRICT Active 1 12/31/21 Secretary CORPUS CHRISTI AQUIFER STORAGE AND Jay Ellington RECOVERY CONSERVATION DISTRICT Active 1 12/31/21 CORPUS CHRISTI AQUIFER STORAGE AND Mark Van Vleck RECOVERY CONSERVATION DISTRICT Active Partial 12/31/19 SC o� � v AGENDA MEMORANDUM NORPgRpEO Future Item for the City Council Meeting of December 19, 2017 1852 Action Item for the City Council Meeting of January 9, 2017 DATE: November 7, 2017 TO: Margie C. Rose, City Manager THRU: Annette Rodriguez, MPH, Director of Public Health Annetter@cctexas.com 361.826.7205 FROM: William M. Uhlarik, MBA, ARM, Assistant Director of Public Health Williamu2@cctexas.com 361-826-1348 Approving the Director of the Corpus Christi Nueces County Public Health District's (CCNCPHD), appointment of Dr. William Burgin, Jr., to serve as the Local Health Authority for the Public Health District for a two-year term. CAPTION: Resolution approving the Director of the Corpus Christi Nueces County Public Health District's appointment of Dr. William Burgin, Jr. to serve as the Local Health Authority for the Public Health District for a two-year term beginning December 18, 2017 and ending December 18, 2019. PURPOSE: To allow the CCNCPHD Director of Public Health to appoint a Local Health Authority for a two year term as required by the State of Texas. BACKGROUND AND FINDINGS: Appointment and Term: In accordance with Texas Health and Safety Code, Chapter 121.021, a Local Health Authority is a physician appointed to administer state and local laws relating to public health within the appointing body's jurisdiction. A health authority serves for a term of two years and may be appointed to successive terms. Duties: Under Section 121.024, a health authority is a state officer when performing duties prescribed by state law. A health authority shall perform each duty that is (1) necessary to implement and enforce a law to protect the public health; or (2) prescribed by the board. Duties of a health authority include (1) establishing, maintaining, and enforcing quarantine in the health authority's jurisdiction; (2) aiding the board in relation to local quarantine, inspection, disease prevention and suppression, birth and death statistics, and general sanitation in the health authority's jurisdiction. ALTERNATIVES: Do not allow the appointment of a Local Health Authority and be in non-compliance with State of Texas requirements. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of resolution to allow CCNCPHD Director of Public Health to appoint Dr. William Burgin, Jr. to serve as Local Health Authority for a two-year term. EMERGENCY/ NON-EMERGENCY: Non-Emergency. This item requires two readings. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department FINANCIAL IMPACT: ❑x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures Current Future 2017-2018 CIP only) Year Years TOTALS Line Item Budget 100,000 100,000 200,000 Encumbered / Expended Amount This item 100,000 100,000 200,000 BALANCE $100,0001 $100,0001 $200,000 Fund(s): 1020 (General Fund) & 9100 (Nueces County General Fund) Comments: The City of Corpus Christi pays 50%, and Nueces County pays the other 50% of the Local Health Authority's annual professional service fee. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Resolution DSHS Certificate & Forms for Local Health Authority Appointment Resolution approving the Director of the Corpus Christi Nueces County Public Health District's appointment of Dr. William Burgin, Jr. to serve as the Local Health Authority for the Public Health District for a two-year term beginning December 18, 2017 and ending December 18, 2019. WHEREAS, the City of Corpus Christi and Nueces County, Texas by majority vote of each governing body established a Public Health District in accordance with Section 121.041 of the Texas Health and Safety Code; and WHEREAS, the City of Corpus Christi and Nueces County appointed a Director of the Public Health District in accordance with Section 121.045 of the Texas Health and Safety Code; and WHEREAS, the current Director of the Public Health District is not a physician and Section 121.045(d) of the Texas Health and Safety Code requires a non-physician director of the public health district to appoint a physician as the Local Health Authority for the district, subject to the approval of the members of the District; and WHEREAS, Section 85.1(b)(2) of Title 25 of the Texas Administrative Code provides that a non-physician director of a public health district's appointment of the local health authority is subject to the approval of the governing body of the local public health district. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the Director of the City of Corpus Christi and Nueces County Public Health District appointed Dr. William Burgin, Jr. to serve as the Local Health Authority for the Public Health District for a two-year term beginning December 18, 2017 and ending December 17, 2019 and this appointment is hereby approved. Section 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of Page 1 of 2 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 Page 2 of 2 Certificate of Appointment for a Health Authority The Health Authority has been appointed and approved by the: (Check the appropriate designation below) Commissioners Court for County Governing Body for the Municipality of Director, Health Department Director, Public Health District acting in my capacity as: (Check the appropriate designation below) County Judge or Designee Mayor or Designee Non-physician and the Local Health Department Director Non-physician and the Public Health District Director do hereby certify the physician, , who is licensed by the Texas Board of Medical Examiners,was duly appointed as the (check as applicable), Health Authority Health Authority Designee for the jurisdiction of ,Texas, Date term of office begins ,20® Date term of office ends ,20 , unless removed by law. I certify to the above information on this the day of ,20—. ........... nnn „mrmmmmmmmmrrrrrr . ,o... Signature of Appointing Official Revised by DSHS Division of Regional and Local Health Services,July 13,2016 0 4Q r �, Y 6 OATH OF OFFICE For Health Authorities in the State of Texas do solemnly swear (or affirm), that I will faithfully execute the duties of the office of Health Authority of the State of Texas and will to the best of my ability, preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God, Affiant Mailing Address ZIP (Area Code)Phone Number(day and evening) Email Address SWORN TO and subscribed before me this day of 120 Signature of PersonAdministering t (Sea!) Printed Name Title Revised by DSIIS Division for Regional and Local Health Services,June 3,2016 IE 0 CODI THE STATE OF TEXAS Statement of Elected/Appointed Officer (Please type or print legibly) I mmm - do solemnly swear (or ffirm a ) that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case may be, so help me God. efi�a���, atnmm„r� ---- mmmmmmrrrm�.. ....................... ,......... Af#int's Signat-urr e Printed Name Position to Which Elected/Appointed City and/or County SWORN TO and subscribed before me by affiant on this day of 20� Signature of Person Authorized to Administer Oaths/Affidavits (Sea!) Printed Name Title Pursuant to Tex.Const.Art.XVI,§1O, Revised by DSHS Division for Regional and Local Health Services,July 13,2016 TEXAS 4a4e F ile'd411ro Airy' gg;,14'1111N TSI 111 ,1 " " III" VII11I1EA1.1"IIH AU°"fIHiY" 11°I""'y Ge in e r all 'aIIC o� saiG°uiruu�:Il:li ren i��s The Texas Department of State Health Services (DSHS) provides support for the appointment of Health Authorities in Texas and maintains the database of appointments. Other DSHS responsibilities Include coordination of training activities and availability of reference tools to ensure Health Authorities understand the roles and responsibilities of their office to serve their local communities. Definition and Term of Office In accordance with I , , i n f , a Health Authority is a physician appointed to administer state and local laws relating to public health within the appointing body's jurisdiction. A Health Authority serves for a term of two years and may be appointed to successive terms. Health authorities can be appointed by the following: • Commissioners courts • Governing bodies of municipalities • Local health department directors who are not physicians • Public health district directors who are not physicians Duties Under" � -p �� y t �G24, a Health Authority is a state officer when performing duties prescribed by state law. A Health Authority shall perform each duty necessary to Implement and enforce a law to protect the public health or prescribed by DSHS. Duties include (1) establishing, maintaining, and enforcing quarantine in the Health Authority's jurisdiction; (2) aiding DSHS in relation to local quarantine, inspection, disease prevention and suppression, birth and death statistics, and general sanitation In the Health Authority's jurisdiction; (3) reporting the presence of contagious, infectious, and dangerous epidemic diseases in the Health Authority's jurisdiction as prescribed by DSHS; (4) reporting on any subject on which it is proper for DSHS to direct that a report be made; and (5) aiding DSHS in the enforcement of proper rules, requirements, and ordinances; sanitation laws; quarantine rules; and vital statistics collections. Required Forms Each newly appointed Health Authority must file copies of three forms with the Regional Medical Director for the respective DSHS Health Service Region immediately after appointment to office: 1. Statement of Appointed/Elected Officer: Constitutional oath that the Health Authority did not give or promise any material, financial, or other reward In return for the appointment. 2. Oath of Office: Constitutional oath to execute the duties of the office of Health Authority. 3. Certificate of Appointment. Statutory certification from the appointing entity. Questions If you have questions regarding the Health Authority appointment process or about completing the forms, please contact your DSH H p S rvi IP i n ff6 or the DSHS Division for Regional & Local Health Services office in Austin at (512) 776-7770. See links below for contact information: .i` x De m f St H S i , pt rvi 9ffi This site includes the information to locate the Regional Medical Director for the appropriate Health Service Region, including addresses, telephone numbers, FAX numbers, and maps of the DSHS Health Service Region Offices. M __ L— H Heap h rvi e R n . This page provides a map showing the regional boundaries. Revised by DSHS Division for Regional and Local Health Services, June 3, 2016 se o� � v AGENDA MEMORANDUM NORPORpEO Future Item for the City Council Meeting of December 19, 2017 1852 Action Item for the City Council Meeting of January 9, 2018 DATE: November 29, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEIIL@cctexas.com (361) 826-3464 Food Program Purchase CAPTION: Resolution authorizing the City Manager to execute all documents necessary to purchase up to $329,944.00 in food supplies for the City Senior Center Meals Program through the Coastal Bend Council of Governments ("CBCOG") participation in the TEXAS 20 Purchasing Cooperative as organized and administered by the Education Service Center, Region 20; and ratifying the purchase of food supplies for said program in October- December 2017 through the CBCOG participation in the TEXAS 20 Purchasing Cooperative in amount of$50,133.00 from Labatt Food Services and $8,468.00 from Hill Country Dairies. PURPOSE: Allowing the use of the CBCOG's Agreement with Texas 20 a Purchasing Cooperative that is under Region 20 of the Education Service Center gives staff maximum reach for products and services that are needed to keep various programs and services supported across the City, including but not limited to providing food for the seniors and the Senior Centers and for the summer youth programs. BACKGROUND AND FINDINGS: Currently the Food Services are being provided through an Agreement with the Coastal Bend Council of Governments through use of their Inter-Local Agreement with the Texas 20 Cooperative. Staff are utilizing this agreement to provide food and realized that the amount of food being provided under various programs was reaching a level requiring Council approval; staff needs to continue to provide these services and requests the continued use of this agreement with CBCOG to do so. Texas 20 has identified two vendors that are currently meeting the needs of the Senior Centers, Labatt Food Service provides the majority of the foods, at an estimated nine- month expenditure of$272,495.00 and Hill Country Dairies provides the milk products at an estimated nine-month expenditure of $57,449.00 for a total estimated nine-month expenditure of $329,944.00. Texas 20 will rebid this Service periodically and therefore staff cannot determine which companies will have the bids for the following program term, but is requesting to continue this arrangement with Texas 20 at an expenditure not to exceed $329,944.00 for 2017-2018 fiscal year. ALTERNATIVES: Providing Food Services is challenging as a number of local suppliers do not accept Purchase Orders and do not offer the discounts that can be obtained through these types of Purchasing Cooperatives, therefore staff considers use of the Cooperatives as the best option for the City. OTHER CONSIDERATIONS: No other product available. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement as allowed by Texas Government Code Article 791.011 Inter-Local Cooperation Act as amended. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $392,000.00 $0.00 $392,000.00 Encumbered / Expended Amount $58,601.00 $58,601.00 This item $329,944.00 $0.00 $329,944.00 BALANCE $3,455.00 $0.00 $3,455.00 Fund(s): Park Grants Fund 1067 Comments: The funding for the above is provided by the Elderly Nutrition Program Grant. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing the City Manager to execute all documents necessary to purchase up to $329,944.00 in food supplies for the City Senior Center Meals Program through the Coastal Bend Council of Governments ("CBCOG") participation in the TEXAS 20 Purchasing Cooperative as organized and administered by the Education Service Center, Region 20; and ratifying the purchase of food supplies for said program in October - December 2017 through the CBCOG participation in the TEXAS 20 Purchasing Cooperative in amount of$50,133.00 from Labatt Food Services and $8,468.00 from Hill Country Dairies. Whereas, Texas Local Government Code Section 271.102 (a) provides that a local government may participate in a cooperative purchasing program with another local government of this state or another state or with a local cooperative organization of this state of another state and Whereas, Texas Local Government Code 271.102 (c) provides that a local government that purchases goods or services under this subchapter satisfies any state law requiring the local government to seek competitive bids for the purchase of the goods or services; Whereas, Texas Government Code Chapter 791 Section 791.011 authorizes local governments to contract with another local government to perform governmental functions and services including purchasing in accordance with Chapter 791; Whereas, the Coastal Bend Council of Governments has entered into agreements for participation in the TEXAS 20 Purchasing Cooperative on behalf of seven Coastal Bend elderly nutrition program providers to allow for substantial savings for local nutrition programs to be realized by volume purchasing of specific commodity items; 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 all documents necessary under Texas Local Government Code Chapter 271 Subchapter F and Texas Government Code Chapter 791 to purchase up to $329,944.00 in food supplies for the City Senior Center Meals Program through the Coastal Bend Council of Governments participation in the Texas 20 Purchasing Cooperative as organized and administered by the Education Service Center, Region 20. SECTION 2. That the purchase of food supplies in October-November 2017 through the CBCOG participation in the TEXAS 20 Purchasing Cooperative in amount of$50,133.00 from Labatt Food Services and $8,468.00 from Hill Country Dairies for the City Senior Center Meals Program is hereby ratified. SECTION 3. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Debbie Lindsey-Opel se o� � AGENDA MEMORANDUM Future Item for the City Council Meeting of December 19, 2017 NORPOR PE 1852 Action Item for the City Council Meeting of January 9, 2018 DATE: December 19, 2017 TO: Margie C. Rose, City Manager FROM: Kim Baker, Assistant Director of Financial Services—Purchasing Division Kim 2&cctexas.com (361) 826-3169 Interlocal Agreement with Regional Education Service Center#2 — Goodbuy Purchasing Cooperative CAPTION: Resolution authorizing the City Manager, or designee, to execute an interlocal participation agreement with local Regional Education Service Center #2 in order to participate in their cooperative purchasing program for the benefit of the City. PURPOSE: The purpose of this agenda item is to allow participation through an Interlocal Agreement with a local purchasing cooperative for the purchase of certain goods and services. BACKGROUND AND FINDINGS: The City currently utilizes a number of cooperatives that allow for expedited purchasing of common goods and services. These cooperatives benefit the City as the buying power is often increased, since these cooperatives purchase for a number of Agencies. In addition, the City is currently under agreement with other Regions of the Educational Service Center scattered throughout the State of Texas, but had never joined with the local region in Corpus Christi. The Purchasing Division staff have been working with the local Region to develop an Agreement that is mutually beneficial to both parties, that meets the needs and objectives of the City. This action allows the City Manager or designee to enter into an Interlocal Agreement with Region 2 of the Educational Service Center. ALTERNATIVES: Continue utilizing other Regions outside of the local Region or purchase direct. OTHER CONSIDERATIONS: No feasible considerations CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State Statues regulating procurements. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Purchasing Division FINANCIAL IMPACT: ❑Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $ $ $ Encumbered / Expended Amount $ $ $ This item $ $ $ BALANCE $ $ $ Fund(s): N/A Comments: The funding for specific purchases under this Interlocal Agreement will be provided by various department budgets as needed. RECOMMENDATION: Staff recommends approval of the Resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Interlocal Agreement General Conditions Document Resolution authorizing the City Manager, or designee, to execute an interlocal participation agreement with local Regional Education Service Center #2 in order to participate in their cooperative purchasing program for the benefit of the City. WHEREAS, pursuant to the Interlocal Cooperation Act, Government Code, Chapter 791, and Local Government Code, Chapter 271, a city may participate in cooperative purchasing programs established by the State, other municipalities, counties, special districts, and other political subdivisions in order to facilitate the procurement of necessary goods and services in full compliance with State bidding laws; WHEREAS, participation in cooperative purchasing programs allows the City to utilize qualified vendors/suppliers of goods and services, realize potential economies including administrative cost savings, and obtain goods and services highly beneficial to the City and its citizens through the anticipated savings and efficiencies; WHEREAS, the City desires to participate in the cooperative purchasing program established by local Regional Education Service Center#2 ("ESC#2"),whose purchasing program operates under the name "Goodbuy;" WHEREAS, the City Council has previously approved interlocal participation agreements with Regional Education Service Centers #8 and #4 and is eligible to participate in the purchasing program of Regional Education Service Center #20 via an interlocal agreement previously executed with the Coastal Bend Council of Governments; and WHEREAS, the City Council finds that execution of the necessary interlocal agreement and participation in the cooperative purchasing program of ESC #2 is beneficial to the City and in compliance with State law; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to this resolution. SECTION 2. The City Council authorizes the City Manager or her designee ("City Manager")to execute an interlocal participation agreement with local Regional Education Service Center #2 and to participate in its cooperative purchasing program operated as "Goodbuy." ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of 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 .,dbu IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII D u < s, is ,aunfd _ _dAaor o2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Interlocal Participation Agreement for the GoodBuy Purchasing Cooperative I. GOODBUY PURCHASING COOPERATIVE The GoodBuy Purchasing Cooperative("GoodBuy"), is a Purchasing Cooperative authorized by Tex. Gov't Code §§ 791.001 et seq. as amended, operated by the Education Service Center, Region 2 ("Region 2 ESC"), a state agency, as authorized by Tex. Educ. Code("TEC") §8.002 and TEC §44.031(a)(4). The purpose of this Agreement is to facilitate compliance with state bidding requirements,to identify qualified vendors of commodities, goods and services, to relieve the burdens of the governmental purchasing function, and to realize the various potential economies, including administrative cost savings, for Program Members. Program Members may purchase goods and services from any and all GoodBuy vendors, under the same terms, conditions, and price as stated in each GoodBuy awarded contract. GoodBuy excludes engineering, architectural, land survey, doctors, nurses and construction services. The purchase of goods through GoodBuy includes the purchase of any services reasonably required for the installation, operation, or maintenance of purchased goods, where such services are included in the awarded vendor contract. II. MEMBERSHIP Program Members. Program Members ("Members")must be qualifying local governmental entities of the State of Texas or another State; or qualifying private non-profit entities with tax exempt status under IRS Code Section 501(c)(3), operating private schools or child care facilities. To become a Member requires the approval of this Agreement by the governing body of the Member,and by the Region 2 ESC Board of Directors.Each Member must submit a copy of this Agreement signed by an authorized representative of the Member, along with a signed copy of a resolution approved by the Member's governing body, to Region 2 ESC, as a condition of membership, as set forth below. Non-governmental Members. In addition to the membership requirements set forth in Paragraph 2 above, all non- governmental entities seeking membership in GoodBuy must produce such documents as may be required from time to time by GoodBuy to demonstrate each such non-governmental entity is eligible to become a Member under applicable law. Membership Term. This Agreement shall be for one fiscal year of Region 2 ESC,which shall run from September 1 through August 31 of each calendar year, and shall become effective upon approval by both the Member's governing body and the Region 2 ESC Board of Directors.This Agreement shall automatically renew for successive one-year terms, unless sooner terminated as provided in this Agreement. The terms and conditions of this Agreement shall apply to the initial term of Membership and all renewals, unless the terms and conditions are modified in writing and approved by the Region 2 ESC Board of Directors. There is no fee for membership. Termination of Membership. Either the Member or Region 2 ESC may elect not to renew this Agreement by sixty (60) days advance written notice of non-renewal delivered to the designated representative of the other parry, as set forth below. This Agreement may also be terminated at any time by either parry upon thirty (30) days prior written notice to the designated representative set forth below, with or without cause. If the Member terminates its GoodBuy Participation Agreement I .,dbu IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Purc.ha4v, is ,aunfd _ _dAaor o2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII participation during the term of this Agreement or if the Region 2 ESC terminates participation of the Member under any provision of this Article,the Member shall bear the full financial responsibility for any purchases by the Member occurring after the termination date. i. Services Provided by GoodBuy: GoodBuy shall: • Provide the organization and administrative structure of the Program, including all staff necessary for the efficient operation of the Program; • Solicit requests from Members for adding categories/commodities and relevant specifications and quantity demands for goods and services that could be included in the GoodBuy Program; • Prepare specifications for procurement of goods and services to be included in the GoodBuy Program; • Publish solicitations for prices and bids from potential Vendors of goods and services to be included in the GoodBuy Program; • Qualify potential Vendors and their goods or services, based on published bid criteria, and including the conducting of due diligence of potential Vendors; • Tabulate price quotes, unit prices, and other information provided by potential Vendors of goods and services,to determine awarded Vendors for specific goods and services; • Make all Vendor background research information and bids, and GoodBuy awarded Vendor contract analysis information available to Members; • Maintain and publish the list of all GoodBuy awarded contracts, including all relevant information about the goods and services available under each awarded Vendor contract; and • Provide Members with procedures for ordering,delivery, and billing for Member purchases from GoodBuy vendors. Region 2 ESC is the designated entity that shall supervise the GoodBuy performance of this Agreement. Any written notice to GoodBuy shall be made by First Class mail, postage prepaid, and delivered to: GoodBuy Purchasing Cooperative, Education Service Center,Region 2, 209 N. Water St., Corpus Christi, Texas 78401-2528 or by e-mail sent and actually confirmed by GoodBuy to a GoodBuy Relations Representative at l x )escItiet:. Any written notice to Member must be made by First Class mail postage prepaid, or by email sent and actually confirmed as received by the Member, to one or both of the Member's designated representatives and sent to an address designated by Member in this Agreement. ii. Member Obligations: • Each Member warrants that all Member payments, or other disbursements required under this Agreement will be made from current revenues budgeted and available to that Member. • Members commit to purchase goods and services that become part of the official GoodBuy products and services list when it is in the best interest of the Member. • Each Member agrees to prepare purchase orders or provide other documentation issued to the appropriate Member from the official awarded Vendor list provided by GoodBuy clearly noting contract number on it, GoodBuy Participation Agreement 2 .,dbu IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII D u < s, is ,aunfd _ _dAaor o2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII as may be required by Member policy and procedures; provide a copy of each such purchase order, or Member approved order confirmation, Vendor Invoice or other proof of purchase for a purchase to the GoodBuy representative no later than 60 business days of the Member purchase from a GoodBuy Member; • Accept shipments of products or delivery of services ordered from vendors in accordance with standard GoodBuy purchasing procedures. • Pay Vendors in a timely manner for all goods and services received. • Report promptly in writing to GoodBuy any and all instances in which a Member has rejected goods or services delivered to the Member by any awarded Vendor or has cancelled any previously approved Purchase Order or invoice Order for goods or services to be provided by any awarded Vendor to the designated GoodBuy representative. • It is also a condition precedent to the approval of this Agreement for each Member by the Board of Directors of Region 2 ESC that each prospective Member shall designate the person or persons who have express authority to represent and bind the Member in the administration and operation of this Agreement, with respect to GoodBuy purchasing, and Region 2 ESC will not be obligated to contact any other individual(s) regarding GoodBuy matters. A Member may change the designated Member representative listed below at any time by submitting written notice to goodbuy@esc2.net. Program Member Name: Program Member Designated GoodBuy representative(s): Name: Contact Information: Title: (Address) Email: City: Telephone: State: Facsimile: Name: Contact Information: Title: (Address) Email: City: Telephone: State: Facsimile: • The Member shall provide proof of goods and services purchased via any GoodBuy contract (purchase orders, monthly activity reports, order confirmations, invoices, etc.)to GoodBuy (all purchases conducted through GoodBuy Awarded Vendor contracts). These reports may be modified from time to time as deemed appropriate by GoodBuy. III. GENERAL TERMS AND CONDITIONS Governing Law and Venue. The Member and GoodBuy agree that this Agreement is governed by the law of the State GoodBuy Participation Agreement 3 .,dbu IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Purc.ha4ig is ,aunfd _ _dAaor o2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII of Texas and the published policies and procedures of GoodBuy. Any and all suits arising from this Agreement shall be brought in a court of competent jurisdiction and venue shall lie in Nueces County, Texas. Cooperation and Access. The Member and GoodBuy agree that they will cooperate in compliance with any reasonable requests for information and/or records made by GoodBuy or the Member. GoodBuy reserves the right to audit the relevant purchasing records of any Member, and vice-versa. Defense and Prosecution of Claims. The Region 2 ESC shall not be responsible or obligated to defend any claims against the Member or prosecute any claims on behalf of the Member. Legal Counsel. The Region 2 ESC shall not be responsible or obligated to provide or act as legal counsel to the Member with respect to any matter regarding this Agreement. Purchase Contracts. The Region 2 ESC and GoodBuy shall not be a party to any contracts made by the Member for the purchase of goods or services with any vendor through the GoodBuy Program. No Warranty. The Region 2 ESC and GoodBuy do not warrant, sponsor, or endorse the goods or services of any GoodBuy Vendor. 1. It is the responsibility of the Member purchasing from GoodBuy vendors to ensure that the applicable purchasing requirements for the Member are met in accordance with all applicable local, state and federal procurement laws, rules, and regulations. Mediation. All claims and disputes arising under this Agreement shall be submitted to non-binding mediation before a neutral mediator in Nueces County, Texas,with the party demanding mediation of a claim being obligated to pay all costs and expenses of mediation. Compliance with Procurement Laws, Rules, and Regulations. GoodBuy shall use its best efforts to solicit prices for goods and services in compliance with all applicable laws and regulations governing purchase contracts by Members and will keep a record of its procurement methodology for inspection by any Member. Each Member is responsible for determining,in consultation with its legal counsel,whether purchasing through this cooperative will satisfy the requirements of any applicable law or regulation governing the Member. This Agreement contains the entire agreement of the parties hereto with respect to the matters covered by its terms, and it may not be modified in any manner without the express written consent of the parties. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect. No party to this Agreement waives or relinquishes any immunity or defense on behalf of itself, its directors, officers, employees, representatives, or agents as a result of its execution of this Agreement and performance of the functions and obligations described herein. GoodBuy Participation Agreement 4 .,dbu IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII D u < s, is ,aunfd _ _dAaor o2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII THE REGION 2 ESC GOODBUY PURCHASING COOPERATIVE, ITS ENDORSERS, AND SERVICING CONTRACTORS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT, OR SERVICE FURNISHED UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PARTIES AGREE THAT IN REGARD TO ANY AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER UNDER ANY CIRCUMSTANCES FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ESC REGION 2 GOODBUY'S ENDORSERS AND SERVICING CONTRACTORS DO NOT WARRANT THAT THE OPERATION OR USE OF PROGRAM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Merger: The Interlocal Participation Agreement,Board Resolution,Terms and Conditions, and General Provisions represent the complete understanding of the GoodBuy Purchasing Cooperative, and Member electing to participate in the Program. Representation of Authorization: By the execution and delivery of this Agreement, the undersigned individuals warrant that they have been duly authorized by all requisite administrative action required to enter into and perform the terms of this Agreement. TO BE COMPLETED BY THE GOODBUY PURCHASING COOPERATIVE,as acting on behalf of all other Members: By: Date: GoodBuy Relations Representative,Region 2 ESC Printed name Email: Telephone: Facsimile: (Name of Program Member) TO BE COMPLETED BY PROGRAM MEMBER By: Date: (Signature of authorized representative of Program Member) GoodBuy Participation Agreement 5 IIIIIIIIIIIII IIIIIIIIIIIII IIIIIIIIIIIIIIII 111111 IIIIIIIIIII II iliiiii r, ; r, eg IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II'iurelha��iin Il�r<r tirwn7 rrd rhe..Ira9uac;�Viiaairo�..ir,i<e C:�.r7t..r,I�.. inri 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3 yea Reg Inn Purchasing Cooperative General Terms and Conditions A. General Provisions 1. Bid Preparation and Submission Procedures Sealed (encrypted) bids will be received until the deadline indicated in the Notice of Invitation to Bid. Each bid must be submitted via the Program's bid submission software. Bids received by any other method will not be considered. A representative of the Bidder who is authorized to enter into contracts on behalf of the Bidder must create an account on the Program's online bid submission software. Failure to respond to requested information as part of the bid may result in the rejection of the entire bid. Bidders or their authorized representatives are expected to fully educate themselves as to the terms, conditions, requirements, and specifications of the Bid Invitation, including these General Terms and Conditions, before bid submittal. Failure to do so will be at the Bidder's own risk. The law makes no allowance for errors of omission or commission on the part of Bidders; furthermore, the Bidder cannot secure relief on the plea of error or ignorance concerning any requirement included in the Bid Invitation. Bidders are welcomed to attend the bid opening at the date and time indicated in the Notice of Invitation to Bid, but Bidder presence is not required, and no weight or other consideration toward any award decision will be given to any Bidder's attendance or absence at the bid opening. Recaps of the details of the bids received will be available to any interested party upon WRITTEN request. The form and content of the bid recaps will be at the sole discretion of the management and staff of the Program and may be in electronic form. Unless otherwise specified, you may bid on any or all items. Answer all questions related to each item on which you wish to bid. For items you do not wish to bid on, you may simply leave the questions for that item unanswered (blank), or you may enter "No Bid" or "N/B." Items will be considered individually and awards will be made on each item independently, except for "related" items for which "compatibility" will be an element of consideration. In such cases, small groups of items will be considered as a unit. Small and Minority Firms, Women's Business Enterprises, and Labor Surplus Area firms are especially encouraged to submit bids. 2. Statement of Inclusion/Applicability These General Terms and Conditions are applicable to all Bid Invitations issued by the Program, and by this inclusion, they become an integral part of any contract which is awarded, or Purchase Order which is issued in association with this Bid Invitation. 3. General Provisions and Definitions The term "Program" means the Goodbuy Purchasing Cooperative and its management and staff. The term "Member" means any member of the Program and the member's management and staff. Page 1 of 17 IIIIIIIIIIIII IIIIIIIIIIIII IIIIIIIIIIIIIIII 111111 IIIIIIIIIII II iuiiiiii r, ; r, eg IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II'iurelha��iin Il�r<r tirwn7 rrd rhe..Ira9uac;�Viiaairo�..ir,i<e C:�.r7t..r,I�.. inri 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3 yea Reg Inn term "Bidder" means the business or entity submitting a bid to the Program and, if awarded, providing goods and services through the Program to Members. The term "Parties" means the Program and the Bidder. The term "contract" means the comprehensive collection of: a) the General Terms and Conditions, including any attachments and or amendments, and all other forms and information collection pages included with this Bid Invitation; b) the Item Specifications included in the Bid Invitation and any subsequent addenda thereto; c) the Bidder's response to the Bid Invitation; d) the Bidder's Notice of Award document; and e) any additional terms, conditions, or instructions contained in each individual Purchase Order issued by any member(s) of the Program. Collectively, these documents represent the entire agreement between the Parties. The term "Purchase Order" means a purchase order issued by a Member to the Bidder to order goods or services pursuant to this contract. The section titles contained in this General Terms and Conditions document are for convenience and reference only, and in no way define, describe, extend, or limit the scope or intent of the provisions of any section of this document. Unless otherwise stated, any listing of factors or criteria in this document does not constitute an order of preference or importance. 4. Contract Time Period and Successors and Assigns The time period for purchases covered by any contract resulting from any award under this bid is stated in the Notice of Invitation to Bid. Unless otherwise indicated in these General Terms and Conditions, all bid pricing will be firm through the entire contract period. In the event this contract expires before another bid is awarded, upon the mutual written agreement of the Parties, this contract may be extended on a month to month basis beyond the expiration of the contract time period. The transfer, assignment, or subcontracting of contracts is prohibited, and the Bidder agrees not to sell, assign, transfer, convey, or subcontract any portion of any contract resulting from this Bid Invitation without the prior written consent of the Program. Any contract resulting from any award under this bid shall be binding upon and shall inure to the benefit of the parties and their successors and permitted assigns. If the Bidder is acquired, sold, merged, or otherwise reorganized, the Bidder shall provide notice of such change to the Program in writing. 5. Addendum In the event that any changes to this Bid Invitation occur, the changes or corrections to this Bid Invitation will be made by addendum, and any updated information contained in Page 2 of 17 IIIIIIIIIIIII IIIIIIIIIIIII IIIIIIIIIIIIIIII 111111 IIIIIIIIIII II iuiiiiii r, ; r, eg IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II'iurelha��iin Il�r<r tirwn7 rrd rhe..Ira9uac;�Viiaairo�..ir,i<e C:�.r7t..r,I�.. inri 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3 yea Reg Inn addendum will prevail over the information contained in the original Bid Invitation or any previous addendum. Each entity who received a copy of this Bid Invitation will be notified of any addendum to this Bid Invitation via our online bid submission software. The Program is the sole authority for the issuance of any addendum related to this bid. Any communications from any person or entity other than the Program regarding any matters related to this bid are invalid and will have no influence on this Bid Invitation. 6. Specifications (line item bids only, not applicable on catalog discount bids) Catalog numbers, brand names, or manufacturer's product or reference numbers used in the item specifications are intended to be descriptive, not restrictive. These references, as well as "approved brands" listed, are intended to identify and indicate the type of product being sought, and establish the level of quality desired. If any conflict exists in the item specifications between the product descriptions and any brand names or model or reference numbers used, the product descriptions will override the brand names or model number references. In most cases, bids on brands of equivalent nature and quality will be considered, provided they are regularly produced products from a reputable manufacturer. However, in some cases, the Program may find it advantageous to standardize equipment and/or supplies by manufacturer in order to achieve efficiencies in procurement, repair, and operation, to match existing stock, or to satisfy other requirements. In these cases, preference will be given to the specific products identified as "approved brands," especially if all other evaluation factors are deemed to be equal. For this reason, where specific brands or models are identified, it is preferable for the Bidder to bid on the exact item specified, in addition to an alternate brand or model where desired. All bids must identify the manufacturer, brand, model, etc. of the article being offered. For bids on "or equal/equivalent" items other than any "approved brand" specified, the Bidder must supply a complete description and sufficient data for the Program to properly analyze the product being bid. Samples may be requested for items other than "approved brands." If the Bidder fails to identify the manufacturer, brand, model, etc. for any item being bid on, the Program will assume the Bidder is bidding on the exact brand and model identified in the specification, and if awarded, the Bidder will be required to supply the exact brand names, models, etc. as specified. Substitutions will not be allowed. The apparent silence of the specifications as to any detail or the apparent omission from any specification of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices shall prevail. All interpretations of the specifications shall be made on the basis of this statement. If the Bidder discovers or suspects an error in the item specifications in this Bid Invitation, please note it as part of the Bidder's bid response. The Program will attempt to correct errors for future Bid Invitations. Page 3 of 17 IIIIIIIIIIIII IIIIIIIIIIIII IIIIIIIIIIIIIIII 111111 IIIIIIIIIII II iuiiiiii r, ; r, eg IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II'iurelha��iin Il�r<r tirwn7 rrd rhe..Ira9uac;�Viiaairo�..ir,i<e C:�.r7t..r,I�.. inri 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3 yea Reg Inn Bid Evaluation and Award All bids received in response to this Bid Invitation which are submitted in accordance with the instructions and restrictions contained in section #1 of this General Terms and Conditions document entitled "Bid Preparation and Submission Procedures" will initially be considered for award; however, initial consideration of any bid will not constitute an assessment of its meeting the necessary qualifications, and any bid may be disqualified at any time during the process of evaluating bids for failure to meet any other terms or conditions contained anywhere else in the Bid Invitation. The Program reserves the right to waive any or all bidding irregularities, formalities, or other technicalities, to be the sole and independent judge of quality and suitability of any products offered, and may accept or reject any bid in its entirety, or may reject any part of any bid without affecting the remainder of that bid, and may award the individual items on this bid in any combination or in any way to best serve the interests of its members as it perceives those interests to be in its sole discretion. It is not the policy of the Program to purchase on the basis of low bid price alone. All bid items are subject to evaluation and approval by a committee composed of Members. In evaluating the bids received and determining to which bidder(s) (if any) to award a contract, the Program may consider any combination of the following criteria: (1) the purchase price; (2) the reputation of the Bidder and of the Bidder's goods and/or services; (3) the quality of the Bidder's goods and/or services; (4) the extent to which the goods and/or services meet the needs of the Members; (5) the Bidder's location and service and delivery capabilities; (6) the Bidder's past performance with the Members; (7) student preferences; (8) the warranties offered and the Bidder's warranty service history; (9) the probability of continuous availability of the goods and/or services offered; (10) the impact on the ability of the Members to comply with any applicable laws or rules, including those relating to the utilization of historically underutilized businesses; (11) the total long-term cost to the Program Members to acquire the Bidder's goods and/or services; and (12) any other relevant factor that a public or private entity could consider in selecting a vendor. The Program, through its management and/or its Members, may use all means at their collective disposal to evaluate the bids received on these criteria, and the final decision as to the best overall offer, both as to price and to suitability of the products and/or services offered to fit the needs of the Members, will rest solely with the Board of Directors for Education Service Center, Region 2, which may be delegated at the Board's discretion. Unless otherwise indicated in this Bid Invitation, "all or nothing" bids are not acceptable and will be rejected. The Bidder must be willing to accept a partial award for any combination of the items and/or services bid, and must be willing to share the business with any other successful bidders. The successful bidder(s) will be notified by "Notice(s) of Award" issued by the management of the Program. The Program and/or its members, as a whole or individually, reserve the right to require a performance bond as it is deemed necessary. Page 4 of 17 IIIIIIIIIIIII IIIIIIIIIIIII IIIIIIIIIIIIIIII 111111 IIIIIIIIIII II iuiiiiii r, ; r, eg IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II'iurelha��iin Il�r<r tirwn7 rrd rhe..Ira9uac;�Viiaairo�..ir,i<e C:�.r7t..r,I�.. inri 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3 yea Reg Inn Performance 8. Quantities Quantities reflected in this Bid Invitation are estimates based upon the combined projected needs for participating Members during the contract period. Quantities are the best estimate of anticipated needs available at the time of publication of this Bid Invitation, but the accuracy of these estimated quantities may be affected by numerous factors including, but not limited to, budgetary adjustments, student participation, availability of government commodities or other subsidies, changing market forces, unintentional errors or omissions, and changes in Program participation. Actual needs may be greater or less than the estimated quantities provided. Unless otherwise specified by the bidder, the Program as a whole, and its individual Members, will be allowed to purchase up to twenty-five percent (25%) more or up to twenty-five percent (25%) less than the estimated quantities for any item and still obtain the item at the bid price. The Bidder will be notified of significant changes in the estimated quantities as they become known throughout the contract period. The Bidder will be required to monitor consumption rates and bring any exceptions to the attention of the Program management as soon as possible. The Program will communicate slow-moving items to its members if notified by the Bidder. Except for conditions discussed within section #23 of this document entitled "Force Majeure," the Bidder is required to maintain sufficient inventories to cover the needs of Members with only minimal, occasional, and temporary inability to provide products on a timely basis. The Bidder at the close of the contract period agrees not to hold the Program or its Members liable for any inaccuracies in estimated quantities or for any products on hand. 9. Packaging Unless otherwise provided for in this Bid Invitation, all products supplied under any contract resulting from this Bid Invitation must be packaged in containers that are new, appropriately designed for the products involved, and sturdy enough to protect the products involved in loading, transit, unloading, and storage. Any products supplied under any contract resulting from this Bid Invitation for which palletizing is appropriate must be delivered on standard 48" 4-way pallets in good, serviceable condition. 10. Pricing All "Line Item" Bids must be for a specific price for the unit of measure specified for that item. The Bidder is responsible for clearly noting any differences in proposed packaging and/or units of measure in the bid response, and the Bidder shall understand that if the item in question is awarded to the Bidder, the quantity specified for that item will be adjusted to achieve an approximately equivalent amount of the product. In cases where another price is requested for comparison purposes (e.g., "portion price" or "price per ounce"), such price is for comparison purposes only. Purchases will be made in increments of the unit of measure specified. In the case of any Page 5 of 17 IIIIIIIIIIIII IIIIIIIIIIIII IIIIIIIIIIIIIIII 111111 IIIIIIIIIII II iuiiiiii r, ; r, eg IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II'iurelha��iin Il�r<r tirwn7 rrd rhe..Ira9uac;�Viiaairo�..ir,i<e C:�.r7t..r,I�.. inri 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3 yea Reg Inn or error in comparison price calculations, the price for the unit of measure specified will prevail. Excessive errors in comparison price calculations will be sufficient grounds for rejection of the entire bid. "Discount from Catalog" Bid Invitations are percent of discount offered on list price for items in the Bidder's published catalog and/or price list listed in the bid response. "Cost Plus" bids will not be accepted unless otherwise requested in this Bid Invitation. Bid prices must be firm for acceptance for at least 90 days from bid opening date, unless otherwise specified in this Bid Invitation or in the Bidder's response. If during the term of the contract, the Bidder's net prices to any or all of its other customers in similar market circumstances for any of the same items awarded under this Bid Invitation are reduced below the contracted price, it is understood and agreed that the benefits of such price reduction shall be extended to all Members. 11. Sales Tax The Members are, for the most part, public entities that are exempt from sales, excise, and use taxes. Tax Exemption Certificates will be provided by each Member upon individual requests from the Bidder. Unless otherwise specified in this Bid Invitation, sales tax will not be included in any bid response or invoice submitted by the Bidder unless the Bidder has requested a Tax Exemption Certificate from the individual Member in writing and failed to receive the same within a reasonable period of time. The Limited Sales, Excise, and Use Tax Laws recognize the inclusion of tax exemption information as part of a Purchase Order to be as binding as if it had been submitted separately, and by responding to this Bid Invitation, the Bidder agrees to accept tax exemption information in such form. 12. Delivery and Transportation Unless otherwise noted in these General Terms and Conditions or the Purchase Order, or unless prior approval has been obtained from the Member placing the order, all deliveries shall be made between the hours of 8:00 A.M. through 11:30 A.M. and 1:30 P.M. through 3:30 P.M. (4:30 P.M. for members other than school districts), Monday through Friday, holidays excepted. Unless otherwise noted in this Bid Invitation or in the Purchase Order, the Bidder must deliver products awarded under this Bid Invitation within ten (10) working days after receipt of a Purchase Order. The Bidder must immediately notify the primary contact person at the Member placing the order, by telephone and/or fax, if any delays occur. The Member placing the order will have the option to cancel the order if it is unable to accept the delay. At the discretion of the Member placing the order, items received after the due date, for which the Member has not been notified regarding the delay, may be returned at the Bidder's expense with no penalty to the Member. Repeated failure to meet delivery dates will constitute a breach of contract by the Bidder, and may result in the initiation of actions covered in section #22 of this General Terms and Conditions document entitled "Remedies for Non-Performance of Contract, and Contract Termination" and the associated financial impacts attached thereto, as Page 6 of 17 IIIIIIIIIIIII IIIIIIIIIIIII IIIIIIIIIIIIIIII 111111 IIIIIIIIIII II iuiiiiii r, ; r, eg IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II'iurelha��iin Il�r<r tirwn7 rrd rhe..Ira9uac;�Viiaairo�..ir,i<e C:�.r7t..r,I�.. inri 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3 yea Reg Inn as jeopardize any future business from the Program. All freight, delivery, and handling charges are the responsibility of the Bidder, and all bid prices must be quoted freight prepaid, F.O.B. destination, and shall include all freight, delivery, and handling charges, including unloading and inside deliveries where required. Cartons must be marked as indicated on the Purchase Order. Each shipment must include a packing list and waybill or delivery ticket. If the Bidder is delivering products out of more than one warehouse or distribution center, all warehouses or distribution centers involved in the distribution plan MUST carry or have timely access to all awarded items and MUST be able to respond to orders in a timely manner. Unless otherwise specified in this Bid Invitation, product substitutions are not allowed, and the involvement of multiple distribution centers will not be construed as to alter the restrictions against product substitutions. In the event the Bidder uses multiple distribution centers, the Program and its Members will have ONE CONTACT PERSON for overall contract management relative to any contract resulting from any award under this Bid Invitation, and the Program and its Members WILL NOT be required to deal with multiple contacts from the Bidder for overall contract management. When the needs of the Member require immediate response, the right to pick up products awarded under this Bid Invitation on an "over the counter" basis must be available for the majority of the items awarded to a Bidder. Under such circumstances, the Member's personnel may pick up products at the Bidder's warehouse location at the bid price with no minimum purchase required. Except for items that have hidden defects or that do not meet specifications, title to all products shall pass to the Member upon receipt and acceptance at the time of delivery. 13. Quality Unless otherwise indicated in the Bid Invitation, all items bid must be new and in first class condition and must conform to the highest standards of manufacturing practice, including containers suitable for shipment and storage. Unless otherwise requested, the Program will not accept "factory seconds" or otherwise inferior goods, and reserves the right to return any such item(s) within thirty (30) days of receipt at Bidder's expense. All electrical items must meet all applicable OSHA standards and regulations, and must bear the appropriate listing from US, FMRC, NEMA, or U L Laboratories. Materials Safety Data Sheets (MSDS) on chemicals or any other products customarily requiring MSDS Sheets must be provided for each ordering Member. MSDS Sheets must be delivered along with the first shipment to each individual Member within the contract period. Additional MSDS Sheets must be provided in a timely manner at no charge upon request from any participating member of the Program. Page 7 of 17 IIIIIIIIIIIII IIIIIIIIIIIII IIIIIIIIIIIIIIII 111111 IIIIIIIIIII II iliiiii r, ; r, eg IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II'iurelha��iin Il�r<r tirwn7 rrd rhe..Ira9uac;�Viiaairo�..ir,i<e C:�.r7t..r,I�.. inri 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3 yea Reg Inn Product Inspection, Testing, and Defective Items All products supplied under this contract should arrive in the best possible condition and will be subject to inspection, testing, and approval by the Program and/or its Members. Tests may be performed on any samples submitted as part of the bidding or evaluation process, or on samples taken from any regular shipment. In the event any product tested fails to meet or exceed all requirements of the bid item specifications or the General Terms and Conditions of the Bid Invitation, the cost of the samples used and the cost of the testing shall be borne by the Bidder, and upon notification to the Bidder, the defective product(s) will be picked up and replaced by the Bidder within five (5) business days or on the next service date, whichever is sooner, without charge for the replacement(s) or delivery. Defective products which are not picked up and replaced by the Bidder as outlined above may be disposed of by the Member without expense to the Program or its Member. Repeated incidents of delivery of products that fail to pass product inspection and/or testing by the Bidder will warrant cancellation of the contract in addition to the remedies outlined above. Furthermore, future business from the Program could be jeopardized. Products damaged in shipment will be considered as defective products and will be subject to the same remedies outlined above. The failure of any consumable products (food items) to meet specifications or acceptable chemical or bacterial levels may result in cancellation of the contract in addition to the remedies outlined above. Furthermore, future business from the Program could be jeopardized. All products in the Member's warehouse at the time of any such cancellation must be picked up and credit issued to the Member. Latent defects discovered after delivery and acceptance of any products may result in revocation of the acceptance. The Program shall have access to the Bidder's place of business during normal business hours for the purpose of inspecting merchandise. 15. Samples If samples are needed for bid evaluation, they will be requested as part of the Bid Invitation or in a separate communication. Unless otherwise indicated in the request for the samples, the samples must be received by the Program within 72 hours from the time of the request. Samples must be furnished free of expense to the Program. Samples must be labeled with Program Bid Name and Number, Item Number, Product Identification Number(s), and the name of the Bidder. Do not include samples with the bid response unless otherwise instructed in the Bid Invitation. All samples will be retained by the Program for a sufficient length of time for proper evaluation. If not destroyed or consumed during examination or testing, samples will be returned to the Bidder at the Bidder's expense, but only upon written request submitted with the samples at the time the samples were submitted. However, notwithstanding the above, samples from the successful Bidder may be retained Page 8 of 17 IIIIIIIIIIIII IIIIIIIIIIIII IIIIIIIIIIIIIIII 111111 IIIIIIIIIII II iuiiiiii r, ; r, eg IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II'iurelha��iin Il�r<r tirwn7 rrd rhe..Ira9uac;�Viiaairo�..ir,i<e C:�.r7t..r,I�.. inri 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3 yea Reg Inn by the Program for the purpose of determining that the quality and workmanship of the delivered items are comparable to the samples. The Program shall incur no liability for any samples that are damaged, destroyed or consumed during examination or testing. Failure by the Bidder to submit samples when requested will result in the items in question not being considered for award to the Bidder. 16. Warranties By submission of a bid, the Bidder warrants that the Bidder is an authorized dealer, distributor, or manufacturer for the product(s) being offered, that all items being bid conform to the specifications for which the items are being offered, and that all items supplied under any contract related to this Bid Invitation will be free from all defects in material, workmanship, and title. A minimum of ninety (90) days product guarantee or the manufacturer's standard commercial warranty, whichever is greater, shall apply to all products purchased under this Bid Invitation. This warranty shall provide for replacement of defective merchandise, parts, and labor, and shall include pick-up of the defective merchandise from the specified Member's location and delivery of the replacement(s) to the same location. The warranty shall be effective from the date of acceptance of the merchandise. 17. Withdrawal or Modification of Bid Subject to the restrictions discussed below, a bid submitted to the Program can be withdrawn ONLY IN ITS ENTIRETY, and ONLY UNTIL THE DUE DATE AND TIME FOR BID SUBMISSION as stated in the Notice of Invitation to Bid included with this Bid Invitation. A representative of the Bidder who is authorized to enter into contracts on behalf of the Bidder must log on to our online bid submission software to withdraw. No bid may be withdrawn after the date and time that bids are due as specified in the Notice of Invitation to Bid. If the Bidder withdraws a bid, the Bidder may resubmit the bid, or submit a new bid, up until the due date and time for bid submission as stated in the Notice of Invitation to Bid included with this Bid Invitation, provided any new submission meets all the qualifications of bid submission included in these General Terms and Conditions. All bids in the possession of the Program at the time bids are due shall be deemed final, conclusive, and irrevocable, and no bid shall be subject to withdrawal, amendment, or correction after the due date and time for bid submission as stated in the Notice of Invitation to Bid included with this Bid Invitation. 18. Substitutions The Program will not accept any substitutes after item(s) have been awarded as specified, unless such substitutions are deemed to be in the best interest of the Members, and unless prior agreements have been reached and reduced to writing regarding such substitutions. Substituting without the prior approval of the Member placing the order will constitute a breach of contract by the Bidder which may result in Page 9 of 17 IIIIIIIIIIIII IIIIIIIIIIIII IIIIIIIIIIIIIIII 111111 IIIIIIIIIII II iliiiii r, ; r, eg IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II'iurelha��iin Il�r<r tirwn7 rrd rhe..Ira9uac;�Viiaairo�..ir,i<e C:�.r7t..r,I�.. inri 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3 yea Reg Inn initiation of actions covered in section #22 of this General Terms and Conditions document entitled "Remedies for Non-Performance of Contract, and Contract Termination" and the associated financial impacts attached thereto, and may jeopardize any future business from the Program. 19. Deviations from Item Specification or General Terms and Conditions Any and all limitations, exceptions, qualifications, special conditions, or deviations from these General Terms and Conditions or any of the item specifications, including the offering of any alternate to the "approved brand and/or model" (where identified) must be clearly noted in detail by the Bidder at the time of submission of the bid. The absence of such limitations, exceptions, qualifications, special conditions, or deviations being submitted in detail with the Bidder's response will hold the Bidder accountable to the Program and its members to perform in strict accordance with all these General Terms and Conditions and all the item specifications as written, including any "approved brands and/or models" identified. The Bidder should be aware that the submission of any such limitations, exceptions, qualifications, special conditions, or deviations with the bid response may place the Bidder at a competitive disadvantage or otherwise prevent the Program from considering the bid on the affected item(s). Any deviation from any of the item specifications, including the delivery of any product other than the specific brand and model of the product awarded, will be grounds for rejection of the product(s) when delivered, and will expose the Bidder to the remedies identified in section #22 of this General Terms and Conditions document entitled "Remedies for Non-Performance of Contract, and Contract Termination" and may jeopardize future business from the Program. 20. Contracts and Purchase Orders A response to this Bid Invitation is an offer to contract with the Program and its Members based upon the Item Specifications and the General Terms and Conditions contained in the Bid Invitation. Bids do not become contracts unless and until they are both accepted by the Program through an Award Notice to the Bidder, and put into effect by the issuance of a Purchase Order(s) signed by an authorized representative of a participating Member. Purchase Orders will be delivered directly to the Bidder. All deliveries and financial transactions will occur directly between the Bidder and the Members. 21. Invoices, Packing Lists, and Payment Packing lists or other suitable shipping documents must accompany each shipment and must identify (a) the name and address of the Bidder, (b) the name and address or delivery location of the receiving entity, (c) the Purchase Order number, and (d) detailed descriptive information identifying the item(s) delivered, including quantity, item number, product code, item description, number of containers, etc. All invoices must reflect (a) the name and address of the Bidder, (b) the name and address or delivery location of the receiving entity, (c) the appropriate Purchase Order number, and (d) detailed descriptive information identifying the item(s) delivered, including quantity, item number, product code, item description, etc., and must include a properly signed copy of the delivery receipt. Invoices must be mailed directly to the Page 10 of 17 IIIIIIIIIIIII IIIIIIIIIIIII IIIIIIIIIIIIIIII 111111 IIIIIIIIIII II iuiiiiii r, ; r, eg IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II'iurelha��iin Il�r<r tirwn7 rrd rhe..Ira9uac;�Viiaairo�..ir,i<e C:�.r7t..r,I�.. inri 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3 yea Reg Inn Member. The Members will not be held responsible for any products delivered or invoiced without a valid current Purchase Order number. The Program cannot control the payment terms adopted and/or followed by its individual members; however, the Program does attempt to remind its members of the importance of following prompt payment policies. Notwithstanding the above, the payment terms stated on each individual Purchase Order will be the controlling factor in the determination of payment terms. Each Invoice should include the Bidder's normal payment terms in the event that any Purchase Order fails to address the subject. In any case, payment will be made only after satisfactory delivery and acceptance of merchandise in good order, including the necessary documentation indicated above, and only after receipt of a correct Invoice from the Bidder, including the necessary information indicated above. At the option of the Member, invoices with incorrect prices or other errors or inconsistencies will not be paid until corrected, whether by credit memo(s) or issuance of a corrected invoice. At the option of the Member, invoices may be corrected upon receipt and payment may be made based upon their corrections. No term in this contract shall be construed to conflict with the Texas Prompt Payment law, Texas Government Code, Chapter 2251, which shall govern the payment by Members to Bidders, to the extent such Members are covered by the law. 22. Remedies for Non-Performance of Contract, and Termination of Contract If the Bidder cannot comply with the terms and conditions in fulfilling its contract as anticipated, the Bidder must supply the same products or services contracted from other sources at the contract price. The Bidder's delay in the above will constitute the Bidder's material breach of contract, whereupon the Program may terminate the Bidder's contract for cause as provided by the remainder of this section. Unless this contract is extended by mutual agreement of the Parties on a month to month basis beyond the expiration of the contract time period as stated in the Notice of Invitation to Bid, this contract shall terminate upon the expiration of the contract term as stated in the Notice of Invitation to Bid. If any delay or failure of performance is caused by a Force Majeure event as described in section #23 of this General Terms and Conditions document entitled "Force Majeure," the Program may, in its sole discretion, terminate this contract in whole or part, provided such termination follows the remaining requirements of this section. Except as otherwise provided for within the General Terms and Conditions of this document, this contract may be terminated in whole or in part by either Party in the event of substantial failure by the other Party to fulfill its obligations under this contract through no fault of the terminating Party; provided that no such termination may be implemented unless and until the other Party is given (1) at least ten (10) days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and Page 11 of 17 IIIIIIIIIIIII IIIIIIIIIIIII IIIIIIIIIIIIIIII 111111 IIIIIIIIIII II iuiiiiii r, ; r, eg IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II'iurelha��iin Il�r<r tirwn7 rrd rhe..Ira9uac;�Viiaairo�..ir,i<e C:�.r7t..r,I�.. inri 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3 yea Reg Inn an opportunity for consultation with the terminating Party, followed by a reasonable opportunity, of not more than ten (10) working days, to rectify the defects in products or performance, prior to termination. Valid causes for termination of this contract will include, but are not limited to: a) the Bidder's failure to adhere to any of the provisions of the General Terms and Conditions of this Bid Invitation; b) the Bidder delivering any product(s) that fails to meet the Item Specifications included in this Bid Invitation relating to the awarded product(s); c) the Bidder delivering any substitution(s) of product(s) different than those originally bid and awarded without the prior written approval of the Member placing the order; d) the Bidder's failure to meet the required delivery schedules as identified in the contract documents; or e) the Bidder's violation of any other provision contained within these General Terms and Conditions or any attachment thereto which provides for contract termination as a remedy. Notwithstanding anything contained in this section, in the event of the Bidder's breach of any provision in this contract, the Program reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of its Members, including, but not limited to, the purchase of other products of like type and quality from other sources in the open market. In the event the Program elects to purchase other products from other sources, the Program will invoice the Bidder for any increased costs to the Program or its Members, and the Bidder agrees, by submission of a bid response, to promptly pay any such charges invoiced. In the event the Program terminates this contract, in whole or in part, for any reason provided for within the contract, the Program reserves the right to award the canceled contract, or any portion thereof, to the next lowest or best bidder as it deems such award to be in the best interest of its Members. Any contract termination resulting from any cause other than a Force Majeure event will be deemed valid reason for not considering any future bids from the defaulting Bidder. In the performance of this contract, time is of the essence and these General Terms and Conditions are of the essence. 23. Force Majeure The term Force Majeure shall include, but is not limited to, governmental restraints or decrees, provided they affect all companies in the Bidder's industry equally and are not actions taken solely against the Bidder; acts of God (except natural phenomena, such as rain, wind or flood, which are normally expected in the locale in which performance is to take place); work stoppages due to labor disputes or strikes; fires; explosions; epidemics; riots; war; rebellion; or sabotage. The Parties to this contract will be required to use due caution and preventive measures to protect against the effects of Force Majeure, and the burden of proving that Force Majeure has occurred shall rest on the Party seeking relief under this section. The Party seeking relief due to Force Majeure will be required to promptly Page 12 of 17 IIIIIIIIIIIII IIIIIIIIIIIII IIIIIIIIIIIIIIII 111111 IIIIIIIIIII II iuiiiiii r, ; r, eg IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II'iurelha��iin Il�r<r tirwn7 rrd rhe..Ira9uac;�Viiaairo�..ir,i<e C:�.r7t..r,I�.. inri 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3 yea Reg Inn the other Party in writing, citing the details of the Force Majeure event, and will be required to use due diligence to overcome obstacles to performance created by the Force Majeure event, and shall resume performance immediately after the obstacles have been removed, provided the contract has not been terminated in the interim. Delay or failure of performance, by either Party to this contract, caused solely by a Force Majeure event shall be excused for the period of delay caused solely by the Force Majeure event, provided the affected Party has promptly notified the other party in writing. Neither Party shall have any claim for damages against the other resulting from delays caused solely by Force Majeure. Neither the Program nor its Members will be responsible for any costs incurred by the Bidder because of the Force Majeure event unless the Program or its Member has requested, in writing, that the Bidder incur such costs in connection with any delay or work stoppage caused by the Force Majeure event, and the Program has agreed in such writing to incur such additional costs. Notwithstanding any other provision of this section, in the event the Bidder's performance of its obligations under this contract is delayed or stopped by a Force Majeure event, the Program shall have the option to terminate this contract in accordance with section #22 of this General Terms and Conditions document entitled "Remedies for Non-Performance of Contract, and Contract Termination." Furthermore, this section shall not be interpreted as to limit or otherwise modify any of the Program's rights as provided elsewhere in this contract. 24. Non-Collusion Certification By signing this bid, the Bidder certifies that, to the best of his/her knowledge: a) neither the Bidder nor any business entity represented by the Bidder has received compensation for participation in the preparation of the item specifications or the General Terms and Conditions related to this Bid Invitation; b) this bid or proposal has been arrived at independently and is submitted without collusion with any other bidder, with any competitor or potential competitor, or with any other person or entity to obtain any information or gain any special treatment or favoritism that would in any way limit competition or give any bidder an unfair advantage over any other bidder with respect to this bid; c) the Bidder has not accepted, offered, conferred, or agreed to confer, and will not in the future accept, offer, confer, or agree to confer, any benefit or anything of value to any person or entity related to the Program or Members in connection with any information or submission related to this bid, any recommendation, decision, vote, or award related to this bid, or the exercise of any influence or discretion concerning the sale, delivery, or performance of any product or service related to this bid; d) neither the Bidder, nor any business entity represented by the Bidder, nor anyone acting for such business entity, has violated the Federal Antitrust Laws or the antitrust laws of this State with regard to this bid, and this bid or proposal has not been knowingly disclosed, and will not be knowingly disclosed to any other bidder, competitor, or potential competitor prior to the opening of bids or proposals for this project; and e) no attempt has been or will be made to induce any other person or entity to submit Page 13 of 17 IIIIIIIIIIIII IIIIIIIIIIIII IIIIIIIIIIIIIIII 111111 IIIIIIIIIII II iuiiiiii r, ; r, eg IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II'iurelha��iin Il�r<r tirwn7 rrd rhe..Ira9uac;�Viiaairo�..ir,i<e C:�.r7t..r,I�.. inri 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3 yea Reg Inn to not submit a bid or proposal. The person signing this bid or proposal certifies that he/she has fully informed himself/herself regarding the accuracy of the statements contained in this certification. 25. Assignment - Delegation No responsibility or obligation created by this contract shall be assigned or delegated by the Bidder without written permission from the Program. Any attempted assignment or delegation by the Bidder shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 26. Certifications Regarding Legal, Ethical, and Other Matters By signing this bid, the Bidder certifies that: a) the Bidder has read and understands all the General Terms and Conditions in this document, and agrees to be bound by them, and the person signing this bid is authorized to submit bids on behalf of the Bidder; b) the Bidder has noted any and all relationships that might be conflicts of interest and included such information with his/her bid response; c) the bid submitted conforms with all item specifications, these General Terms and Conditions, and any other instructions, requirements, or schedules outlined or included in this Bid Invitation; d) if this bid is accepted, in whole or in part, the Bidder will furnish any item(s) awarded to them under this Bid Invitation to the Members at the price bid, and in accordance with the item specifications and the terms and conditions contained in this Bid Invitation; e) the Bidder has, or has the ability to obtain, such financial and other resources, including inventories, as may be required to fulfill all the responsibilities associated with this bid; f) the Bidder has a high degree of integrity and business ethics, and a satisfactory record of performances, and has not been notified by any local, state, or federal agency with competent jurisdiction that its standing in any matters whatsoever would preclude it from participating in this bid, it would in no other way whatsoever be disqualified to bid or receive any award or contract related to this bid, and the Bidder will comply with any reasonable request from the Program to supply any information sufficient to substantiate the Bidder's ability to meet these minimum standards; g) concerning paragraph "f)" above, the Bidder has identified and disclosed in this written bid response any and all known or suspected matters that would disqualify it from participating in this bid or receiving any award or contract related to this bid, recognizing that the Bidder's failure to identify and disclose any such matters constitutes its affirmation that no such matters exist; h) the Bidder has obtained, and will continue to maintain during the entire term of this contract, all permits, approvals, or licenses, necessary for lawful performance of its obligations under this contract; i) the prices, prompt payment discount terms, delivery terms, distribution allowances, and the quality and/or performance of the products offered in the bid response are and will remain the same or better than those offered to the Bidder's most favored customer under equivalent circumstances; Page 14 of 17 IIIIIIIIIIIII IIIIIIIIIIIII IIIIIIIIIIIIIIII 111111 IIIIIIIIIII II iuiiiiii r, ; r, eg IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II'iurelha��iin Il�r<r tirwn7 rrd rhe..Ira9uac;�Viiaairo�..ir,i<e C:�.r7t..r,I�.. inri 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3 yea Reg Inn the Bidder will comply with all laws relating to intellectual property, will not infringe on any third party's intellectual property rights, and will indemnify, defend, and hold the Program and its Members harmless against any claims for infringement of any copyrights, patents, or other infringements related to its activities under this contract; k) the bid submitted complies with all federal, state, and local laws concerning these types of products or services, and the Bidder will continue to comply with any applicable federal, state, and local laws related to the Bidder's activities in connection with this contract; 1) the Bidder will maintain, at the Bidder's expense, any insurance necessary to protect the Program and its Members from all claims for bodily injury, death, or property damage that might arise from the performance by the Bidder or the Bidder's employees or its agents of any service required of the Bidder under this contract; however, the existence of such insurance will not relieve the Bidder of full responsibility and liability for damages, injury, death, or loss as described or as otherwise provided for by law; m) neither the Program nor any of its Members shall be liable to the Bidder for any damages (including, but not limited to, loss of profits or loss of business, or any special, consequential, exemplary, or incidental damages) in the event that the Program declares the Bidder in default; and n) the Bidder understands that the inclusion of any false statement in this bid application may result in bid disqualification and, if awarded, such false statement(s) constitute a material breach of contract which will void the submitted bid or any resulting contracts, and subject the Bidder to removal from all bid lists, and possible criminal prosecution. Unless otherwise provided for in this Bid Invitation, any written notice or other communication required by this bid or by law will be conclusively deemed to have been given and received on the second business day after such written notice has been deposited in the U. S. Mail, properly addressed, and with sufficient postage affixed thereto, provided such notice shall not prevent the giving of actual notice in any other manner. 27. Equal Employment Opportunity (EEO) Disclosures The Bidder agrees that during the period of any contract resulting from any award under this Bid Invitation, the Bidder will comply with all applicable equal employment opportunity laws and regulations, including, but not limited to an agreement not to deny any benefit to, exclude from any opportunity, or discriminate in any way against, any applicant, employee, or any other person because of age, color, creed, gender, handicapping condition, marital status, national origin, political affiliation or belief, race, religion, or veteran status. The Bidder further agrees that the Bidder is and, during the period of any contract resulting from any award under this Bid Invitation will remain, in compliance with Executive Order 11246, entitled "Equal Employment Opportunity" as amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60). The occurrence of any prohibited discrimination will constitute the Bidder's breach of contract due to a substantial failure by the Bidder to fulfill its obligations, whereupon the Page 15 of 17 IIIIIIIIIIIII IIIIIIIIIIIII IIIIIIIIIIIIIIII 111111 IIIIIIIIIII II iliiiii r, ; r, eg IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II'iurelha��iin Il�r<r tirwn7 rrd rhe..Ira9uac;�Viiaairo�..ir,i<e C:�.r7t..r,I�.. inri 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3 yea Reg Inn may terminate the Bidder's contract for cause as provided by section #22 of this General Terms and Conditions document entitled "Remedies for Non-Performance of Contract, and Contract Termination." 28. Venue This contract will be construed and governed according to the laws of the State of Texas. Both parties agree that venue for any litigation arising from this contract shall lie in Nueces County, Corpus Christi, Texas. 29. Waiver No claims or rights arising out of a breach of this contract can be discharged in whole or part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 30. Interpretation — Parol Evidence This contract is intended by the parties as a final expression of their agreement and a complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties and no usage of the trade shall be relevant to supplement or explain any terms used in this contract. Acceptance or acquiescence in a course of performance rendered under this contract shall not be relevant to determine the meaning of this contract even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Texas Business & Commerce Code is used in this contract, the definition contained in the Code shall be controlling. 31. Right to Assurance Whenever one Party to this contract in good faith has reason to question the other Party's intent to perform he may demand that the other Party give written assurance of his intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding Party may treat this failure as an anticipatory repudiation of the contract. 32. Extension /Non-Appropriations Clause This contract may be renewed for (1) one additional year if the Bidder and the Program mutually agree and no increases in costs are incurred. Non-appropriations for renewal of contract will also be in accordance with the Local Government Code 271.005 (b) concerning non-appropriation clauses for multi-year contracts. Each participating local government member reserves the right to rescind the contract at the end of the fiscal year if it is determined that funding is not available to extend the contract. 33. Proposal Acceptance The period for acceptance of this proposal will be sixty (60) calendar days unless a different period is indicated by the Bidder. Page 16 of 17 IIIIIIIIIIIII IIIIIIIIIIIII IIIIIIIIIIIIIIII 111111 IIIIIIIIIII II iliiiii r, ; r, eg IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II'iurelha��iin Il�r<r tirwn7 rrd rhe..Ira9uac;�Viiaairo�..ir,i<e C:�.r7t..r,I�.. inri 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3 yea Reg Inn Financing of the Program The cost of the Program is funded through a ten-percent (10%) vendor participation fee paid to the Program by participating vendors. This fee is based on actual invoiced sales to Members from vendors. 35. Invoicing Participation Fees The Program will invoice the Bidder on a monthly basis for the two-percent (2%) participation fee. The invoice will be based on total sales made through the Program. The Bidder will remit payment to the Program on a net thirty (30) day term. 36. Promotion of Contract: It is agreed that the Bidder will encourage all eligible Members to purchase from Program's awarded contracts and vendors. 37. Questions Regarding Bid Questions or requests for additional information concerning this bid or the specifications SHALL be in writing and addressed to: Goodbuy Purchasing Cooperative c/o Education Service Center, Region 2 209 N. Water Street, Room 2-022 Corpus Christi, TX 78401-2528 Telephone: 800-891-6403 or 361-561-8452 Email: Melanie.canedo@esc2.us or purchasing@esc2.us Page 17 of 17 se 00 � w 0 E AGENDA MEMORANDUM NCORPORP1E Public Hearing and First Reading for the City Council Meeting of December 19, 2017 1852 Second Reading for the City Council Meeting of January 9, 2018 DATE: December 6, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BiIIG@cctexas.com (361) 826-3276 Amending the Unified Development Code to revise the duration of the materials and workmanship warranty for all private and public infrastructure improvements CAPTION: Ordinance amending the Unified Development Code ("UDC") by Amending Article 8, Section 8.1, subsection 8.1.6.A entitled "Acceptance of Improvements" of the UDC by revising the duration of the materials and workmanship warranty for streets from one to two years from the date of final (100%) acceptance; and providing for severance, penalties, and publication. PURPOSE: The purpose of this item is to update the requirements of the Unified Development Code (UDC) to ensure that the developer and the developer's contractor will be responsible for defects in materials or workmanship. BACKGROUND FINDINGS: At the April 27, 2017 City Council Workshop on New Residential Street Construction, the City Council gave a motion of direction to revise the "duration of the materials and workmanship warranty for all private and public infrastructure improvements from one to two years from the date of final (100%) acceptance". The purpose of the materials and workmanship warranty is to ensure that the developer and the developer's contractor will be responsible for defects in materials or workmanship. The proposed UDC text amendments have been approved by the Planning Commission on May 17, 2017 and was again discussed at Planning Commission meeting on June 28, 2017 for additional public input. On August 23, 2017 Planning Commission passed a motion to retain 1-year warranty and evaluate an alternate consideration of 1 year warranty with a maintenance bond of 50% surety value of the public infrastructure contract price. On September 26, 2017, a presentation was given to the City Council with Staff recommendation to change the existing 1-year warranty for public and private infrastructure to 2 years. At the direction of City Council, Staff met with representatives of the Development Community on December 1, 2017 and agreed to revise the existing 1-year warranty for public and private infrastructure to 2 years for streets, curbs, gutters, and sidewalks and maintain a 1-year warranty for all other public and private improvements, unless otherwise specified by separate agreement. ALTERNATIVES: Denial or alteration of the proposed text amendments. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO POLICY: The proposed text amendments conform to City policy. EMERGENCY/NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends revising the existing 1-year warranty for public and private infrastructure to 2 years for streets, curbs, gutters, and sidewalks and maintain a 1-year warranty for all other public and private improvements, unless otherwise specified by separate agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation-Warranty Period Ordinance amending the Unified Development Code ("UDC") by Amending Article 8, Section 8.1, subsection 8.1.6.A entitled "Acceptance of Improvements" of the UDC by revising the duration of the materials and workmanship warranty for streets from one to two years from the date of final (100%) acceptance; and providing for severance, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its report and recommendation regarding this amendment of the Unified Development Code ("UDC"); WHEREAS, with proper notice to the public, public hearings were held on Wednesday's, May 17, 2017, June 28, 2017 and August 23, 2017, Planning Commission meetings, and on Tuesday's, September 26, 2017 and December 19, 2017, City Council meetings, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this amendment to the UDC would best serve the public's health, necessity, and convenience and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That UDC Section 8.1.6.A is amended by adding the following language that is underlined Vi c ) and deleting the language that is stricken (d4etc ) as delineated below: 8.1.6. Acceptance of Improvements A. During the course of installation and construction of the required public or private improvements, in addition to developer quality assurance, the City shall make periodic inspections of the work to insure that all improvements comply with City requirements. Upon satisfactory completion of installation and construction of all required improvements and submission of required quality assurance documentation, the developer may seek acceptance of all improvements by submitting the final plat in accordance with Subsection 8.1.11 for recordation. In addition, the developer shall provide an engineer's certificate of completion for the required improvements. Once documentation for all requirements necessary for final (100%) acceptance of infrastructure improvements have been submitted and approved, the Assistant City Manager of Development Services will issue written notification to the developer's designated representative. The notification will specify the effective dates of the required materials and workmanship warranty for the improvements. ,II,Ili .... . .!I".!I" .I! .:1.'....coves : . . .!I". ... J. u tcu�li 11 �. nlllic lillll l�oe f . �.gj t n fu,cc fu, a II II cfc t even ................................................................................p......p................................................................................ .......................... ........................ '......................................................................................................................................................................... 2. Hie construcLon W11 loe done in a workrnanlHke amanner and in ................................................................................................................................................................................................................................................................................................................................................................ u un c li tlln . g . c 2nd � �u� c n u� Ali c a c .ill tli n . li on .................. .............................................. ...............................................................IL..........................................................p...................................................................................... ......................... nnerclhnnintnnll'�:sllc u . . u c............ii.c. enc HIln t liin Hie tu� c liHllhout „ 0. ..it �.,�a��� ���.. �.. ��..II..�. ..it .� contractor wfl1 II. .. II JL o it Uil be for UIlh61, Intendedn . u n c and .. Hie uresgftln . go]§lr cLoIn WH1 loe lin corn nllli n c WHh Qlly Le. g.glli n he duraLon of Hie warrainly feu lu cc s curbs, , �:11 2c,S:, god §ldewaIksIln llll loe cu . unllc HIlnculic nclilic Il:s cnuc . uccunncin . The duration of the ....................................................................................................................................IL...................................................�'...............1L............................................ ...................................................... warranty a rn iinI will be one year unless otherwise specified .... Hh ..a iu ....nnp gove by separate agreement. The purpose of the materials and workmanship warranty is to ensure that the developer and the developer's contractor will be responsible for defects in materials or workmanship for all public and private infrastructure improvements required for platting and constructed as part of a development that become apparent within the effective dates specified by the Assistant City Manager of Development Services. Il:::1spgtes for rrain Ilnnlinn Iln llll loe urc ll ved o le Il::: iirec[o r of Il::: cycll nu can cu iii c ncun cell lion . u clic ll':s . u cu can frorn a dev6opgu, under an cane . cn Alit u229ir Hie QltH1 Loyy c pnlln . u nllnli ocuimcnlaL n t u. nn u� Il lir f defect lion a lcujli 11 and .............................. ..............l.2....................................................................................................................................ll.....p................................................................................................................................................................................................... ✓g[II .II,ng.I]. .Iln..l.11", SECTION 2. If for any reason any section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance shall be held to be invalid or unconstitutional by final judgment of a court of competent jurisdiction, such judgment shall not affect any other section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance be given full force and effect for its purpose. The City Council hereby declares that it would have passed this Ordinance, and each section, paragraph, subdivision, sentence, clause, phrase, word, or provision thereof, irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses, phrases, words, or provisions be declared invalid or unconstitutional. SECTION 3. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 4. 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. SECTION 5. This ordinance is effective immediately upon passage. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20177 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 , 20187 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 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Tom, t Unified Development Code Public and Private Improvements - Warranty Period City Council Presentation December 19, 2017 Background • April 27, 2017—At a City Council Workshop, a motion of Direction was given to revise the warranty for all private and public infrastructure improvements from one to two years from the date of final (100%) acceptance. • May 17, 2017—Planning Commission approved recommendation of 2 year warranty. • August 23, 2017— Planning Commission passed a motion to retain 1-year warranty and evaluate an alternate consideration of 1 year warranty with a maintenance bond of 50%surety value of the public infrastructure contract price. • September 26, 2017— Presentation to City Council for Staff recommendation to change the existing 1-year warranty for public and private infrastructure to 2 years. • December 1,2017—City Staff met with the Development Community and agreed to revise the existing 1-year warranty for public and private infrastructure to 2 years for streets, curbs,gutters, and sidewalks and maintain a 1-year warranty for all other public and private improvements, unless otherwise specified by separate agreement. " Other Municipal Public Infrastructure Policies City of Corpus Christi—1 year warranty(UDC Section 8.1.6.A) City of Arlington -2 year warranty City of Carrolton-2 year warranty with a Maintenance Bond of 100%surety of the public infrastructure contract price City of Fort Worth-2 year warranty City of Garland-2 year warranty City of Galveston-2 year warranty with a Maintenance Bond of 100%surety of the public infrastructure contract price City of Houston—Full infrastructure 1 year warranty with a Maintenance Bond of 100%surety of the public infrastructure contract price. An additional 1 year warranty for pavement surface. :u f Recommendations • Revise the existing 1-year warranty for public and private infrastructure to 2 years for streets, curbs, gutters, and sidewalks and maintain a 1-year warranty for all other public and private improvements, unless otherwise specified by separate agreement. �d 4yyUs Cgp, GO `4P yO� AGENDA MEMORANDUM 1852o Public Hearing and First Reading(tabled)for the City Council Meeting of December 12, 2017 First Reading for the City Council Meeting of December 19, 2017 Second Reading for the City Council Meeting of January 9, 2018 DATE: November 14, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BiIIG@cctexas.com (361) 826-3276 Rezoning Property located at 8154 and 8128 Leopard Street CAPTION: Case No. 0917-02 Ardoin Inc.: A change of zoning from the "CG-2/SP" General Commercial District with Special Permit to the "IL" Light Industrial District. The property is described as Suntide Industrial Park Block 2, Lot 1 and 2, located along the north side of Leopard Street, east of Tuloso Road, and west of Suntide Road. PURPOSE: This request is to use the property for the selling or leasing of storage space for materials, storage containers, and office trailers; the sale or rental of or maintenance and repair work on storage containers and office trailers. RECOMMENDATION: Planning Commission and Staff Recommendation (November 1, 2017): Approval of the change of zoning from the "CG-2/SP" General Commercial District with Special Permit to the "IL" Light Industrial District Vote Results: For: 4 Against: 1 Absent: 3 Abstained: 0 BACKGROUND AND FINDINGS: "CG-2/SP" General Commercial District with Special Permit to the "IL" Light Industrial District to allow for the selling or leasing of storage space for materials, storage containers, and office trailers; the sale or rental of or maintenance and repair work on storage containers and office trailers. The proposed rezoning to the "IL" Light Industrial District is compatible with the Future Land Use Map and Plan CC, however is inconsistent with the Port/Airport/Violet Area Development Plan regarding the intensity of use abutting a neighborhood. The proposed rezoning is also not compatible with neighboring residential use to the north of the subject property and would be mitigated with protections from the Unified Development Code. ALTERNATIVES: 1. Approve with conditions. 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries the Port/Airport/Violet Area Development Plan and is planned for light industrial uses. The proposed rezoning is compatible with the Future Land Use Map and Plan CC, however is inconsistent with the Port/Airport/Violet Area Development Plan regarding the intensity of use abutting a neighborhood. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (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 Ardoin Inc. ("Owner"), by changing the UDC Zoning Map in reference to Suntide Industrial Park, Block 2, Lots 1 and 2, from the "CG-2/SP" General Commercial District with Special Permit to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Ardoin Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, November 1, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "CG- 2/SP" General Commercial District with Special Permit to the "IL" Light Industrial District, and on Tuesday, December 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 Ardoin Inc. ("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 Suntide Industrial Park, Block 2, Lots 1 and 2, located along the north side of Leopard Street, east of Tuloso Road, and west of Suntide Road (the "Property"), from "CG-2/SP" General Commercial District with Special Permit to the "IL" Light Industrial District (Zoning Map No. 056047), 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\Legistar\2017 CC Agenda Items\12-12-2017\Zoning\0917-02 Ardoin Inc\Ordinance_0917-02_Ardoin I nc..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 , 20177 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 , 20187 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 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 7 M ~ N M C h N 00 h ti � M ti [— W M M � Y M e ti O ry N ti ti ti ti W M M _ _ Y V M M R 20 6 N_4 a 37'12 38 13 39 6 22 29-42 � 21 32 F BARROGATE DR— O N a 25 ®19 36 11 16 26 31 5 17 3 14 7 24 N M a h w N oo a a 27 8 _ N 15 SUBJECT 41 �PRO,PER;TY j/ CG - 2 GAG%2 28 30 IL 23 a " `®FOp'4ROr S.r 34 I L M 35 40 U ON p 1 "+ J _9 N CG - 2 18 X10 STILLWELL!LN 2-33 IL c V) ¢ m v z 0 abate Created:8/18/2017 0 400 800 Z Prepared By.?JeremyM ~ Feet N Department of Development Services CASE: 0917-02 7 ZONING & NOTICE AREA "rF ' `RSTgT\, vl RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family RM-AT Multifamily AT RS-6 Single-Family 6 ��a CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 qRo � l, ,SUBJECT CN-2 Neighborhood Commercial RS-TF Two-Family `PROPERTY CR-1 Resort Commercial RS-15 Single-Family 15 z hj"�m CR-2 Resort Commercial RE Residential Esfafe a --�--- ----- CG-1 General Commercial RS-TH Townhouse z CG-2 General Commercialo i ' Cl Intensive Commercial SP Special Perm if g H RV Recreational Vehicle Park CBD Downtown Commercial Z RMH Manufactured Home CR-3 Resort Commercial \ 3 FR Farm Rural \ o _ ...........__..............................---- H Historic Overlay '=� � W BP Business Park r ® s' v City of Subject Property O Owners with 200'buffer in favor \ 4 Owners within 200'listed on v Owners LOCATION MAP Corpus attached ownership table X in opposition C�1r1St1 __ ........ _. .....__.. AGNES��� Exhibit A r . i Zoning Case #0917-02 Ardoin Inc. From: "'CG-2/SP"" General Commercial District with Special Permit To: "IL" Light Industrial District City Council Presentation December 12, 2017 Aerial Overview N y r� Vicinity Map f S�UWI(IC RD � p EI.I.'p -..._ AGN 1, 5I / 1 Subject Property at 8254 and 8128 Leopard Street N It i 0 :u Zoning Pattern t, J � 9y�< +ie LN s UDC Requirements Z x y? x Buffer Yards: 112' to "RS-6": BAR�o aTE R Type C: 10'/15 pts. Current under SP: 50' for any storage greater than 6'and a solid 6' fence Setbacks: SP 1� Street: 20' Side and Rear abutting RS: 40' 7 5TILLWELLN f Staff Recommendation Approval of the "IL" Light Industrial District PLANNING COMMISSION FINAL REPORT Case No. 0917-02 INFOR No. 17ZN1026 Planning Commission Hearing Date: November 1 , 2017 C Owner: Ardoin Inc. Applicant/Representative: Jacob Glaze Location Address: 8154 Leopard Street and 8128 Leopard Street 5.06 o6 m Legal Description: Suntide Industrial Park, Block 2, Lots 1 and 2, located along ❑ the north side of Leopard Street, east of Tuloso Road, and west of Suntide Road From: "CG-2/SP" General Commercial District with Special Permit }, To: "IL" Light Industrial District c Area: 7.89 acres 'E o Purpose of Request: This request is to use the property for the selling or Cr N leasing of storage space for materials, storage containers, and office trailers; the sale or rental of or maintenance and repair work on storage containers and office trailers. Existing Zoning District Existing Land Future Land Use "CG-2/SP" General Site Commercial District With A Vacant Light Industrial Special Permit North "RS-6" Single-Family 6 Low Density Medium Density _ cn District Residential Residential "CG-2" General Commercial Vacant Light Industrial N South _ District Commercial Commercial J n East "IL" Light Industrial District Light Industrial Light Industrial W "CG-2" General Commercial WestDistrict Public/Semi- Light Industrial "ON" Neighborhood Office Public District Area Development Plan: The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan and is planned for light 6 = industrial uses. The proposed rezoning to the "IL" Light Industrial District is ca o consistent with the adopted Future Land Use Map, however has some inconsistencies with the Port/Airport/Violet ADP. a o Map No.: 056047 Q Zoning Violations: V082646 on May 5, 2017. Zoning violation setbacks: All buildings and outside storage with a height of more than six (6) feet must be setback at a minimum of 50 feet from northern property line. Staff Report Page 2 _ 0 Transportation and Circulation: The subject property has approximately 565 L 0 feet of street frontage along Leopard Street and 200 feet on Tuloso Road 0. y which are both designated as "A2" Secondary Arterial streets. ca L Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume Type Leopard "A2" Secondary 100' ROW 160' ROW No Data Street Arterial Divided 54' paved 100' paved Available m Tuloso Road cis "A2" Secondary 100' ROW 82 ROW No Data Arterial Divided 54' paved 25-80 paved Available Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CG-2/SP" General Commercial District with Special Permit to the "IL" Light Industrial District to allow for the selling or leasing of storage space for materials, storage containers, and office trailers; the sale or rental of; or maintenance and repair work on storage containers and office trailers. Development Plan: The subject property is comprised of 7.89 acres and is proposed to be leased for the storage, sale, and maintenance of storage containers. The containers are proposed to be stacked three high. Existing Land Uses & Zoning: "CG-2/SP" General Commercial District with Special Permit. The north is the Douglas Subdivision, zoned "RS-6" Neighborhood Residential District with low density residential use. The east is "IL" Light Industrial District with light industrial use. To the south is "CG-2" General Commercial District with a mix of commercial, industrial, and vacant uses. The west is zoned"CG-2" General Commercial District and "ON" Neighborhood Office District with public/semi-public 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. PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan (ADP). The proposed rezoning to the "IL" Light Industrial District is compatible with the Future Land Use Map and Plan CC, however has some inconsistencies with the Port/Airport/Violet Area Development Plan. The following policies of the Port/Airport/Violet ADP and PlanCC are applicable to this case: Staff Report Page 3 • Noise impacts from non-residential uses should be reduced by creating a buffer of open spaces between the two areas. Such spaces may be landscaped areas, a street, a screening fence, larger setbacks etc. (Port/Airport/Violet ADP, Policy Statement 82.8.). • Place low intensity activities next to single family uses (Port/Airport/VioletADP, Policy Statement 82.C.). • The City has obligations to many stakeholders to manage development in an orderly fashion for the benefit of the community as a whole and for the environment. However, the City understands an obligation, in compliance with applicable law or regulation, to support private property rights. (Plan CC, Principles, Page 15). • Corpus Christi sustains and maintains established neighborhoods. (PIanCC, Element 3, Goal 7). • Corpus Christi is able to attract and retain firms because of its competitive assets and supportive business environment. (PIanCC, Element 4, Goal 2). • 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. (PIanCC, Element 7, Goal 1, Strategy 5). • Support the separation of high-volume traffic from residential areas or other noise-sensitive land uses. (PIanCC, Element 7, Goal 3). Department Comments: • The proposed rezoning is compatible with the Future Land Use Map and Plan CC, however has some inconsistencies with the Port/Airport/Violet Area Development Plan. • The rezoning is not transitional to a lesser intensity to the residential use on the northern boundary of the subject property, however a 15 foot buffer is required for redevelopment and a 20 foot buffer for new development along the northern portion of the property abutting the residences, per the UDC. • A site visit found this use disruptive to the neighborhood due to the amount of dust generated to the neighborhood. For building permit to be issued, the applicant will need to work with staff to develop a yard solution to provide dust control. • The city noise ordinance will provide protection to the neighborhood. It specifies allowable decibels for determined work hours. • The original special permit specifically describes the use for oil field related equipment. • There is not a certificate of occupancy for the current use. The applicant will apply for certificate of occupancy. Planning Commission and Staff Recommendation (November 1, 2017): Approval of the change of zoning from the "CG-2/SP" General Commercial District with a Special Permit to the "IL" Light Industrial District. Vote Results: For: 4 Opposed: 1 Absent: 3 Abstained: 0 Staff Report Page 4 Number of Notices Mailed — 42 within 200-foot notification area = 1 outside notification area 0 As of November 14, 2017: a= In Favor — 7 inside notification area o — 0 outside notification area z In Opposition — 2 inside notification area CL — 0 outside notification area Totaling 1.11% 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\0917-02 Ardoin Inc(Mobile Mini)\Council Documents=Report_0917-02_Ardoin Inc..docx 7 M ~ N M C h N h ti � M ti [— W M M � Y M e ti O ry N ti ti ti ti W M M _ _6 N_ Y V M M R 20 4 a 37'12 38 13 39 6=22 29-42 � 21 32 F BARROGATE DR— ON - 25 ®49 36 11 16 26 31 5 17 3 14 7 24 N M a h w N oo a a 27 8 15 SUBJECT 41 c G 2 �PROPER;TY j/ CG - 2 GAG%2 28 30 IL 23 a " `®F0 p'4ROr S.r 34 /L M 35 40 U ON p 1 "+ J _9 N 18 CG - 2 X10 STIL,MELL!LN 2-33 IL c V) ¢ m v z 0 abate Created:8/18/2017 0 400 800 Z Prepared By!jeremyM ~ Feet N Department of Development Services CASE: 0917-02 7 ZONING & NOTICE AREA "rF ' `RSTgT\, vl RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family 6 CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 qRo � 1,Ate—SUBJECT CN-2 Neighborhood Commercial RS-TF Two-Family `PROPERTY CR-1 Resort Commercial RS-15 Single-Family 15 z CR-2 Resort Commercial RE Residential Estate a --�--- -`--- CG-1 General Commercial RS-TH Townhouse z CG-2 General Commercialo i ' Cl Intensive Commercial SP Special Permit g H RV Recreational Vehicle Park CBD Downtown Commercial Z RMH Manufactured Home CR-3 Resort Commercial \ 3 FR Farm Rural \ .............................. H Historic Overlay N � BP Business Parkcc r W E Z � ® s' v City of Subject Property O Owners with 200'buffer in favor \ 4 Owners within 200'listed onv Owners LOCATION MAP Corpus attached ownership table X in opposition Christi e z , LEGEND TAWAKONI STREET f? / rvE,SEA n Nrv� � �Eo�E M .a, „EE„1 z an � a INII_1—1E1.11 LOT 1 nrervbreErvno 'AREA 213108 30, FT P—ECT DESCRIP— (4 89 ACRES) RES) _FTLEIrl wa. : 11111- LINI �rv1E „a ter:_—�•-_--'�—`__y—.) � ,,, >�„e. Q = LOT 2 O AREA= 130680 SO, FT SITE DATA a ,r v�00 ACRES),(3. ; BPePUkEE e,�EDEO �Pllllo E _ `AREA E crvaR)e°sA RsxS°oF w,lEa� a O a a. E sax EE.e PROJECT TEAM OWNER/DEVELOPER CIVIL ENGINEER/AP P LI CAN - P �� .&III s� re .su1E.EE „Ery Al,1,0,lEATE,16 N1 no FE aEa rv(ass)a.�.� roa Eaisnrvc wnry�r vC(rh;:i Eah�.)cas cul ru.h�.l yea s.ae Twc uLE rvc a4 ( En e III 1111EIT 0° R x Kimley»)Horn isi„ SITE RE-ZONING o�o� �MaE ARED FOR -1 MOBILE MINIPCORPUS CHRISTI �''1”. PRELIMINARY SITE PLAN 1 OF 2 Plary - �o J r��» �n��iii r� 1lfylfl 11�r14r,`dI a rs PIC'U,I r 11 Il��luu '� 'Ylrj�PEf ° 'y^u II uuuuuuuuuuuuu � amioiamii�aGgia i r Christi I r an r//� F III iimraiiioa 11N «illYlll�/�GI/I/JI�//l/I//OOGIIf�mmin»iiiiiaii�iii�le�ir Development Services,,, t. P.O. Box277 i42J 8�4Lww1,mmr1� $ 000.46 00 4 6 � Corpus Christi,Texas � �g � � �l wi�l��lm��u�o(�Iu�ie°uiui'IP,Gmm (GQ 01i,.f 3408 fl l SrE.P 22 21.b lass � 28 862100010050 SOLID 102 AIRPORT RD CORPUS TI,TX 784X D6 rn 77- LU ...................... .. I ® �, t ,r ..... .... _.. , 2 i 0 .. RS-6 .,., ... m. Im...... ... ..„ BARRO"A k -T- 0 . W, 0 p �' � " , * „ r ��1/ " r ... „ � SUB ECT JC / ;�, �., Ix x ° 1"/' 1 w r ON ce "" ✓ r.s' r C.SCI 2, ,.,, ST-REWELIMINIL b' � Waft t LP �v.. ....... .��.'� r�ma � 84�a4�nreamrek� Ru CASE: 0917-02 SUBJECT PROPERTY WITH ZONING :3 biacP pwaperty GRER•% umftff,B n I$. OMs Ilwmvy 2 IN UM&.V R cenlml �, -,SUBJECT IRRB 9 Im glParopWa 3 PUP 6"9m4momd&Bma D".Owo MO ON Wm mGanrRmW W.S.1swob.Fm 14,r0P ®RE Yk' Aa wAtwaffiftAT u34 8Iaa044RmtI1VO CH-1 -&_B N'dF—low ,,,.,-�„..... ., Cda-a 09mlp�bmxWmm�� mtarce�0 Ims"w •Wmem M I CW Wdmmw?C..mmWRbb GRb.AE Rap -aamaaE pFr �..,.,u V ^m Ca-g Rtarnmm saa¢ar4mcrRmR RIE Uhm0c8m01441F&W. : I C04 4o-.Waq cmm mmvmpao 08. PGb CG-, kbmmeW�Cmmau+ emGm4 m� c8W01Pmrgma .M WtRmvudlum lCGIYPMA�mYmlwi RV awmm R1kh P.m rJ �•^ .. „a ®.......®.., can CdO4b4tlom�%t9 Cb 1reon'4ik0. UC�AW UmA6449RmP.n4oWTm 4E[mTPm i SCR 3 amwm dc...m.IWN hqms L4_,. � � Chhri Ira Fr.NOW � 1 H GYIm¢eW1 UVROWY City of 0��`r�®N �� ^.'.56. Persons with disabilities tannin to attend this seting, who a require special services, are requested to contact the eve Services Department at least 48 hours in advance at (3 1) 826-3240. Personas con incapacj des, u due tienen la interni n a asi kir a sake juntay quo reouieren servicios espe °ales, se les sudica clue den avid 48q eras antes de la junta Ila ane all departarnenko de se icier cle desarrcallcs, l n6mero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (3 1) ®3240 at least 48 hours in advance to request an interpreter he present during the meeting. Si usted desse iricirse a la c fission crank l junksy su jncls es li i#a favor e Ilamar al degartamento de servicios de desarrollo al nOmero (3611826-3240 al menos 48 horas antes de la junta para solicitar un jntr rete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-02 iInc. has petitioned the Cityof Corpus Christi to consider a change of zoningr m " General Commercial i ict with S ecial Permit to the Lighti i i i propertya change to the Future Land Use Map.The to be rezonedis described as: Suntide Industrial , located along the north side of Leopard Street, east of Tuloso Road, and west of Suntide Road. The Planning issio y recommend to CityCouncil approval or denial, or approval of an intermediate zoning classification and/or cia Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amendinga r siv Ian to reflect the approved zoning. The Planning o ission will conduct a publichearing fort is rezoning request to discuss and formulate a recommendation to the CityCouncil.The public hearing will be held on Wednesday,October 4,2017, during one of the PlanningCommission's regular meetings, which begins at in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoningst. For more information, les call ( . ..... . .. .... ...... a..T. i FO T E IL E OIJTs...I-IV Y TH ... ..E,,. ..P.,... 'OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0, BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. 469®9277. A INFORMATION PROVI L BECOMES PUBLIC RECORD, NOTE: In accordancei la iCommission By-Laws, no discussionshall be heldmember or members o this Commission withan i an r appellant concerning an applic i r appeal,either at home or office,or In rs , y telephone call or by letter. Printed ea C-9 Address: QJityl : .,tj cv�IN FAVOR IN OPPOSITION PhoneL3�1 �—q 1�1 3-L nature SEE MAP ON REVERSE SIDE Case No.0917®0 INFOR Case o.: 17ZN1026 Project Manager: Laura Sheldon Property Owner IIS,28 Email:LauraS2@cctexas.com , a Itn lur✓///�p��l,�iil; f � ry u Y am r v w rrrrrrrrrrrrrrrrrrrrrrrrr City of r Christi �N��rr�rl�1�11,1»�1�1�1�1�1ma I Il a iii , r11 H�rl„I�,1�1�111,1�1�1�1�1m, 1�111�1�1�1�1�1�1�1�111» 1° Vr��,y »ll, u�/ p i mo»�i//�r!;r� eia�nuluuu^nrmnw»uorrur»,auaomMN Development Services I� B' � ���Il����L��r ip ! �m���d �auua00000000000¢a 2zem2m�llu eceiv /� ��9 77 'Received rl m wll ° °U�i� Atari frrrJr 2 0)� ��0 46 P.O. a r / � r Corpus Christi °texas 46arM1,�,�»oM1�p �u��pa�illlF 441N � o,. Christi, 9 NOV' � 0 20 �mo�i'➢,"u o�� 11,a »doo N,APlrr�w d/Jfz'Ua 41(>R 20 20 e7Je�v rrs at 9 794600240060 m GULF-HUDSON/PATSY A BROOK SaVices JOINT VENTURE PO Box 151 Corpus Christ],TX 78403 m . " ".m 0 s �I .... _.. BAROLA W DR ON -1a I � r w� ' s" '�.m'"✓ r"✓ ✓ a, / a a r w f a SUB`ECT IL �e b Nr ( r �,. I CG-2 a � STMLWELlftN^M m„............... ...... N� U .......................................... rry eoeron:=Pmrerera J �7.7mAa C.9am B omen�p�JV>I�4Prg11e pvx'ereme.9awcr.IDt., 917-02 SUBJECT v CASE:PROPERTY TP MWITH ZONING ........ :a WrW w ' «w Al'$ IWhuGpI�P'dVImmIINro N �PM1P I Iudnuau ll4N ••••••••• Al G IMWFIIp111nmgut p N� ILU Y D uM1D nrvm:mvlrN fust 111 '*w,��I 1,I , 'P' SUBJECT ,Am lm tlAgmpulna 2y 4 mur¢n MINN... NN il$xircV�.rog G ���CBP� RAIW ImPwn+U IaymWl fFYIU illy RUA.m�'ll`OUNUIW mull AT %� --.... NN IN tyro m.rvm aw W t B ^» d ��M kiln n P m M n pam aryl pkWrlucreYF2 P” h.�u. 55.Q11: rM2 nMMUNllhbovlllmmid it weirmllmul 93 NII r NNµmlmmlllp ^ rt PND Im¢wrorW lCmummmmwmOmN PID: n Map. &idly ril d�rvri re VNmmrann�Canwm m¢roldnll I 55i pltwam:aumroarlluu„IWP,M1umu" 'u'w• ICN' n »� N C Immmnrollwg Ifri no91ld IIIXMMruoPlmmum'.ry M "" RY •'u M1 u d r IwN nal4Doq' b�� CF I C II YryoMP CA nr lm N9 N9 II (".}IN�YMM1W tlY,.;M1ll m aw uM VW1.11 pa 1411111tillifia OTiflay, ,,,,, ,,,,,,,,w Persons with disabilities planning to attend this meeting who may require special services, are requested to con......... ..... tactt the Development Services Department at least 43 hours in advance at(361)826-3240. Personas con incapacida esg ue tienen_l _intencidn de asistir_a seta juntay due re uieren servlcios especiales, se les suplica gue den aviso 48 horas antes de la lunta Ilarnan c al deDartamento de servicios de desarrollo,al n6mero(3611826- 240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 6-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si_ustd_ sea diriirse a la cc mission durante la junta y su inls es Iirnitac, favor a Ilarnar al depart mento de serviclos de_.esarrollo al n6mero(361)826®3240 al ends 48 horns antes de la iunta para olipitar y n interprete ser presente durante la junta. .. -------- CITY PLANNING COMMISSION PUBLIC ► Rezoning Case No. 0917-02 Ardoin Inca has petitioned the City of Corpus Christi to consider a change of zoning from the " / " General Commercial District with of r it to the j"IL ILight Industrial District$ not resulting i AShanqe to the FutureLand e property to be rezoned is described as: until e Industrial Park Block 2, Lot 1 and 2, located along h north sidef Leopard Street, east of Tul so Road, and west of Suntide The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with theCity's Comprehensive Plan, will also have the effect of amending the Comprehensive Flan to reflect the approve zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Councils The public hearing will be held on WedaEj4gy,±[2y2E2t2Lj,2017, during one of the Planning Commission's regular meetings, which begins at a Iia , in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call ( 1826-3240. TO BE ON CCRC,THIS FORM MUST 6E FILLED OUT, SIGNED BY THE CURRENT PROPER OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P, 0 OX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. 8 69®9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD, N&L. In accordance with the Planning Commission By-Laws,no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning ars application or appeal,either at home or office,or In person, y telephone call or by letter. Printed Name. W- Address- City/State: CC 'Te-WrS '70403 (/) IN FAVOR ( ) IN OPPOSITIONPhone: AAA-sr- 6VL-f "Sao dvlakl6s 1:M jSJg )ture6_AgAjf_rrue t S SEE MAP ON REVERSE SIDE Case No,0917-02 INFCR Case No.; 17ZN102 Project .Hager, Lasers Sheldon Property Owner 110:'9 Ernait:LauraS2 cctexas.co K .d *"a Illi"I�' �IIIc xH'd "i�l IPr City of Corpus Christi "aud^"Ipdi"I"°" r, °`INNNI"dY a k"m�i " i�rroGlllCr"��01111111011U�Y)UU.^Yrani»a,iu�ykM�mnile. Development Services Dept. 2 " .`Dipf u� Corpus Christi,Texas 70469 oL2 ro"em�eunumomufu m)»,3,1+rU0m»uw0u "44 5 22 2�,) Dewe 794600320010 ULF HUDSON HOLDINGS LTD 151 CORPUS CHRISTI,TX 78403 EM Novo"MR w ...� wm ' M W ih �. ............. , 71-- utX �41 a „ p i w Z pq I uuum i;. tl* ,,reg xn o� p A u s w � mw w 4r m wm w .................. � X ,, r a r " fNd� C m, BARROGATE DR I IL w CG-2 IL �.. C. SSean a CASE® 0997-02 SUBJECT PROPERTY WITH ZONING Pdxspror8yr 9tAk-4 t0.wfJg% W. bltp'ka��sowseaWP ""w,y ^„� Rea a NwNOPNmoup p 0Wwvp u tt0sssaebNl ma„ gUBJECT Ruga oiwa0Ca9Ywao003 @Htm uRwvoWamaawwuLrw.uAaw T PROPS TY Ow fta*0069 w RS-10 Ndro�w..�wmltlg tl0 CM-1 Na0�aWiwotlaamWwwa�ad�w a ¢u-x UwaOCgrarrma N54Fs®wd ¢N=a NwW�4�0ara Q0B RV fihregAppa.4g0a-N'fi0 CR-P OW—tc xWeWmN M RE Nh..w.,amti IF.." � G da 9 G.¢rrtraD Cwmmcx M UMM'IM—b-aw Crt°m8 0'.—E C——.p 0y,• :U yg4wf W®adea0 a�a` C8 W".Nea rwewareaie RV O$NICflL. aNWWNgOw wwam 4'PNn 06vlwPoamta CpmelNNmLNN9 NkN 40 CR_4 ueas®ra C�NmdwwocOwa a'M u 'M Pam MNa®o IIaNHwg ft0-1.p I 0 C°"iw 4} MwN.wwww® L®�d1T7f7 AP Qu�'6�BC-h'rPk.5t ' 1' x Persons with disabilities lint .. ...� attend this ti , who y re �sec`i fa services, are requested o contact the Development Services Department t least 4 hours in advance (� °Z 26-3240. Personas con icacies, eii ; I „i,nt nci n�de a stira, ste,�unt „ro nue re i r n sere jos a ecial s „les„ clic u e yis 4 ftorgrAnts de[a'urrta Ilamarrdoml d ,aa� en o de servicia de s ,r Ito, l nu m,ero3 ,1 2 3240. If you wish to address the Commission during the meeting and yo E=nglish is limited, please call the Development ServicesDepartment at(3 1) -324 at least 4 hours i advance t ,request an Interpreter be present during the meeting. Si usted desea dirigirse a la co ,,`"sucommission incIl6s es li ita o, favor de Ilamar al I degartament de servicios de desarrollo at n6mero(3 1)826-3240 at menos 48 horas antes jeja junta para solicitar 1 un interarete ser_presente_durante_la junta. RezoningCITY PLANNING COMMISSION PUBLIC HEARING NOTICE Ardoin lnc,.has petitionedthe Cityof CorpusChrist!to consider a change of zoningfrom the"CG-2/SP" General Commercial i tri t with Speciali o the "IL" Light IndustrialDistrict, not resulting,j a change to the Future Land Use M .The propertyto be rezoned is described as: Suntide Industrial , Lot 1 and 2, located along the north sideStreet, east of Tuloso , and west of Suntide . The Planning a ission may recommend to CityCouncil approval e j I,or approval of an intermediate zoning l ssifi tionand/or Special Permit. Approval of a change f zoning, if inconsistent i it 's Comprehensive Ian, will also have the effect of amending the ComprehensiveI to reflect the approved zoning. The Planning ission will conduct a public hearing fort is rezoning request to discuss and formulate recommendation to the City Council.The publichearing ill be held on Wednesday,Octo during one of the PlanningCommission's regular meetings, which begins ,, in the CityCouncil Chambers, 1201 Leopard Street. You are invited en this public hearing to express your views on this rezoning request. For more information, pC ase call ( 1)826-3240. T ON ..,.CO.. .%THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT ,.P.. OPERTY... ...._,..0,.... OAND. ._.,.. AILED ... .... IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES EPA T T, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 7 - 77. ANY INFORMATION OVIDED BELOW BECOMES PUBLIC RECORD. . -In acco-rd, c i t e tannina I i - , no I slo s II a het a r r e rs of- this Commission withapplicant or appellant concerning an application r appeal,either at home or office,or In rson, telephoneby call or by letter. - - Printed Address: °�� f` J�( L � City/State t 04'IN FAVOR ( ) IN OPPOSITION Phone:5/e 33 SEE i n r A VE SIDE Case No,0917-0 INFOR Case o.:17 1026 ProjectManager:Laura Sheldon Property Owner ID:35 EmaiL LauraS2@cctexas.com Itof CorpusChristi o,�' dU`qI»y(,��;���"II''��o'"~e•a'ou�lbu�"jI�lIpII�I If a qHif G��M��i11+,v C,i lr b 4 o11 ulim/�NwrIelopmentServices Dept.,, OCT 10, � 017 ),2 a w lP.O.Box 9277 � �d � � rP4rmro�lUnNw�nwP6�rnrmrl aaiiarO.aar�a/rIa��anmIa.�»waaOaa(�I�O�aaJ11"k�jNJ�U�ikm�rN,r�imf�lN��l"iu�pD�rmiu wmx�IwImj" �uwmuwmmw�m�;wmxum��mimmmtmCxm�m�wmrmrcmmmm3uxw' r,a��tin6 Corpus Christi,Texas 70499 "0 40 862100010020 SOLID ROCK COMMERCIAL 102 AIRPORT CORPUSII,TX 784 Vier,) LUU . . ..� _. 2 A d O 29 S-6 j �� .... ..�� BARROGA7E DR ,..m...... ,... ,,,,.... I 1 . X SPR®P4T u I i R " f e k " 10 11 J, ... 6 _. m2 mm WELILIMN IL � .v nr CASE: 0917-02 SUBJECT PROPERTY WITH tlJ Propel RM I Meaaemdvmary s OL 4sin�a�ea�aw PU2 84 Heavy w"DI-11 m' wmL9JSCT RU-3 tM-1 em .M� .�nmd ���:gi�.e�y ti PRoPE TY ptwdi a wai AT R94F T c �.s� � caf,a ��� b�®t ��etea��� � F on m wm.���m�mmrcs�aw, CRa 6469"C®MwaMUN R3-j"Tueenhaaw Cameeve ®.. C®0 CR3 R0.61e���mf—MA11 1K 51 FR Pam auuaa1 u, r H 49 umse 0-fl r Clicay 0f m m.0...P. [ CUTI N A9�iP Chrlit Persons with disabilities planning , t„,atter t his meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (3 1) -3240. Personas con incapacidades, aue tienen la intenci6n de asistir a esta junta y aue recuieren servicios espeeiales, se les suplica aue den aviso 48 oras antes de la junta Ila a 1 departamento de serviciosa desarrollo, al nu r (3 1)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance t request an interpreter be present during the meeting. i usted desea dirigirse_a_ la commission durante la i to y su ingl6s es li ita o, favor de Ilamar al e arta ento de servicios de desarrollo,,al n6mero (3 1)826-3240 al menos 48 horas antes de la junta parasolicitar un._int'rpr to ser presente durante la iunt . CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-02 Ardoin Inc. has petitioned the City of Corpus Christi to consider change of zoning r " - " General Commercial District i Permit to the "I "_Light Industrial i a change to the Future Land Use Ma The property to be rezoned is described as: Suntide Industrial i , east of7uloso Road, and west of Suntide . The Planning a issi recommend to CityCouncil approval or denial, or approval of an intermediate zoning classification n l ci I Permit. Approval of a change of zoning, if inconsistent i i 's Comprehensive I n, will also havethe effectr siv lan to reflect the approved zoning. The Planning is i ill conduct a public hearing for this rezoning u st to discuss and formulate recommendation iCouncil.The public hearing will be held on Wednesclav October 4 2017, during one of the PlanningCommission's regular ti s, which begins ., in the City Council Chambers, 1201 Leopardt. You areinvited this public hearingexpress your views on this rezoning request. For more information, please call ) . TO BE ON RECORD,., T I .F, IW UST FILL T® i .. . .. _ . .CU... .......T ...... .............. ( )A_. AIL..ED .._.. IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES A T T, P. 0, BOX 9277, CORPUS CHRISTI, T S 78469- 9277. ANY INFORMATION VIDED BELOW BECOMES PUBLIC RECORD, cc r i By-Laws--,,ro discussionshall I r or members of this Commissioni lice r appellant concerning an applicationr appeal,either at home or office, r In rs , by telephone call or by letter. Printed Name:l&l —'C-JJ 1, Ll f0l I Address: Y City/State: �' �, {�) ilV FAVOR ( ) IN OPPOSITION I�hone q i nature SEE MAP ON REVERSE ! Case No.09 17-02 IN FOR Case .: 17ZN 1026 ProjectManager: Laura Sheldon Property r I ail: Laura ccteas.co �I� VIII�rD11� WiAllw�l�er �w frF , I!'f/I /J10 lllar„Y y» u I hllu I v II /rr a//%'o Illllllummmu���� IIUUluuumuuuuuuullulluuullllu,. Cot a I lI!ipl IIII n Jl w,”ul /0 IIII! u,UUO�IIIIIIIIIIIIU1ercm011mIIIINIIIIIIWww City9.8 $paa Pi themlu IIII eJ a III,Ill �rrrnbYYr'AAM111111011l190 A II In 4 „ r Ii u+pIp�lnN umymm AE�ORMIm�oaoo11r Development Services Dept. I� P.O. ox 9271 �) )11310.46' e'l ii, .° I(,'j0YIr06 Y SE11D . 208CorpusChristi,Texas 7 4 9" 7 862100010040 14 OLID ROCK COMMERCIAL PRO 2 AIRPORT ORPUS TI,TX 784P'4" 1 � n 1 ... d n m Z Wty 0 i Vry 1 ix,iii c ® w LU r RS c............ i �' LU ++ BARROGATE DR IXri yy W µ. II uv ANN r R / , o1XImo" n ✓ ' �" Cha ' V W O � ti .w .e M" ELLNL ... ....... ,.... u 0917-02 SUBJECT PROPERTY WITH ZONING Pam RM-8 U�ng..fip 5 L LVM InIMIw,�,e " RlaB.2 W-Agam"I w URI F trwli � "µwe, 'SUBJECT RU-3 tsF�wr i �o �a®saa�� C M—d u.ff ft.,a.." P# PE.TY 1 WI WOUnift AT ft.. ik Il�� � „"• CR tl Fd6 -mla9 .� 6e,&�.2y 9,I CNS R'3-1F T—F&I 'h5 1 "" w CR-E Ra��*6Cet�ea�wLt�! AS is S&I is R ha®alfl ..... E F-sW*'dLWE0I '14 CAI 6�re�e�l Cmps�elv+ar�4t f F�-YH "wnh.IPO C9 IAu�re�l��t®wi�raee6�! uuF 2, COII:d .a ne st®en�aarelsF R IIII—ft rt-a4hllers:r�wrk Ri9xotaufs r4tm'�t9 49 1-0 CA FI m'm81s11 FN FaMRurall 6YIw'g S'Iffi'S��S g,py pe °�gp��gi .w ..wc...: w�dp�Vu''N.oWii 88 � �6 Bm 6��e98�.681 P 8� Lj ............... Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at(361) 826-3240. Personas con ince acida es. qqLjignen Ia intenci6n de asisfir a este iuntay Due repuieren se icios especialess se les suplica oueden aviso 48 horas antes de la,juntaIlamando al degarta ento de servicios de desarrollo,_al n6meroL361) 826-3240. If you is to address the Commission during the meeting and your English is limited, please call the Development Services Department at (3 61) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si use deseadiriair�ea la commission durante la junta y su ingl6s es limitado, favor de Ilamar al departa mento de servicios de desarrollo all n6mero {3 1) 826-3240 a1 menol 48 horas antes de la junta para oficitar un i ntdr o r e t e ser Dresen t e d u r a me e la iunta ........... CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-02 Ardoin Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "CG-21SP" General Commercial District with S eciall Permit to tea` " i it it, not resulti a chancie to the Future Land Use Mgp.The property to be rezoned is described as: Suntide Industrial Park Block 2, Lot I and 2, located along the north side of Leopard Street, east of Tulloso Road, and west of Sunfide Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council.The public hearing will be held on Wednesday, October 4,2017,during one of the Planning Commission's regular meetings, is begins at 56_30 m. in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240 TO b it d "kitt ',-T-H I S-'i"OR"RMM'U"S...TB" E,-Fill',E",D-0 U-t SMV -b-B Y,T"H,E-60-1"RE,....N"T',0-R-,0,....P-E-ktY,,0"...W,N,-E...R...('§-),-A-IN-D,--M-AIL IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NO Tn ac-c&i ance with the Planning Commission By-Laws, no discussion shall be held by a member or members of E I this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or In person, by telephone call or by letter. ..................................................................... 417. Printed Name: A& Address: In PHw-l)-y+ City/State: CL 77 - 1- (U/IN FAVOR IN OPPOSITION Phone(aO ) REASON: Signature SEE MAP ON REVERSE SIDE Case No,0917-02 1 N FOR Case No.: 172N 1026 Project Manager'Laura Sheldon Property Owner ID:23 ErnailLauraS2@cclexas com Iwww�n�mwxwim, ' �I (I ii Iliia�II'"�¶ ° (II �,I,S ik ( .r,i ` )li"�I f ail' 'J rf,30WES II ��WIg fl�l it �U J1N,I)II II ! t ��.,j":.+l aW l�l�W��il,,,'ry,.�l':��'�4u.kW�.^.• �UYlJ�Ja��naji�ll lJaam,�9a,lfU�IllIa��kiWr(u�oal 2�Y�j�`y1�uId°�llJJ',"���G"O°m'l�'l Jl /aJqIlrwaw��s>y,/uTllU.�f;i4�rir�0 H.%G!rHpw�HaHainHuH1Hu2H�uH0uH09mH�u1 i r Christi ACeiry Development i P.O. Box 9277 �umzu'cuciacOzUiecHt�Hanmrm� �um�u�Gmuwuwu�ulwuwmwui»um>�uiiuuiauui mau�iurmFuUm rr�tmw»k� r( I ( Corpus Christi,Texas 784' � •' �D h 22 2r6)'))7 anul m 8 862100010070 uu' uIII a � �� SOLID ROCK COMMERCIAL PRO 102 AIRPORT RD CORPUS CHRISTI,TX 7840/()f1, W01 1 . ............. � � .......... ..... - � 4�, .....,...... .; ..- ,,: U .. RARROGAii ESR .. �e, . f r r r' y �" r t „�,., :fir" d -�,� - �� „'� �°"� � �� _,.,��„�, ..,.„.„:::...�_~•-~ .,:� ,..:: ...�... ,� pq� "� '' ��✓' «fir° '""/ �� y CG-2 _........... C w - , ..�.,"I'll— ed ,I ,r , e�ST-1M- IIEU-L1N�� ........ ® w " J rr�on .yt� ' d�rprrrcwa�o- prm SUBJECT PROPERTY ITH ZONING CASE: 0917-02 El P-Porly " . RIM-1 L LBgRuautadustt l WA-3 Ir"R4—ft a N WQVV u Waurunu .SIUBJFCT R11" IWWW—My.1 IWU PvatilM1dww unt F,%W O'"tar P120PF ON ftw-W—V 131fta P0.10 SS.Ow'r—w r to I � � E N TY cm, nsWggwn wr_—..—Mo tfawpon-Fnpaku,F,tA �uP-R NAWE�uolbwP kCe denaaa u RIN IF'u'ww-Fmmft Mm 1 M w„ wm i R.7 IRWnwwu u»omm.m Wu R146 'tap! Famtom 0 S CWT Wmnwatcaffifflemau ME R%@w.rwkmu lElo-nwma "'� I. ra.e GG"MOCWaww MN3 u&IN Rwoftwim „ K•.,.„„"* �,�' m.d a*—.p�CaWW.oeo-M-p Rw spmaunu Wawm”. Ct mw-W. pvnw Wemo �a ton rm ffl kCa.ffi*mt. RVP&w�awt�a wu&x uRw wW k uka',aw IeeucrruWnuvw�a paW t " HIVO IC O W II v City of Imp uawnknmWW pow J C t� �LGiCAT/ VAI!1 C to �t1 Persons with disabilities planning to attend this meeting, who may require q" ... _ re s eoial services are requested d t contact the Development Services Department at Fast 48 hours in advance at(361) 8826-3240. Personas con incapaci odes, cue tiensn a rota cipn ds sistir a seta junta v ue rsujsren servicis sspeciales„ se las s is den a(iso 48 oras antes de la junta Ila ands al departs ento a serviciosa esarrolo, at n6mero (361A 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at ( 1) 826-3240 at least 48 hers in advance to request an interpreter be present during the meeting. _i ute __. eiriirss a .la co fission urants la juntay su jn_ Ids es li its o favor de Ilam r al e arta entc a servicis a ssarrcllo I n ero (3 i t 2 ®3240 a encs 48 horas antes 1tlde la junta para sclicitar un o la °unta. mm, .......... CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-02 Ardoin Inc. has petitioned the Cityf Corpus Christi to consider a change of zoning r e " " General Commercial Districti, i t "IL" Light I dustrialDistrict, in a change to the Future Lan4_yAe Map,The rc y to be rezoned is described as: Suntide , east of Tuloso Road, and west of Suntilde Road. The Planning ission may recommend to City Council approval or denial, or approvalintermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent wit ity' Comprehensive I ill also have the effectof amendingthe ComprehensiveIan to reflect the approved zoning. The PlanningCommission ill conduct is hearing for this rezoning s discuss and formulate recommendation to the CityCouncil.The public hearing willbeI , during one of the PlanningCommission's regular tin s, which begins at in the City Council Chambers, 1201 Leopard Street. You are invited a this public hearing to express your views on this rezoning u s . For moreinformation, I s call 1 , "f , Tlals F sT 6t-FtEffbUt S I....IV... Y°TFi. W LPrirt T P OPE R(3)A N D M AILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES EPA T T, P. O, BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION CViDED BELOW BECOMES PUBLIC RECORD. NOTE: taccordanceiPlanning Commission y® s, _. ..__ . ..y._®member rmembers.. no discussion shall et this Commission withan applicant or appellant concerning an applicai r appeal,either at home or office,or in person, by telephone call or by letter. ... ... .... . .... ... .... ... Printed Name: Address. IDE City/State.- ( VOR ) IN OPPOSITIONon k- Sl n tore SES MAP ON REVERSE SIDE Case No, 0917®0 INFOINFOR Case o.: 17z 1026 Project Manager Laura Sheldon Property Owner ID.8 Email; Laura32 cctexas.,co �u! NlhnlWrn�(�!ymJX'/�'m7mi9/mp,Wmkm�m'Flmfmuld rrno»m»»rnuv�uiaiildwrmlm�k� Fr Cityf Titi � um m r ( � AMUnrEDINmwm" fF alr�ruaa Development ices t, 1 I yB �I Ile, SD9277 Im rumwwwwwmum�,m mmm°°lu°u � I � �t 'G Corpus Christi,Texas 78465g, Ir•�, `017 I 000.46'r ' 0 2 4d "6'al nr 'Inlmui"rnmr G71$.l G7(.113 ti 41 ;l'17 � .. 4 862100010030 aI•'rTvip e ,?,SOLID ROCK COMMERCIAL PRC " 102 AIRPORT RU CORPUS CHRISTI,TQC 7840 6 mom 7_ 7 OGATE DR Lu ......,"m ... .....,..... , d F 0 Lu Y � 9tli Qom , .. . .......... . m .,w. �� mm a ®pant r� x.�,r� J' �m'"""`rm" ^� r� d°� ,�'�"�t"✓'r�;,.,d qr . "r P ° u*mm"�'° ,,';✓" ��", /"fir"„✓°° �� ��,;"°m W ;j r � !"m �I aa O4 °'PROP \1 2 °e OG C �G w„ • ... I m e A Ee t rv—. •..� �,,,.Nn� E� L ,,..........lrrvLr�r�rrn ... i b9; 1 as Z it 4" ® I�YINlld'Q �,,,,,�,,,,,m,�,„�FmoP �, ��i Ifilhu&n��Orwbprd m CASE: 0917-02 �q d SUBJECT PROPERTY WITH ZONING Sub j aImpertr m llm -,r nlYmpdry k IN """T -SUBJECT PUD RIN: Ndmmmellg�¢ prr.wn.dupr®ev.R.Mro,mrlrwq "TM„^ ON PRbPE TY peamulprean MlN m RS•9m 51.gR.Fs NVj 10 ''+ny wq. At tl afewaarremrgRmll Rolls el Aeeo�illy 0e ro CR CI:�M°1°N-WC en�mee'.ANI mvcdl �F Rib&F1 ftr Is gym,,,, ie„•�„ •. kffi CiC4.7 G�otmlC Ilml TR n0wt9� .,•� J „ """"ti,�,,, IIIC. rv4au�mat RE Cermo-dm¢M sp Spn6il daemon ICI Rremammlem Lm rntrou:Iufld kY weererrpmwR VaNkIN lRaavaba Il:,l�llp �I8WP16R9YYaTII a';.mmenmlrrlmll Ru //,amuUmma9 lgiwnt, IC III',3 4Rm'al Ir ampprygryry 114 q I�'IMr a & Farm fRurall a RImraw::Oweirtay Ciry0f W.m 0mmMmm.P.11 Cprrppuu^"a ... mm ...... ......• ......••• ......... �LdcATIOIY MAP] Christ ,� .............. rsons with disabilities planning to attend this meeting, who may re'oqlre special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaDacidade.,s,, que tienen la intenc!6n de asistir a esta junta y gue reguieren servicios especi@11us,_seles�su:plicgue den avino 48 horas antes de la junta 11amando a] degartamento de servicios de desarrollo, al n(imero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (3 61) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted des ea dirigirse a la commission durante la Junta v sy in l's es limitado. favor de II al departamento de serviclos de desarrollo a] n6mero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un int6rprete ser Dresente duran#e la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-02 Ardoin Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "CG-21SP" General Commercial District with Special Permit to the "__i_ Industrial District, not resulting in a change to the Future Land Use Ma The property to be rezoned is described as: Suntide Industrial Park Block 2, Lot I and , l along the north side of Leopard Street, east of Tuloso Road, and west of Suntide Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special it. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council.The public hearing will be held on Wednesday, October 4,201 during one of the Planning Commission's regular meetings, which begins at 5:30 R.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240 f6dif bk Atbd§b 't IS F' kk' OSt"tif" C E6' Ut-§�id"Nit -bV tk dtJRR6ff'PRb0'tkfY� l4tR(SJ' b'M' iLitb IN ITS ENTIRETY T6 THE DEVELOPMENT SERVICES 6EPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or In person, by telephone call or by letter. ................................. yy t=L- , Printed Name: Address: City/State. (\)l IN FAVOR IN OPPOSITION Phone:(,�u REASON: o Signature SEE MAP ON REVERSE SIDE Case No.0917-02 INFOR Case No.: 17 1026 Project Manager:Laura Sheldon Property Owner ID:94 Erna& LauraS2@cctexas.com IrfvMU lllrxnelhgi Ili�yisn'rwmlluiyu{�^ Irl�l r%o irr��� rrrrimnr�irrJ�our�m»»»»riarrarairiiriirv" �y�p ��rl 1@ I�u 6i ���� r rrr77101�'//llllllllll101rGrll/�/r/2 inlr/lGrrrrrrmirrr�fMlrpX� City t Corpus Christi r �� err nil um n�W'" �r I�IIa"la U rlArf Development Services Depte D2 4 � I000,46'0 6 P.O. B®x 9277 0,1'J00340,51 f SEP 22 20117 Corpus Christi,Texas 78469 9 214200020120 NASSER II 3802 ally L Corpus risi,TX 78414 7 707 O z r� 1 „. R A ON Q ,�; r ^' fir" J r"„r'°, ",r' „�°' .r' r° r' ✓'y ,r"�” r'," ^ IVB Ci.dN r �� rt " r o N „ F Ll -. 0 CASE: 0977-02 '�° SUBJECT PROPERTY WITH ZONING K.M.4 W119A.My I m. 4was OTodwa4°Ba0 W2 uamr0a0mm"2 IN BBmmas WdwtpllaV mr w -su8JECT RU4 on�aX5=lgrI PUB Pw`Plmm60»m OAra.05mmmtay sous omau sire Ra-10 ar 4w.110q Dao ,. PitGPg TY a4.114t ummsr.�.MV,O""aw2 tl 6dn � al�mx0s+amm�r�rrABearmOal 009a4_A wa.ws�m a.qi 4 _ 'firs 0' 0154 m0m�0a-0'amdug N C�-8 lull,"Gm hP dC'maceemme b0 *,., a as r,a-smm im a �. CP&,0 00amaad C'mmvdnmrmfml mgX,.6�, m"'4reu� V! Cr4 I�ammniCma�araao-�UaO .. Igmm06mra¢Ba0�m0.a¢m X Cr.-0 ftximraO Cmrexnao-tOmB 08'3�"04q Xf�mrmPaaeaam I `��'"'w.,,. �Ys-$ P,EmrsaxmN 4:mamxromPxBm% &P '�+MW WmemM R 4re0mnaMm lCmms¢nmve.wt0 KVnm...b� rW Who mBaas. u? Cpm Yim'mm0moxen Cmxeemmumomp „� CA I Rw6matc+sxmmm bib rtnay 9%umg80ai�anmmmo00Wennroiw p.m Rural oa H1.1-Woxmr4aw �' City of ea4�mam s�a !Cs��, � s���� N ) C'hrl,11 � �.... Personswith disabilities planning to attend this meeting,, w...ho y require special ser..vices, .. r requested s,ted to contact the Development Services Department at least 46 hours in advance at (361) 626-3240. Personas con incapacidades, u iene i tenci6 asistir es tan u reouiere se icio esoeci les, se les s lice clue n aviso 4 horas antes de la junta Ilarnando al departarnento de servicios de desarrollo, al nu ro( 1)826-3240. If you wish to address t o ision during the meeting and your English is limited, pleasecall the Development Services e art ent at ( 1) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si us#ed desea dirigirsela commission durante la juntg_y su iols es li its o, favor de Ila ar al deoartamento de serviclos de desarrollo al n6mero (3 61) 826-3240 al manes 48 horas antes de la junta para solicit r un int6r r to ser presente durantela junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-02 Ardoln Inc. has petitioned the Cityf Corpus Christi to consider a change zoning from the ® 1 " General Commercial District withi Permit to the " " Light Industrial i , not resultingi a change to the Future Land Use Ma . The propertyto z is described as. Suntide Industrial Park Block 2, Lot I and 2, located along the north side of Leopard Street, east of Tuloso Road, and west of Suntide Road. The Planning issi y recommend i Council approval or denial, or approval of an intermediate zoning classification n l ciPermit. Approval of a change of zoning, if inconsistent with the City's Comprehensive I n, will also havethe effectf amending the ComprehensiveI reflect approved zoning. The Planning issi n will conduct a public hearing for this rezoning request to discuss and formulate recommendation to the CityCouncil.The public hearing will be held on Wednesday,October 4,201during one of the Planningi si 's regular meetings, is i s ., in the CityCouncil Chambers, 1201 Leopard Street. You areinvited ipublic hearing to express your views on this rezoning st. For more information, I s call (361) 826-3240, C bkbjkI§ LIST FILL , I 1° kifdURRIfNif P ( }A "LED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES 13 PPS T T„ P, 0, BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION vlDED BELOW BECOMES PUBLIC RECORD, NOTE:'-In accordance wi fa i issi® By-Laws, no discussionshall be held a member or members of this Commission with an applicantr appellant o r i an application r appeal,either at home or office,or In person, y telephone call or byl r. ........... Printed Name: Address IC 7 X city/Stake; 7 � d Fe FAVOR (L.,�IIN OPPOSITION -, , , REASON: I Signature SES MAP ON REVERSE SIDE Casa No 0917- 2 INFOR Case No.: 17ZN1026 Project Managec Laura Sheldon Property Owner II]:29 Emall:LauraS cctexas,com 4�a�1� ,����� Irv �h�n �� ///" fllffr-urrrair iirap/O�rrrrrmiiiiiiirraiariaiaiair Hca a d � �l ��Yyllll�/r%tri/rJ�„mrrrrrrrmrP/rl�m rr/�, City of[d us Christi ��������I���tat I�tYr a 6�CpN r w wamma rd i��mnlmuui Development Services Dept, P.O.Box 9277 Corpus risi,Texas 78469 2 214200010110 NASSER MAURICIO 3802 SALLY LANE CORPUS CHRISTI,TX 78414 1 L bg 4 iii w.,e...�...�:... Y ccW Nw w ' im«....:... y.,...,,,., S-6 dc YM 1qp �°li 3 u a SAW O N ti., a � 9 � "- w � O IX RTr°f 4, r cc r� x 4 CG-2 a �LlWEL•�L•N "�..� w -.�._ ......-�A"��� rrrrc�.�,wy c,asE: 097702 SUBJECT PROPERTY WITH ZONING bpa RM-g CMrw�rl9p m �. tR iWuropsB�B crgp, b"w RBA-7 "MR06 evilPy�z IN @B�®a^y PaarAwmrr9.�:: V IN -3 rnam� a FUD wry dHum Cwaowy r. W lfBJECT am Cr m 0,004M. R3�0 Rim®�°®ea16y 10 � P TY 0M-Ar MwrC4MWy9Y RR-z &oars w amt rpt-® k. CRB ml�rmrzuCmaea+M41 WS.eW WMq@o-P�reaBN�98 '" "'""••" """ "�'m -g RAmO6 C re++maes.U�l ,...; Cr' r�`""B Cmreexvm"' Rmmbgmr¢kual E tmk� CC-2 ftftgyaC�oa,r�rarwe C� msr®narw�Comen�re6�0 C®C Pk�mwae99nro Cbtianwurrxr�l R'd YBe�surrerkSraeBfeua'ww CA'u4& BA'mewe+l�Ne4isv®q�aY@V fi r? �_ CR M fl.&.2Cawme�ceMw FR Farren Rural t N "Ist rk Overlay a �CICS of 6A 6vesWr�ae Sn®ab. ^^ m �ik , "�h er ... .. .. ... -- �..., ,,,, ...... Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at ( 1) -3240, Personas con incapcides, g e tienen la intenci6n de asistir a esta junta y gue reguieren s rvicios peci les. s les s plica gue den aviso 48 horas antes de I@ junta liaman,do llamaal departamento de servicios de desarrollo, al nu ero 1 -324 If you wish to address the Commission during the meeting and your English is limited, please call the Development Services a rt ent at ( 1) 6-3240 at least 48 hours in advance to request an interpreter be present during the meeting. _i usted desea diri_ irse a la commission durante la junta y su ingids....es.Jimitado. favor de 11amar al e arta eto de servicios de desarrollol nu ero 1361] 826-3240 al menDs 48 horas antes l junta para solicitr un_i t rprete ser presents durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-02 Ardoln Inc. has petitionedthe CityCorpus risti to consider change f zoning from " - ! " General Commercial District with `r i tot "IL" i t ! l District, resultingin a change to the Future Land Use . The property to be rezoned is describeds: Suntide Industrial ! , located along the north side , east of Tuloso Road, and west of Suntide . The Planning ission may recommend to Cityit approval or denial, or approval of an intermediate zoning l sifi tin for Special Permit. Approval of a changeof zoning, if inconsistent wi the City's Comprehensive I ill also have the effect of amending the Comprehensivelan to reflect the approved zoning, The Planning issi n will conduct a public hearing for this rezoning request t iscus formulate recommendation to the CityCouncil. The public hearing will be heldon Wednesday, October 4,2017, during one of the Planningr i ' regular i s, which begins at ., in the CityCouncil Chambers, 1201 Leopard r t. You are invited n this public hearingto expressr views on this rezoning request. or r information, I s call ( ) 826-3240. TO N.,.. _, . . . ..,.... .,.m, .T , C ,THIS F��� �U���T FILL �UT, S�I � m.�,.D Y T CU ETPROPERTY�O (S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P.,. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 77. ANY INFORMATION PROVI LO BECOMES PUBLIC T In c o,rden, ce, withl n i issi By-Laws, no discussion shall be heldmember or members of this Commission with an applicant or appellant concerning an applicationr appeal,either at home or office,or In person, by telephone call or by letter. ..................... PrintedN �.' i X0.7 �� .. it t Address:, , d VOR ( �'I iN OPPOSITION Phone.�.M.�� "' �m I N FA Fig-nature mature SEE MAP ON REVERSE SIDE Case No.€917-02 INFOINFOR Case o.; 17 1026 ProjectManager: Laura Sheldon Property Owner ID; 32 Email: LauraS2@cctexas.com SC v AGENDA MEMORANDUM /rygORPOBPIEO First Reading Ordinance for the City Council Meeting of December 19, 2017 1852 Second Reading for the City Council Meeting of January 09, 2018 DATE: October 23, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BiIIG@cctexas.com (361) 826-3268 Closing of a drainage easement and right-of-way located east of Rand Morgan Road, between Leopard Street and Oregon Trail CAPTION: Ordinance abandoning and vacating a 4.385 acre drainage easement and right-of-way out of a portion of Artemus Roberts Subdivision, Lots 3, 6, and 11, located east of Rand Morgan Road, between Leopard Street and Oregon Trail and requiring the owner, MPM Development, LP, to comply with the specified conditions. PURPOSE: The purpose of this ordinance is to eliminate a portion of the drainage easement and right-of-way to allow for MPM Development, LP, to develop the property. BACKGROUND AND FINDINGS: MPM Development, LP (Owner) is requesting the abandonment and vacation of a 4.385 acre drainage easement and right-of-way out of a portion of Artemus Roberts Subdivision, Lots 3, 6, and 11, located east of Rand Morgan Road, between Leopard Street and Oregon Trail. This abandonment and vacation of the drainage easement and right-of-way is being requested by the owner for new construction. The existing drainage easement and right-of-way is unimproved with no public and private utilities. The Owner has been advised of and concurs with the specified conditions of the Ordinance in regards to the easement dedication and the recording and filing of the ordinance. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will adversely impact the Owner's ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances Section 49-12 and 49-13. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies stated objections regarding the proposed easement and right of way abandonment. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑x Not applicable Project to Date Fiscal Year: Expenditures Future 2017-2018 (CIP only) Current Year Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the easement and right of way closure. The Owners must comply with all the following specified conditions of the easement closure ordinance: a. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. b. The Maintenance responsibilities for the vacated easement reverts to MPM Development, LP (Owner). c. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. LIST OF SUPPORTING DOCUMENTS: Agenda Memo Ordinance with Exhibits Power Point Presentation Ordinance abandoning and vacating a 4.385 acre drainage easement and right-of- way out of a portion of Artemus Roberts Subdivision, Lots 3, 6, and 11, located east of Rand Morgan Road, between Leopard Street and Oregon Trail and requiring the owner, MPM Development, LP, to comply with the specified conditions. WHEREAS, MPM Development, LP (Owner) is requesting the abandonment and vacation of a 4.385 acre drainage easement and right-of-way out of a portion of Artemus Roberts Subdivision, Lots 3, 6, and 11, located east of Rand Morgan Road, between Leopard Street and Oregon Trail; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 4.385 acre drainage easement and right-of- way, subject to compliance by the Owner with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of MPM Development, LP (Owner), a 4.385 acre drainage easement and right-of-way out of a portion of Artemus Roberts Subdivision, Lots 3, 6, and 11, located east of Rand Morgan Road, between Leopard Street and Oregon Trail, as recorded in Volume 3, Page 41 of the Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description and field notes, "Exhibit B", which is the graphical representation of the legal, and "Exhibit C", which is the location map which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement and right of way described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. b. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. SECTION 3. The Maintenance responsibilities for the vacated easement reverts to MPM Development, LP (Owner). That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20177 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 , 20187 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 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMEDA, ZIP 78404 NIXON M. WELSH, P.E.,R.P.L.S. 361 882-5521— FAX 361 882-1265 www.bass-welsh.com e-mail: murrayjr@aol.com e-mail: nixmw@aol.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 September 20,2017 16047-M&B-DE Closure DE/ROW CLOSURE STATE OF TEXAS § COUNTY OF NUECES § Description of a 4.385 acre tract of land, more or less, a portion of Lots 3, 6 and 11, Artemus Roberts Subdivision, a map of which is recorded in Volume 3, Page 41, Map Records, Nueces County, Texas, and being a portion of a drainage easement and right-of-way described by deed recorded at Document No. 2003045766, Official Records of said county, said 4.385 acre tract of land for drainage easement and right-of- way closure as further described by metes and bounds as follows: BEGINNING at a west right-of-way corner of Rand Morgan Road which bears N89°12'33"E 20.00' from the northeast corner of Lot 11, Block 1, Northwest Crossing Unit 1, a map of which is recorded in Volume 62, Pages 1 and 2, said map records, said beginning point for the southeast corner of the tract herein described; THENCE S89012'33"W 1910.00' along a westerly right-of-way line of said Rand Morgan Road and along a northerly boundary line of said drainage easement and right-of-way and along the north boundary line of said Northwest Crossing Unit 1 and along the north boundary lines of Northwest Crossing Units 3, 5, 6 and 7 to the northwest corner of Lot 49, Block 6, said Northwest Crossing Unit 7, a map of which is recorded in Volume 68,Pages 282 and 283, said map records,for the southwest corner of the tract herein described; THENCE N0004727W a distance of 100.00'to a point for the northwest corner of the tract herein described in the north boundary line of said drainage easement and right-of-way; THENCE N89012'33"E a distance of 1909.95' along the north boundary line of said drainage easement and right-of-way to a point in the west right-of-way line of Rand Morgan Road for the northeast corner of the tract herein described; THENCE S00049'15"E along said west right-of-way line of Rand Morgan Road,being along a line 40'west of and parallel to the center line of said Rand Morgan Road, a distance of 100.00' to the POINT OF BEGINNING, a sketch showing said 4.385 acre tract of land for drainage easement and right-of-way closure being attached hereto as Exhibit`B". 4 . 1 u axon M.Welsh R.P.L.S. r�rsru ,•1�'�`t� rrrr R62 11•rrr .r«. otter EXHIBIT "A" Page 1 of 1 CL RAND MORGAN ROAD---, _ �SOO` 49' 15" E 100. 00' 20' 11 12 NORTHWEST 13 CROSSING UNIT 1 V. 62, P. 1 & 2, M. R. 14 F~ NORTHWEST CROSSING 36 UNIT 3 V. 63, P. 53 & 54, M. R. 37 /38 s9 S89° 12' 33" W L❑T3 60 1910. 00' LOT 6 >z w 61 NORTHWEST CROSSING p� UNIT 3 V. 63, P. D o o 62 53 & 54, M. R. EXHIBIT " B" �w o zo s3 SKETCH TO ACCOMPANY 3� A� 64 METES AND BOUNDS pclo a zNORTHWEST CROSSING DESCRIPTION v=i> W :IT UNIT 5 V. 66, P. V) 0 0 1'=250' 85 67 & 68, M, R, O .H r �M X: Z O W 4 m W O H -O ��� mcu 86 (U Z r: ov c ON w 00PORT, ARTEMUS o z ROBERTS SUB„ ri LOTS 6 & 11 LOT 6 LOT 11 W 22 OF 23 '( ;ww re wwC NORTHWEST CROSSING DE/ROW CLOSURE TRACT, © UNIT 6 V. 66, P. fiwwlw� ' ' P❑RTI ❑N ARTEMUS 150 & 151, M. R. 24 Nix6m M.�ELSHs ROBERTS SUB, , LOTS 3, www. 0444. .www _ 6, AND 11 , 4. 385 AC 25 ►'�" "�` 46 47 NORTHWEST CROSSING UNIT 7 V. 68, P. / 48 282 & 283, M. R. N00° 47' 27" W 100, 00' © 9/20/1 7 49 LOT 11 DE/ROW, DOC, NO. LOT 14 2003045766, ❑, R. BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, PORTION ARTEMUS ROBERTS SUB, , V, 3, TX ENGINEERING REG. NO. F-52, P. 41, M. R. , BRAMAN RANCHES LLC, FILE: EXB—DE CLOSURE, JOB NO. 16047, SCALE: 1" = 250' PLOT SCALE: SAME, PLOT DATE: 9/20/17, SHEET 1 OF 1 D ST CR 40� 4.385 AC. DRAINAGE EASEMENT AND RIGHT-OF-WAY CLOSURE TRACT O ~ (U W ~ ~ G] (U H Q Q 3 ¢ (U Z O ¢ Q Q' L) O U W Q, = Q (1) w W > v p w PCI W Q W O A (Y N OREGON TR, Z d 0 TULOSO MIDWAY p INTERMEDIATE SCHOOL = g z ca V) w N GOODNIGHT-LOVING TR, d d ~ E o p nw w l7 U O O 0 400' 800' 1600' MCNORTON ST, SCALE: 1"= 800' F L❑CATI ❑N MAP F❑R DRAINAGE EASEMENT AND RIGHT-❑F-WAY CLOSURE 1' = 800' C APPROX, ) BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB—DE CLOSURE1, JOB NO. 16047, SCALE: 1" = 50' PLOT SCALE: SAME, PLOT DATE: 9/25/17, SHEET 1 OF 1 • V e S� • i i Drainage Easement and Right-of-Way Closure for Artemus Roberts Subdivision, Lots 3, 6, and 11 City Council Presentation December 19, 2017 m . . Aerial Overview � m m v vv iiia i� ............................................................................................................................................................................................. ............................................................................................................. � ' IREI ..........I................I almlifflim ............................................................I.. � �........ ....... .........� .............IN E�� i i4 '(�I II II w Staff Recommendations .............. Staff recommends: • Approval of the proposed drainage easement and right-of-way closure. se w �a 0 v AGENDA MEMORANDUM N�oFPQpp`Ea Future Item for the City Council Meeting of December 19, 2017 1852 Action Item for the City Council Meeting of January 9, 2018 DATE: December 7, 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 Oso Water Reclamation Plant Headworks and Lift Station (Capital Improvement Program) CAPTION: Ordinance rejecting the apparent low bid of COBRA/CYMI JV as non-responsive and authorizing the City Manager or designee to execute a construction contract with CSA Construction, Inc. of Houston, Texas as the lowest responsive, responsible bidder in the amount of $22,865,540 for the Oso Water Reclamation Plant Headworks and Lift Station for the Total Base Bid plus Additive Alternate No. 1. (Capital Improvement Program (CIP)) PURPOSE: The purpose of this agenda item is to obtain authority to declare the apparent low bidder as a non- responsive bidder and execute a construction contract to the lowest responsive bidder. BACKGROUND AND FINDINGS: This project is part of the City Utility Department wastewater Capital Improvement Plan to improve the reliability of the system, odor control and maintain regulatory compliancy. CIP Description: Oso Water Reclamation Plant Headworks and Lift Station The construction of the Oso Water Reclamation Plant Interim Ammonia Improvements Phase 1 has achieved the required interim modifications of the physical, chemical and biological treatment processes to the Oso Water Reclamation Plant. This project ensures continued compliance with the recent ammonia and nutrient removal permit criteria. The project consists of the construction of a new headworks, lift station, Electrical Control Room (ECR) building, odor control unit, and yard piping. Project Scope: The Oso Water Reclamation Plant was originally constructed in 1941 with the last major upgrades at the plant in 1982. To ensure continued Texas Commission on Environmental Quality (TCEQ) permit compliancy, major upgrades are required at the plant. This project addresses two critical facilities, Lift Station No. 1 and the Headworks Facility. Both are both beyond their design life and experiencing severe degradation. The two critical facilities significantly increase operational/maintenance cost and adversely impact overall plant performance. Continual maintenance and repairs are required with significant reduction to the efficiency and safety for maintenance personnel. This directly impacts reliability of the plant and ability to maintain TCEQ permit compliancy. The following provides more descriptions of the proposed facility conditions and proposed improvements: Lift Station No. 1 cannot meet the flow requirements during wet weather events. Lift Station capacity is approximately 30 million gallons per day (MGD) and the pumps are obsolete. The failing pumps and minimal capacity requires three additional 10 MGD standby emergency diesel pumps to meet peak flows during wet weather events. The lift station is experiencing major structural deficiencies in the wet well. The new lift station capacity is 80 MGD with a dual 40 MGD configuration creating redundancy for improved efficiencies and maintenance, and includes new wet well with state of the art electrical and controls. The increased capacity and reliability will minimize sanitary sewer overflows in the Oso Basin collection system. The Headworks Facility was constructed in 1954 and consists of two 50 MGD bar screens and an obsolete and non-functioning aerated grit removal system. The poor condition of the bar screens require routine shut downs for labor intensive manual cleaning. The existing two bar screens are also experiencing severe structural degradation that creates potential safety hazards at the plant. The new Headworks Facility includes four 25 MGD bar screens with smaller grid patterns (holes) to better remove debris from downstream treatment units along with a new, low maintenance vortex grit removal system. The new equipment and configuration improves operational capacity with more balanced flows that significantly reduces unplanned maintenance. The improvements also provide redundancy to allow better maintenance with reduced cost and improved safety. The work also includes a new odor control unit minimizing potential nuisance odors to the adjacent neighborhoods. Other improvements include the removal of grit from existing clarifier influent channels which will improve the water quality and restore the hydraulic capacity for water treatment. Additional grit removal is proposed for the clarifier effluent channel and return troughs. The construction contract was developed with a Base Bid and Additive Alternate No. 1 as follows: Base Bid — Includes new 80 MGD Lift Station No. 1 facility with new pumps, wet well, electrical services and controls with the demo of the existing pumps, wet well and associated equipment. Replacement of the Headworks Facility (98 MGD) with new bar screens, grit removal system and odor control building. Additional work includes construction of a new electrical control room prefabricated building with new access driveways, miscellaneous yard piping and other associated site improvements. Additive Alternative No. 1 — Includes removal and disposal of debris and grit in the east and west clarifier effluent channel and return troughs. On August 16, 2017, the City received proposals from four (4) bidders, one of which was determined as non-responsive. The remaining three (3) bidders found to be responsive are presented below. CONTRACTOR BASE BID ADD. ALT. BASE BID PLUS ADD. NO. 1 ALT. NO. 1 CSA Construction, Inc. 22,325,000 540,540 22,865,540 Houston, Texas Kiewit Infrastructure South Co. 24,222,130 480,870 24,703,000 Fort Worth, Texas Pepper Lawson Waterworks, LLC 24,999,180 521,820 25,521,000 The Woodlands, Texas Engineer's Opinion of Probable 26,776,000 750,000 27,526,000 Construction Cost The fourth bid was determined as non-responsive for failure to demonstrate adequate experience on completed projects. Bidders are required to submit their Statement of Experience (SOE) to demonstrate their experience and qualifications. Bidders must demonstrate successful completion of at least five similar projects with relevant complexity, magnitude and scope. After evaluating all SOEs and interviewing past project references submitted by COBRA/CYMI JV's, City Staff and the design engineer concluded the bid as non-responsive due to the inability to demonstrate satisfactory completion of at least five (5) similar projects. CSA Construction, Inc. meets the experience requirements and is considered a responsive bidder capable of completing the work required in this project. ALTERNATIVES: 1. Authorize execution of construction contract and declaration of non-responsiveness of one bidder. (Recommended) 2. Do not authorize execution of construction contract and no declaration of non-responsiveness for one bidder. (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 Project to Date Current Year Future Years TOTALS 2017-2018 Expenditures Line Item Budget CIP 10,247,900 10,000,000 18,000,000 38,247,900 Encumbered / Expended Amount 10,247,900 10,247,900 This Item 8,500,000 14,365,540 22,865,540 Future Anticipated Expenditures This Project 1,500,000 2,609,678 4,109,678 BALANCE 01 0 1 1,024,782 1 1,024,782 Fund(s): Wastewater CIP #20 Comments: This project requires approximately 730 days (2 years) for construction with anticipated completion by February 2020. The construction contract will result in the expenditure of an amount not to exceed $22,865,540. RECOMMENDATION: City Staff recommends rejecting the apparent low bid of COBRA/CYMI JV as non-responsive and authorizing the City Manager or designee to execute a construction contract with CSA Construction, Inc. of Houston, Texas as the lowest responsive, responsible bidder in the amount of $22,865,540 for the Oso Water Reclamation Plant Headworks and Lift Station for the Total Base Bid plus Additive Alternate No. 1. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation Form 1295 Letter of Recommendation Page 1 of 2 Ordinance rejecting the apparent low bid of COBRA/CYMI JV as non- responsive and authorizing the City Manager or designee to execute a construction contract with CSA Construction, Inc. of Houston, Texas as the lowest responsive, responsible bidder in the amount of $22,865,540 for the Oso Water Reclamation Plant Headworks and Lift Station for the Total Base Bid plus Additive Alternate No. 1. (Capital Improvement Program (CIP)) WHEREAS, four bids were received on August 16, 2017, for the Oso Water Reclamation Plant Headworks and Lift Station Project (Project); and WHEREAS, the apparent low bidder for the Project, COBRA/CYMI JV, failed to respond to the requirements of the bid documents; and WHEREAS, COBRA/CYMI JV failed to demonstrate the experience and qualifications specified in the bid documents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The apparent low bid submitted by COBRA/CYMI JV is rejected as non- responsive. SECTION 2. The City Manager or designee is authorized to execute a construction contract with CSA Construction, Inc. of Houston, Texas as the lowest responsive, responsible bidder in the amount of $22,865,540 for the Oso Water Reclamation Plant Headworks and Lift Station project for the Total Base Bid plus Additive Alternate No. 1. Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20177 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 , 20187 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor PROJECT BUDGET ESTIMATE Oso Water Reclamation Plant Headworks and Lift Station FUNDS AVAILABLE: WastewaterCIP.............................................................................................................. $20,247,900 Future Wastewater CIP.................................................................................................... 18,000,000 TOTAL FUNDS AVAILABLE............................................................................................. $38,247,900 FUNDS REQUIRED: Construction and Contingency............................................................................................ 25,152,094 Construction (CSA Construction, Inc.) THIS CONTRACT................................. 22,865,540 Contingency(10%)....................................................................................... 2,286,554 Construction Testing and Inspection Fees Estimate:............................................................... 914,958 *Construction Material Testing Estimate....................................................... 150,000 Construction Inspection Estimate............................................................... 764,958 Design:.......................................................................................................................... 9,998,629 **Original (LNV, Inc.)............................................................................... 9,998,629 Amendment No. 1 (LNV, Inc.).................................................................... 0 Amendment No. 2 (LNV, Inc.).................................................................... 0 Amendment No. 3 (LNV, Inc.).................................................................... 0 Amendment No. 4 (LNV, Inc.).................................................................... 0 Reimbursements:............................................................................................................ 1,157,437 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance).............. 382,479 Engineering Services (Project Mgmt/Constr Mgmt)............................................. 764,958 Misc.......................................................................................................... 10,000 TOTAL.......................................................................................................................... $37,223,118 ESTIMATED PROJECT BUDGET BALANCE....................................................................... $1,024,782 *Testing services will be executed as a Task Order under future Master Service Agreement **Contract approved by City Council on June 11, 2013 by Motion No. M2013-102 8 1 c °RRioOR N V SCALE: N.T.S. SHIP CHANN CORPUS CHRISTI i LEOPARD O a z CORPUS CHRISTI BAY @q p kph'/N 286 tR ORGP O 358 j M 9l °C z e' PROJECT LOCATION OHO 32� MQgRp�F cO<<�yqR 9���iP °F N Cq TEXAS A&M UNIVERSITY °� <y CORPUS CHRISTI 358 ZZ C Q� Gq Q• CABANISS pj Z OSO BAY CORPUS CHRISTI FIELD <v Q NAVAL AIR STATION e� O �v FLOUR BLUFF Z 358 286 °s° fie° w 4� Q z J 40 ;OW N LAGUNA MADRE LOCATION MAP NOT TO SCALE Project Number: E12206 Oso Water Reclamation Plant CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS Headworks and Lift Station DEPARTMENT OF ENGINEERING SERVICES "I,,," Engineering Oso Water Reclamation Plant Headworks and Lift Station Council Presentation December 19, 2017 Project Location Engineering CHW CORPUS CHRISTI HIP N SCALE:N.T.S. —PARD CORPUS CHRISTI BAY 6q(Ow les _ oR OSO WATER RECLAMATION PLANT HEADWORKS AND LIFT y STATION o � M IC f^ W IIXAS AkM O((} CQRPUS CHRISTI K p � Y HT-I SOSb BAY A L AIR TUT 1. Wy Q H F� FLOUR BLUFF 350 206 A J a y0 0 2 i Project Vicinity / C+aopus CII st Erugime:ering N SCALE:M.T.S. lr / Alemetla St j�/ �/� �OSO WATER RECLAMATION PLANTHEADWORKSAND r , LIFT s„ro a � �IIIIII :C 9 Project Objectives / , a us CIIP,,�ti i o-lgime:erintig Headworks and Lift Station • Built in 1941 and exceeded service life • In very poor physical conditions and operational performance • Lower treatment capacity and higher O&M costs Objectives: • Maintain regulatory compliance • Assure operational functionalities • Improve treatment capacity and efficiency • Reduce O&M costs • Reduce process odors • Avoid potential emergency events and permit violations �d i " Project Scope Caopus CPIt°st irlgpin eering Base Bid includes: • New 80 MGD capacity lift station • New 98 MGD capacity headworks • Prefabricated electrical control room (ECR) #5 building • Electrical, instrumentation and control systems • New odor control units • Yard piping • Associated site improvements Additive Alternative No.1 includes: • Removal and disposal of debris and grit in the west and east treatment train return troughs Project Schedule � Capp C1,si'�r9pin ermng 2017 20181 J A S 0 7DJ F M A M J J A S 0 N D J F M A M J J A S 0 N D J F Bid&Award Project Construction Estimate: 730 Days Schedule reflects City Council construction award in December 2017 with completion planned by February 2020 CERTIFICATE OF INTERESTED PARTIES FORM 1295 101`1 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. 2017-286049 CSA Construction, Inc. Houston,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 11/20/2017 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. E12206 Construction on OSO WRP Headworks and Lift Station 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Austin, Rich Chappell Hill,TX United States X Mayfield,Richard Cypress,TX United States X Craig,George Houston,TX United States X Schultz, Kenneth Houston,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or rm® r penalty of perjury,that the above disclosure is true and correct, GEORGE CMG MY NOWY I Rich Austin President 9 Sig ture of authorized agent of contracting business entity AFFIX NOTARY STAMP 1 SEAL ABOVE Sworn to and subscribed before me,by the said .__President this the ?nth day of Nnxemlpr , 20 17 to c ify which,witness my hand and seal of office. 1110,000110;1. George CraigSecretary Si ur „ f,,, ice�.N s �g ,gadministering"" � 'g° th Printed name of officer administering oath Title of officer administering oath r administenn Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 LNV Solutions Today with a engineers � architects I surveyors Vision for Tomorrow October 24, 2017 J.H. Edmonds, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 Re: Oso Water Reclamation Plant Headworks and Lift Station Project No. E12206 Construction Contract Award Recommendation Dear Mr. Edmonds: On Wednesday, August 16, 2017, bids were received and opened at 2:00 pm by City staff for the Oso Water Reclamation Plant Headworks and Lift Station project, E12206. The project consists of new lift station, headworks, and odor control facilities to replace the existing deteriorated facilities at the Oso Water Reclamation Plant. The existing plant will remain in service for the duration of the project and must continue to effectively process wastewater to ensure that all discharges are compliant with the City's discharge permit. There were four (4) bidders on this project and all were below the Engineer's Opinion of Probable Construction Cost (OPCC). Table 1 provides a summary of the bid tabulation results of the four bidders, along with the Engineer's OPCC. Table 1 — Summary of Bid Tabulation COBRAICYMI CSA Kiewit Pepper LawsonEngineer's Opinion Description iv Construction, Infrastructure waterworks, of Probable Inc. South Co. LLC Construction Cost Base Bid $ 21,305,990.00 $ 22,325,000.00 $ 24,222,130.00 $ 24,999,180.00 $ 26,776,000.00 Additive Alternate No. 1 $ 585,000.00 $ 540,540.00 $ 480,870.00 $ 521,820.00 $ 750,000.00 Base Bid+Add.Alt.1 $ 21,890,990.00 $ 22,865,540.00 $ 24,703,000.00 $ 25,521,000.00 $ 27,526,000.00 The apparent three low bidders were required to submit their statement of experience (SOE) to demonstrate their experience and qualifications. Due to the complexity and critical nature of this project, the City and LNV/Jacobs established minimum experience requirements which must be achieved before a Contractor is considered a responsive bidder. The minimum experience requirements and how they are to be taken into consideration are specified in Section 00 45 16 Statement of Experience of the contract documents. The Contractors must demonstrate that they have successfully completed projects of comparable type, complexity and magnitude by providing a list of similar projects and Page 1 of 4 801 NAVIGATION 1 SUITE 300 1 CORPUS CHRISTI,TEXAS 78408 OFFICE 361.883.1984 1 FAX 361.883.1986 1 WWW.LNVINC.COM LNV SolutIons Today Frith a engineers I architects I surveyors Vision for Tomorrow references for each project. In preparing an SOE, it is understood that each Contractor will consider their entire body of work and choose similar projects that best demonstrate their capabilities and past project performance. The following two tables summarize the evaluation of the COBRA/CYMI JV SOE, .........................................................................................................................................................._............. ................................,.......................................................................................................................................................................................................................................................................................................................................,,,............................................................-................. . COBRA/CYMI JV SOE ......................................................................................................................................................................................._................_.®...................................................................................................................................................................................................................................................................................................................................................................................................................................................... ITEMS DEMONSTRATING EXPERIENCE • Resume for Project Manager and Quality Control Manager demonstrates sufficient experience in similar public-sector water and wastewater projects. • One (1)of the six(6)listed projects qualifies as a similar project completed by the bidder's organization. • COBRA and CYMI demonstrated better than average Construction Site Safety Experience Modification Ratios (EMR)for 2016(one of the 3 years requested). For 2014 and 2015„ the SOE referenced better than average EMR's for Applied Control Technology, a subsidiary of CYMI. ITEMS NOT DEMONSTRATING EXPERIENCE • Resumes for key staff such as the Project Superintendent, Electrical General Superintendent, and Safety Director/Manger do not demonstrate experience in public-sector water and wastewater treatment projects. Resumes for alternates were not provided„ • Four(4)of the six(6) listed projects have not been completed and are still under construction. These projects cannot be used to demonstrate the Contractor's ability to successfully complete projects. • One (1)of the listed projects is considered a non-similar project consisting of an industrial sector, chemical facility design-build (D/B) project. • One (1)of the listed projects is considered only marginally similar as it included a large amount of collection system micro-tunneling which is unrelated to this work. • One (1)of the listed projects is considered only marginally similar as it consisted of large diameter water distribution lines which is not included in this work. • COBRA did not provide Construction Site Safety Experience Modification Ratios (EMR)for 2014 and 2015, as requested. Page 2 of 4 801 NAVIGATION I SUITE 300 i CORPUS CHRISTI,TEXAS 78408 OFFICE 361.883.1984 1 FAX 361.883.1986 1 WWW.LNVINC.COM LNV Soludons 'today wfth a engineers I architects I surveyors Vision for Tomorrow SUMMARY OF COBRA/CYMI JV REFERENCES ......................................................................... • Eight(8) references were contacted and questioned about their professional experience with the bidder's organization. One (1)of the listed references could not be reached. • Discussions with references did not confirm nor provide any additional evidence that COBRA/CYMI JV meets the requirements of a responsive bidder. After a thorough evaluation of this SOE, taken in its entirety, it is LNV's opinion that COBRA/CYMI JV has not demonstrated that it meets the minimum experience and qualification requirements set forth in the contract documents and, as per Section 00 21 13 and Section 00 30 00, is considered a non-responsive bidder. The following two tables summarize the evaluation of the CSA Construction, Inc. SOE. CSA CONSTRUCTION, INC. SOE .............................................._.............................................. ......_.................................................................................................................................................................................................................................................................................._..............................................................................................................................................._................... . ITEMS DEMONSTRATING EXPERIENCE • Resumes for Project Manager„ Superintendent, Safety Manager and Quality Control Manager(both primary and alternate for each position)demonstrate sufficient experience in similar public-sector water and wastewater projects. • Four(4)of the five(5) listed projects qualify as projects of similar type and magnitude completed by the bidder's organization. • In addition, CSA has completed approximately forty-three(43) similar, to marginally similar„ water and wastewater treatment projects over the past 10 years. • CSA listed four(4)wastewater projects previously completed with the City of Corpus Christi. • CSA demonstrated better than average Construction Site Safety Experience Modification Ratios (EMR)for the last 3 years (2015, 2016, and 2017), as requested, and in 2013 and 2014 as well. ITEMS NOT DEMONSTRATING EXPERIENCE • One(1) of the five (5) listed projects has not yet been completed and is still under construction. This project cannot be used to demonstrate the Contractor's ability to successfully complete projects. NOTE. However, CSA included a supplementary list of 43 other completed projects of similar experience in their SOE. Page 3 of 4 801 NAVIGATION I SUITE 300 I CORPUS CHRISTI,"TEXAS 78408 OFFICE 361.883.1984 1 FAX 361,883.1986 1 WWW.LNVINC.COM LNV Solutions Today with a engineers I architects I surveyors Vision for Tomorrow ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. SUMMARY OF CSA CONSTRUCTION REFERENCES ....................................................................................................................................................................................................................................................... • Six(6) references were contacted and questioned about their professional experience with the bidder's organization. • All six(6) references provided positive feedback and confirmed that they would hire CSA Construction again. • One (1) reference, associated with the incomplete project mentioned above, stated that the project is approximately 85% complete and ahead of schedule. He stated that CSA has exceeded their expectations and said that"CSA is the best in Texas when it comes to water and wastewater treatment contracting". • Five (5) references confirmed their projects were on schedule and on budget. • CSA Construction, Inc.website, .csaconstruction.com, references and provides a list of over 100 water treatment and wastewater treatment plants they have completed in the State of Texas since 1979. LNV/Jacobs determined that CSA Construction meets the minimum experience requirements specified Section 00 45 16 of contract documents and considers CSA a responsive bidder capable of completing the work required in this project. LNV/Jacobs recommends that the City of Corpus Christi award the contract for construction of the Oso WRP Headworks and Lift Station project to the lowest responsive and responsible bidder, CSA Construction, Inc., in the amount of$22,865,540.00. If you have any questions or need additional information, please contact me at (361) 883- 1984. Sincerely, LNV, Inc. TBPE No. F-366 Lgan Burton, P.E. Vice-President/Project Manager Enclosures: 1. Bid Tabulation (1 Page) cc: Jiangang Deng, P.E.; Sylvia Arriaga Page 4 of 4 801 NAVIGATION I SUITE 300 I CORPUS CHRISTI,TEXAS 78408 OFFICE 361.883.1984 1 FAX 361.883.1986 1 WWW.LNVINC.COM TABULATION OF BIDS DEPURTMENT OF ENGINEERING SERVICES CITY OF CORIDNS CHRISTI,TEXAS TAGUITATEDBY e neyoury PE $26,776,000.00 BATE. wmn er, 9 ts,2otr TIME OF COMPLETION. 790 CaI,R rDays Oso Water Reclamation Plant Heatlworks Intl Lift Station CITY PROJECTNO.ElU06 ser u- c n erKi—Rnon os t anLLC ui e B T 71G. Item I UNIT I EX= UNn PNCE AMOUNT UNn PNCE AMOUNT UNIT PNCE AMOUNT UNIT PNCE AMOUNT PART A-WASTEWATER IMPROVEMENTS(per SECTION 0129 DI MEASUREMENT AND BASIS FOR PAYMENT) Al MOBILIZATION/DEMOBILIZATION,COM PLETE I N PLACE PE R IUM P SUM, LS 1 $ 1,100,000.00 $ 1,100,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,250,000.00 $ 1,250,000.00 THIS ITEM CONSISTS OF ALL SUPERVISION,EQUIPMENT,TOOLS,LABOR,AND MATERIALS TO PERFORM ALL DEMOLITION AND TEMPORARY WORK, STE/CN1 L,S UCFURA4 MECHANICAL,PLUMBING,ELECTRICAL AND INSTRUMENTATION/CONTROLS WORK,AS REQUIRED TO CONSTRUCT, A2 COMPLETE AND MAKE OPERATIONALTHE OSO WRP REHABILITATION AND LS 1 $ 17,375,000.00 $ 17,375,000.00 $ 18,981,510.00 $ 18,981,510.00 $ 20,324,390.00 $ 20,324,390.00 $ 21,407,690.00 $ 21,407,690.00 IMPROVE MENTS.THIS ITEM INCLUDES ALL WORK SPECIFIEDAND/OR SHOW N ON TH E CONTRACT DOCUMENTS,AND ALL OTHER ITEMS NECESSAR YTO COMPLETE THE WORK THAT ARE NOT SPECIFICALLY INCLUDED IN OTHER BID ITEMS,PAYMENT OF THIS ITEM WILL BE MADE PER LUMP SUM,COMPLETE AND IN PLACE, GRIT REMOVAL,WASHING AND DE WATERING EQUIPMENT SUPPLIER SCOPE A3 AS DEFINED ON THE DRAWINGSAND IN SECTION 46 23 23 OF THE LS 1 $ 1,330,990.00 $ 1,330,990.00 $ 1,330,990.00 $ 1,330,990.00 $ 1,330,990.00 $ 1,330,990.00 $ 1,330,990.00 $ 1,330,990.00 CONTRACT SPECIFICATIONS. �FUINISHALLLAICN,EQUIPM ENT,MATERIALS,INCIDENTALS AND RELATED A4 ITEMSREQUIREDFOR THE REMOVALAND DISPOSALAT THE CEFE TONS 250 $ 800.00 $ 200,000.00 $ 450.00 $ 112,500.00 $ 411.00 $ 102,750.00 $ 550.00 $ 137,500.00 VALENZUELA LANDFILL OF UP TO 250 TONS OF DEBRIS AND GRIT IN CLARIFIERS 41-8 INFLUENT CHANNELS AND TROUGHS,COMPLETE IN PLACE PERTON. FURNISH ALL LABOR,EQUIPMENT,MATERIALS,INCIDENTALS AND RELATED ITEMS REQUIRED FOR THE REHABILITATION OF EXISTING S IDLF-48" EQUALIZATION LINE AND 11DLF-36"GRAVITY LINE VIA CIPP(14'-18` A5 DEPTH).ITEM INCLUDES ALL SERVICES NECESSARY FOR BYPASS PUMPING, LS 1 $ 600,000.00 $ 600,000.00 $ 300,000.00 $ 300,000.00 $ 550,000.00 $ 550,000.00 $ 290,000.00 $ 290,000.00 FLOW CONTROL,PLUGGING,CLEANING OF HOST PIPE PRIOR TO INSTALLATION OF CIPP LINER,PPE AND POST VIDEO INSPECTIONS OF PIPES, ALL PERFORMANCE TESTING REQUIREMENTS,AND QUALITY CONTROL MEASURES,PAYMENT WILL BE PER LUMP SUM,COMPLETE AND IN PLACE. A6 EXPLORATORY EXCAVATION,COMPLETE IN PCC PIRLUMPSUM. LS I $ 200,000.00 $ 200,000.00 $ 100,000.00 $ 100,000.00 $ 414,000.00 $ 414,000.00 $ 83,000.00 $ 83,000.00 A7 UTILITY RELOCATION ALLOWANCE LS I $ 500,000.00 $ 500,000.00 $ 500,000.00 $ 500,000.00 $ 500,000.00 $ 500,000.00 $ 500,000.00 $ 500,000.00 ISUBUBTALPARTA—TE—TER NTS(11-1 itnru A7) $ 21,305,990.00 $ 22,325,000.00 $ 24,222,130.00 $ 24,999,180.00 TOTAL PROJECT BASE BID(PART A) $ 21,305,990.00 $ 22,325,000.00 $ 24,222,130.00 $ 24,999,180.00 O.1(Per SECTION DI 23 30 ALTERNATES AND ALLOWANCES) FURNISH ALL LABOR,EQUIPMENT,MATERIALS,INCIDENTALS AND RE LATE D 81 ITEMSREQUIREDFOR THE REMOVALAND DISPOSAL AT THE CEFE TONS 1170 $ 500.00 $ 585,000.00 $ 46200 $ 540,540.00 $ 411.00 $ 480,870.00 $ 446.00 $ 521,820.00 VALENZUELA LANDFILL OF UP TO 1170 TONS OF DEBRIS AND GRIT IN WEST AND EASTTREATMENT TRAIN RETURN TROUGHS,COMPLETE IN PLACE PER TON, NO.I(PART B) $ 585,000.00 $ 540,540.00 $ 480,870.00 $ 521,820.00 Page 101 SC O U AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of January 9, 20181852 Second Reading for the City Council Meeting of January 16, 2018 DATE: December 22, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BiIIG@cctexas.com (361) 826-3276 Rezoning Property Located at 602, 606, and 646 South Clarkwood Road (Requires %vote) CAPTION: Case No. 1017-01 Yiu, Inc.: A change of zoning from the "R-MH" Manufactured Home District and "IL" Light Industrial District to the "RV" Recreational Vehicle Park District. The property is described as being a 15.8695-acre tract of land out of Assessors Map 148 Tract M, Survey 402 ABS 988, located on the east side of South Clarkwood Road approximately 1,880 feet south of State Highway 44. PURPOSE: The purpose of this item is to rezone the property to allow for the development of a 172- pad recreational vehicle park. RECOMMENDATION: Planning Commission and Staff Recommendation (November 15, 2017): Approval of the change of zoning from the "R-MH" Manufactured Home District and "IL" Light Industrial District to the "RV" Recreational Vehicle Park District. Vote Results: For: 9 Opposed: 0 Absent: 0 Abstained: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a change of zoning from the "R-MH" Manufactured Home District and "IL" Light Industrial District to the "RV" Recreational Vehicle Park District to allow for the development of a 172-pad recreational vehicle park. The proposed amendment is compatible with the Future Land Use Map, PlanCC, and the Port/Airport/Violet Area Development Plan (ADP), and is compatible with neighboring properties and with the character of the surrounding area. The property is suitable for uses permitted in the "RV" Recreational Vehicle Park District and the amendment does not have a negative impact on the surrounding neighborhood. ALTERNATIVES: 1. Approve (requires 3/4 vote) 2. Approve with Conditions (requires 3/4 vote) 3. Deny the request OTHER CONSIDERATIONS: The 20% Rule is invoked as we have received 29.28% opposition. Approval will require a favorable vote of three-fourths of all City Council members. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries the Port/Airport/Violet Area Development Plan and is planned for Flood Plain Conservation. The proposed rezoning to the "RV" Recreational Vehicle District is consistent with the adopted Future Land Use Map, PlanCC, and the Port/Airport/Violet Area Development Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures Current 2018 (CIP only) 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 Yiu, Inc. ("Owner"), by changing the UDC Zoning Map in reference to a 15.8695-acre tract of land out of Assessors Map 148 Tract M, Survey 402 ABS 988, from the "R-MH" Manufactured Home District and "IL" Light Industrial District to the "RV" Recreational Vehicle Park 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 Yiu, Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, November 15, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "R-MH" Manufactured Home District and "IL" Light Industrial District to the "RV" Recreational Vehicle Park District, and on Tuesday, January 9, 2018, 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 Yiu, Inc. ("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 being a 15.8695-acre tract of land out of Assessors Map 148 Tract M, Survey 402 ABS 988, located on the east side of South Clarkwood Road approximately 1,880 feet south of State Highway 44 (the "Property"), from the "R- MH" Manufactured Home District and "IL" Light Industrial District to the "RV" Recreational Vehicle Park District (Zoning Map No. 058042), as shown in Exhibits "A". Exhibit A, which is a metes and bounds 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\1017-01 Yiu, Inc(Clarkwood RV Park)\Council Documents\Ordinance 1017- 01 Yiu, Inc.(Clarkwood RV Park).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 , 20187 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 , 20187 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\1017-01 Yiu, Inc(Clarkwood RV Park)\Council Documents\Ordinance 1017- 01 Yiu, Inc.(Clarkwood RV Park).docx Page 3 of 3 Exhibit A A Description of a 15.8695 acre tract of land, more or less, out of the Thomas Gallagher 400 acre Survey No. 402, Abstract 988, described in Volume 209,Page 587, Deed Records of Nueces County, Texas, and beingmore i described as follows: particularly Beginning at a 5/8"iron rod found, said point being the northwest corner of Lot 1, Block 1, South Clarkwood Acres, recorded in Volume 36, Page 121, Map Records of Nueces County, Texas, and being on the East right-of-way line of South Clarkwood Road (FM 2292) for the POINT OF BEGINNING, and the Southwest corner of this tract; li THENCE, along said right-of-way line, N 00° 28' 00" W, 560.96 feet to a 5/8" IT iron rod set, for the Northwest corner of this tract; I THENCE, N 890 20' 25" E, 1217.51 feet to a 5/8" iron rod set, said point being ii on the West line of a 35 foot strip of land, City of Corpus Christi recorded in Volume 1420, Page 367, Deed Records, Nueces County, Texas, for the Northeast IT corner of this tract; I THENCE, along said west line, S 000 42' 04"E, 352.79 feet to a 5/8"iron rod set, !' said.point being the Northwest corner of a 35 foot right-of-way recorded in j; Volume 1482, Page 290, Deed Records, Nueces County, Texas, for a corner of this tract; i! THENCE, N 890 22' 00" E, 35.00 feet to a 5/8" iron rod set, said point being the f Northeast corner of said right-of-way, for a corner of this tract; THENCE, along the East line of said right-of-way, S 00° 43' 00"E, 208.73 feet to a 5/8" iron rod set, said point being the Northeast corner of said Lot 1, Block 1, South Clarkwood Acres, for the Southeast corner of this tract; THENCE, along the common bound of said Lot 1 Block 1 i! boundary , and this tract, S 890 22' 00" W, 1254.91 feet to the POINT OF BEGIrqNING, containing 15.8695 i; acres, more or less. 1 OF A,VOSS Stl / 1 i' f l! Exhibit A PLANNING COMMISSION FINAL REPORT Case No. 1017-01 INFOR No. 17ZN1029 Planning Commission Hearing Date: November 15, 2017 = Owner: Yiu, Inc. a �a o Applicant/Representative: Kenneth D. Phillips Location Address: 602, 606, and 646 S. Clarkwood Road 0. u Legal Description: Being a 15.8695-acre tract of land out of Assessors Map 148 Tract M, Survey 402 ABS 988, located on the east side of South Clarkwood Road approximately 1,880 feet south of State Highway 44. From: "R-MH" Manufactured Home District and "IL" Light Industrial District _ To: "RV" Recreational Vehicle Park District oa. Area: 15.8695 acres N Purpose of Request: To allow for the development of a 172-pad recreational vehicle park. Existing Zoning District Existing Land Future Land Use "R-MH" Manufactured Home Flood Plain Siteand "IL" Light Industrial Vacant Conservation Agriculture/Rural = y North "RS-6" Single-Family 6 Vacant Enterprise 0 MHigh Density c South "R-MH" Manufactured Home Mobile Home Residential n "RS-6" Single-Family 6 and Drainage W East "FR" Farm Rural Corridor and Light Industrial Vacant West Outside City Limits Vacant Outside City Limits Area Development Plan: The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan (ADP). The current Future 06 Land Use map shows the property is planned for Flood Plain Conservation M c uses. The proposed rezoning to the "RV" Recreational Vehicle Park District is consistent with the adopted Future Land Use Map due to the mobility of a o recreational vehicles. The rezoning is also consistent the Port/Airport/Violet Q > ADP. Map No.: 058042 Zoning Violations: None 0 Transportation and Circulation: The subject property has approximately 550 feet of street frontage along South Clarkwood Road, which is designated as an 0 _- "A3" Primary Arterial Divided Street. The maximum desirable Average Daily N Trips (ADT) recommended for an "A3" Arterial is 30,000-40,000 ADT. L Planning Commission Final Report Page 2 Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume O Type 2015-2016 South A3„ Primary Arterial 130 ROW 103 ROW ClarkwoodDivided Street 79' paved 23' paved 1 659 Road Cn Staff Summary: Requested Zoning: The applicant is requesting to rezone the property from the "R-MH” Manufactured Home District and the "IL" Light Industrial District to the "RV" Recreational Vehicle Park District on 15.8695 acres of land to allow for the construction of a 172-pad recreational vehicle park. The property is located on the east side of South Clarkwood Road approximately 1,880 feet south of State Highway 44. Development Plan: The owner is proposing to develop the 15.8695 acres into a recreational vehicle park with 172 pad sites plus amenities. The development will have 126 back-in sites and 46 pull-through sites, representing a density of 11 sites per acre. The amenities are described as a community room (3,200 square feet), a mail kiosk area (300 square feet), a laundry facility (375 square feet) and restrooms (1,900 square feet). Additional structures include an office (1,600 square feet) and a maintenance building (900 square feet). There will be a storage area of 9,500 square feet onsite, as well as nine dumpsters. Existing Land Uses & Zoning: The subject property is vacant land and is currently zoned "R-MH" Manufactured Home and "IL" Light Industrial. The property to the north, which is also vacant land, is zoned "RS-6" Single-Family 6. To the south of the subject property is a mobile home park in the "R-MH" Manufactured Home District. To the east is a 200-foot wide drainage corridor extending north and south across adjacent "RS-6" Single-Family 6 and "FR" Farm Rural districts. To the west, across Clarkwood Road, is vacant land which is outside the city limits of Corpus Christi. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property will need to be platted. PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan (ADP). The proposed rezoning to the "RV" Recreational Vehicle District is consistent with the Future Land Use Map and with the following policies of the Port/Airport/Violet ADP and PlanCC: • 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. (PlanCC, Element 7, Goal 1 , Strategy 5). Planning Commission Final Report Page 3 • The City has obligations to many stakeholders to manage development in an orderly fashion for the benefit of the community as a whole and for the environment. However, the City understands an obligation, in compliance with applicable law or regulation, to support private property rights. (Plan CC, Principles, Page 15). Department Comments: The requested zoning district meets the review criteria of UDC 3.3.5: • The proposed amendment is compatible with the Future Land Use Map, PlanCC, and the Port/Airport/Violet Development Plan (ADP), and is compatible with neighboring properties and with the character of the surrounding area. • The property is suitable for uses permitted in the "RV" Recreational Vehicle District and the amendment does not have a negative impact on the surrounding neighborhood. Planning Commission and Staff Recommendation (November 15, 2017). Approval of the change of zoning from the "R-MH" Manufactured Home District and "IL" Light Industrial District to the "RV" Recreational Vehicle Park District. Vote Results: For: 9 Opposed: 0 Absent: 00 Abstained: 0 Number of Notices Mailed — 4 within 200-foot notification area = 2 outside notification area 0 CC As of December 22, 2017: a= In Favor — 0 inside notification area o — 0 outside notification area Z In Opposition — 1 inside notification area CL — 0 outside notification area Totaling 29.28% 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\1017-01 Yiu,Inc(Clarkwood RV Park)\Council Documents\PC Report_1017-01 Yiu,Inc.docx RS- 6 FR 1 I�L 7� 4 SUBJECT 6 ° � PROPERTY 0 O O Y J U 5 3 w RS- 6 DONNA AVE R M H Q W U O BARBRA AVE ^ w a w U O n ANN DR... MEGAN AVE Date Created:9/27/2017 0 400 800 Prepared By:JeremyM Feet Department of Development Services CASE: 1017-01 ZONING & NOTICE AREA �\ y RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial �\ RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay RM Professional Office RS-10 Single-Family -------- - --- --___ ON MultifamilyATSingle-Family g y 10 RS-6 Sin le-Famil 6 CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 ,q4 CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Re sort Commercial SUBJECT U, RE Residential Estate CG-1 General Commercial RS-TH Townhouse caa CG-2 General Commercialg SP Special Permit PROPERTY\ w Cl Intensive Commercial r o RMH Manufactured Home L CBD Downtown Commercial RV Recreational Vehicle Park � g CR-3 Resort Commercial - ----------- .-...----- FR Farm Rural �\ H Historic Overlay BP Business Park N Subject Property OwnersE \ �� with 200'buffer 0 in favor WS V City Of 4 Owners within 200'listed on Owners �v COrpUS attached ownership table in opposition LOCATION MAP Christi ..... ....... ......- ........ Persons with disabilities planning to attend this meeting, who a require special services, are requested to contact the Development Services Department at least 48 hours in advance at (3 1) 826-3240. Personas con incnnPrAtindes., ue tienen I intencid asistir a este junta v oue reuieren se icios es eciales. se les suica ue en aviso 48 oras antes_de la_junta Ila no al departamento de servicios de desarroLloal n6mero(3611826-3240. If you wish to address t e Commission duringthe meeting and your English is limited, please call the Development Services epa e t at (3 1) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse la commission durante la juntay su irrgls s li its o° vor a Ila ar I enarta ento de serviclos de desarrollo a ero l361j 2 al menos 48 horns antes de I@ junta oars solicitar un introrete s r reserve urante I iunt CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning i , i ahs petitioned the Cityof Corpus Christi to consider of zoning from t " " Manufactured Home District " " Light Industrial i i the Recreational Vehicle iL resulting in a change to the uture Land The propertyto be rezoned is described as.- Being , Survey 402 ABS approximately988, located on the east side of South Clarkwood Road , of State Highway The Planning Commission y recommend to City Councilapproval or denial, or approvalof an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, i inconsistent wih the City's Comprehensive I , will also have the effect of amending trehensivIanjto-- .1hmml roved The I Planning c issi n will conduct a publichearing fort is r zr s t discuss formulate recommendation to the City Council. The public hearing will be hel on Wednesday, November 15, 2 duringa of the PlanningCommission's regular meetings, which ea i theisCouncil c u c Chambers, 1201 Leopard Street. You re invited to n this public hearing to e express your ri Zis rezoning request. For more information, please call (361) 626-3240. T C R , THIS FORM MUST BE FILLS C...' si .. . 5'bY tHt"bUik ENT PROPERTY' . .E lSJI AN iL IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 76469- 77. ANY INFORMATION VICE BECOMES PUBLIC RECORD. _........, M... . .. .. ........... . .. _. ,,.. , v ,.a_ ,...7,.�.... . ... . .. In-accordance i the Planning Commissiony®L isc s i all be held by a member or members is Commission withn applicant r appellant concerningapplication 1,either at home or office,or In ers , by telephone call or by to er. a Printed Address: Gity/StatIN . 1 r FAVORIN OPPOSITION came: REASON 7 UAP �V' Signature AP ON REVERSE SIDECase No. 1017-01 INFCR Case No.: 17 1029 Contact everly Lang Property Croner II]:I Email: beverlyp@cctexas.com r . i Zoning Case #1017-01 Yiu, Inc. From: "IL" Light Industrial District and "R-MH" Manufactured Home District To: "RV" Recreational Vehicle District City Council Presentation January 9, 2018 Aerial Overview STATE HWY 44 0 o, 'o. I �'Y Subject Property U J n Vanity Map -SLINVICK-RD SH 44, 0 CI n CIR 34 �a Q a�� 1 1 Subject Property at 1 6021 606 and 646 Clarkwood N It0 5 ix ri w. y Y �OMNA RYE W f d :"U 1 Zoning Pattern ME 1 d,I �4-Nat i I'll, ar%l,✓/' � 1fis�9�ijr� RSS; 1 aBP1 p I: i I RS-6. r �Annexeflin as RS-6I , n t /tl. IHde 4 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... III�II S IGR,,v .^rly I lru^ U(^y,'11/rY/M I7 G31 UDC Requirements Buffer Yards: "RV" to "RS-6": I Type B: 10'/10 pts. Development Standards: Rad'DISTRICT Max Fjen;ty(trcaclen/qrc,5s acj 25 Mn Open Space y'3t grsas site area), 8T., Mn.Site Avec�Octi &n..Site Width i!ft.'p 100 Mn Yards(ft.� Street 20 Street(corneae 20 s Side(siingle) 110 Side[BotalllN 20 Rear 115 l Miin.FrafleirSelrcan:ifion Betwween Trca ll-ers 110 rvw,er, rr,a BeB ween7,ailem andStructuress 20 Baaildrn+g ho cacw„ss drfive 5 Min Inteirnalll Acces*,Chive Wdth(ft.� I See 0:'rA(e Planning Commission and Staff Recommendation Approval of the "RV" Recreational Vehicle District so 0 AGENDA MEMORANDUM �oaPo�a k° Future Item for the City Council Meeting of December 19, 2017 1852 Action Item for the City Council Meeting of January 9, 2018 DATE: December 13, 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: Dan Grimsbo, Executive Director of Water Utilities danp@cctexas.com (361) 826-1718 Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Resolution authorizing the City Manager or designee to Issue a Request for Qualifications for an Owner's Representative Wastewater Management Plan Implementation CAPTION: Resolution authorizing the City Manager or designee to proceed with the issuance of a Request for Qualifications (RFQ) for a Public-Private Partnership (P3) Program Manager to act as the City's Representative for the Wastewater Management Program Implementation. PURPOSE: To approve a Resolution authorizing the City Manager or designee to issue a RFQ for a P3 Owner's Representative. BACKGROUND AND FINDINGS: On June 13, 2017, City Council passed a resolution directing staff to implement a modified Option 1 from the Stantec Wastewater Management Plan. The resolution also directed the City Manager to procure future improvements through the most cost-effective financing and delivery plan including, but not limited to, a public private partnership (P3) approach. On July 25th, City Council directed the City Manger to initiate a potential P3 procurement process by publishing a Request for Information (RFI) from potential P3 providers. The RFI would be the first step in a multi-step P3 procurement process. The information received from the RFI was intended to help the City to determine a fit between P3 business offerings and the City's wastewater management needs and to structure the next steps of a P3 procurement. City Council, however, directed the City Manager to delay the procurement of an Owner's Representative until an unspecified future date. On September 29, 2017, Engineering Services published a Request for Information (RFI) No. 2017-04 Wastewater Management Program Implementation. On November 10, 2017, the City received 14 responses to the RFI. A status update on the RFI was provided to Council in a memorandum dated November 16, 2017. It is not clear to staff how much further the P3 process can proceed without the procurement of an Owner's Representative. P3 contracts can be large, complex and high-risk transactions. City Staff does not have the relevant experience to adequately protect the City's interest in such a procurement. Having an Owner's Representative with the relevant financial, legal and technical expertise to help structure a procurement and advise the City through the process is essential to completing a successful procurement and negotiating a fair contract. Staff believes that the procurement of the owner's representative is a necessary and logical next step if Council wishes to proceed with a P3 procurement for implementation of the Wastewater Management Plan. This item is a Resolution authorizing the City Manager or designee to proceed with the issuance of a Request for Qualifications (RFQ)for a P3 Owner's Representative. ALTERNATIVES: Council may choose not to approve the resolution OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This item conforms to City Policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Water Utilities FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: Expenditures 2017-2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered Expended Amount This item BALANCE Fund(s): n/a Comments: None. RECOMMENDATION: Approval of Resolution as submitted. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing the City Manager or designee to proceed with the issuance of a Request for Qualifications (RFQ) for a Public- Private Partnership (P3) Program Manager to act as the City's Representative for the Wastewater Management Program Implementation WHEREAS, in July 2017, staff presented the Principles, Process and Procurement for Public-Private Partnerships (P3) to City Council; WHEREAS, after the presentation, City Council made a motion of direction for the City Manager or designee to proceed with issuing a Request for Information (RFI) from potential P3 providers; WHEREAS, P3 providers have submitted responses to the RFI and are now subject to the City's anti-lobbying provisions; WHEREAS, to fully vet the submitted information and to determine next steps in the P3 process, the City needs to retain an experienced P3 program manager to act as the City's representative. 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 proceed with issuing a Request for Qualification (RFQ) for a P3 Program Manager. SECTION 2. The Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of 2018 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 gyUS c �C H AGENDA MEMORANDUM v First Reading Ordinance for City Council Meeting of November 7, 2017 „oR,oa„Ea Second Reading Ordinance for City Council Meeting of January 9, 2018 1852 DATE: October 23, 2017 TO: Margie C. Rose, City Manager FROM: Miles Risley, City Attorney MilesR@cctexas.com 826-3873 Nueces Electric Cooperative Electric Franchise CAPTION: Ordinance granting to Nueces Electric Cooperative, its successors and assigns, a non- exclusive franchise to construct, maintain and operate lines and appurtenances and appliances for conducting electricity in, over, under and through the streets, avenues, alleys and public rights-of-way of the City of Corpus Christi, Texas PURPOSE: To grant new electric franchise to Nueces Electric Cooperative, with term of approximately 10 years, and ending December 31, 2028, to operate its facilities in the City public rights of way for the transmission and distribution of electric energy. BACKGROUND AND FINDINGS: The most recent franchise with Nueces Electric Cooperative("NEC') was approved on January 16, 1990 in Ordinance 020858. Under the new franchise, compensation for use of the City right of way is to be based on $0.002918469 per kilowatt hour multiplied by the number of kilowatt hours of electricity, in accordance with Section 33.008(b) of the Texas Utilities Code. The blue-green area of the map below shows the NEC service area with the City limits. rr " r i 71 >ro � ".” %4GMp„ i ref m%�V�w(Wr Al a, �r h , Le9�tlse,ze , 6a r UFmrvaarw'Renanrnmuue' xnry yP/ atrumat. NEC Service Area and Corpus Christi City Limits CwP,uacmWu b t } 4 ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The Ordinance granting NEC franchise conforms with the City Charter and state law. EMERGENCY/ NON-EMERGENCY: Non-emergency; two readings; 28-day delay; DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Approval of the Ordinance LIST OF SUPPORTING DOCUMENTS: Ordinance granting electric franchise to NEC Execution Version AN ORDINANCE GRANTING TO NUECES ELECTRIC COOPERATIVE, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE LINES AND APPURTENANCES AND APPLIANCES FOR CONDUCTING ELECTRICITY IN, OVER, UNDER AND THROUGH THE STREETS,AVENUES,ALLEYS AND PUBLIC RIGHTS-OF- WAY OF THE CITY OF CORPUS CHRISTI, TEXAS WHEREAS, Nueces Electric Cooperative, (hereinafter "NEC") has been engaged in the electric power distribution business in the State of Texas and the City of Corpus Christi (hereinafter the "City") for many years; WHEREAS, in September of 2004, NEC opted into customer choice, pursuant to Chapter 41 of the Texas Public Utility Regulatory Act, and by doing so, has the right to offer electric energy and related services directly to retail customers outside its certificated area. By opting into customer choice, NEC became a Retail Electric Provider ("REP") wherein it serviced its members who utilized NEC infrastructure and purchased power from NEC, along with other members who utilized infrastructure of other investor-owned utilities yet purchased power from NEC; and WHEREAS,NEC has operated under franchises from the City for many years and the parties desire a new franchise under the terms and conditions contained herein which provide for a new franchise fee methodology pursuant to Texas Utilities Code Section 33.008 . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Grant of Franchise. Pursuant to Article IX of its Charter and other applicable law, City hereby grants to NEC and its successors and assigns the non-exclusive right,privilege,franchise, and authority to set, erect, construct, support, attach,connect,extend, and stretch Facilities between, and maintain and operate and use lines and other Facilities in, above, under, across, and along the Public Rights-of-Way of the City, as the same now exist or may hereafter be laid out, in the City of Corpus Christi, Texas, for the transmission and distribution of electric energy and services incidental thereto either by means of overhead or underground conductors, with all necessary or desirable appurtenances and appliances, as currently installed or that may be installed in the future, including but not limited to: 1) underground conduits, poles, towers, wires and transmission lines, ducts, cables, braces, guys, anchors, manholes and vaults, transformers, switches, meter-reading devices, outdoor lighting, and fixtures, 2)communication systems and fiber optic cable and telegraph and telephone wires for its own use in its delivery of electricity, and 3) any and all other equipment, appliances, attachments, appurtenances and other items necessary, convenient, or in any way appertaining to any and all of the foregoing (hereinafter "Facilities") for the purpose of transmitting and distributing electrical energy to said City and the inhabitants thereof, and persons and corporations within and beyond the limits thereof, for light, heat, power and similar purposes (and for broadband over power lines as set forth below) and to license or lease space on or within the NEC's poles, conduit and appurtenant facilities for the attachment of third party facilities required or authorized under applicable law. "Public Rights-of-Way"shall mean all Execution Version rights-of-way for public roads, streets, avenues, alleys, sidewalks, highways, and all other public property of the City as the same now exist or may be hereafter laid out,platted,dedicated, acquired or improved within the present limits of the City and as such limits may be hereafter extended; and all utility easements either City owned, controlled or dedicated for the placement and location of various utilities (whether over public or private lands), except those dedicated for water, sewer, gas or other specific purposes only. Public Rights-of Way also specifically includes public parks, public squares, greenbelts, green space, drainage easements, and other areas set aside by the City for public recreation or other public use. The grant made herein is effective only to the extent of the City's interest in a particular right-of-way; it does not grant any interest lawfully owned or retained by another person. This grant does not include the right to use the Public Rights-of-Way to conduct other businesses such as telecommunications or cable television even though electrical energy may be used for those purposes. Notwithstanding the foregoing, the grant herein to use drainage easements is specifically conditioned upon NEC's securing the City's written consent,through its Director of Engineering Services: 1)before any new Facilities may be placed in a drainage easement, and 2)before existing Facilities in a drainage easement may be expanded or altered (does not include normal maintenance). Before consent is granted,the Director must determine that the proposed new Facilities or the existing Facilities as expanded or altered,will not unduly impede the drainage function of the easement and will not unduly impede City access to the easement for maintenance, including mowing. The Facilities will be located as close as feasible to the edge of the easement without creating an encroachment on adjoining private property. From and after the effective date of this franchise, the placement and location of Facilities in public parks,public squares, greenbelts, green spaces, and other areas set aside by the City for public recreation or other public use will be covered under a special permit or specific express easement granted to NEC for such purposes. Facilities existing in those areas at the commencement of this franchise shall be exempted from such requirement. Requests for special permits or specific express easements shall not be unreasonably withheld, so long as the location and placement of the Facilities does not unreasonably interfere with the City's use and enjoyment of the area for public recreation or other public purposes. The right granted to NEC to license or lease space on or within the company's poles, conduit and appurtenant facilities for the attachment of third party facilities shall not constitute a grant by the City to the third party to locate and place facilities in, above, under, across, or along the Public Rights-of-Way nor does it delegate the right to NEC to grant such a right. NEC shall, within a reasonable time following its acceptance of this franchise and to the extent such information is available, furnish to City a list of the names, addresses, phone numbers, and representatives of each person or entity licensing or leasing space on NEC's poles, conduits and appurtenant facilities for the attachment of third party facilities so that City can ensure that each such person or entity has been authorized by City to use City property. For the purposes of this section, "reasonable time" shall not be more than 60 days, unless both NEC and the City agree to extend the period of time as may be necessary for NEC to comply with this provision. NEC will update the list annually thereafter. NEC does not warrant the accuracy of any such information provided, and to the extent locations of attachment and/or locations of Facilities are described or shown, such locations of attachment and locations of Facilities are described or shown in their approximate locations. All information provided respecting attachments and locations of Facilities shall be used by the City solely for auditing and managing the Public Execution Version Rights-of-Way, and City shall take all prudent steps required by applicable law to prevent disclosure or dissemination of such information, without the prior express written consent of NEC. SECTION 2. Term. The franchise granted by this ordinance shall be for a term of approximately ten (10) years, commencing on and expiring on December 31, 2028, at midnight. SECTION 3. Construction and Maintenance Activities. (a)NEC Facilities shall be constructed and maintained in accordance with Good Utility Practices, as defined by the Public Utility Regulatory Commission of Texas ("PUCT"), and in conformity with the National Electrical Safety Code ("NESC") and all applicable federal, state, and local laws and regulations governing operations in the Public Rights of Way, and so as not to interfere unreasonably with traffic over streets, alleys, and sidewalks,the flow of storm water in any gutter, drain, sewer, or open drainage system, or with the City's water,wastewater,storm water and gas utility operations. "Constructed and maintained" includes installation, construction, relocation, maintenance, repair, and removal. (b) The surface of any Right-of-Way disturbed by NEC in the construction or maintenance of its Facilities shall be restored within a reasonable time after the completion of the work to as near as practical to its original condition as before the commencement of the work. Absent some independent intervening event or condition beyond NEC's reasonable control,should the City reasonably determine,within one year from the date of such restoration, that such surface requires additional restoration work to place it in as near as practical to its original condition as before the commencement of the work,NEC shall perform such additional restoration work to the reasonable satisfaction of the City. No Right-of-Way shall be obstructed for a longer period or to a greater extent than shall be reasonably necessary to execute all work. (c) In constructing and maintaining its Facilities, NEC shall not disturb City's street pavement, water, wastewater, gas, and storm water facilities without the approval of the City's Director of Engineering, except during an emergency. Other than its regulatory fees governing excavations, no fees shall be charged by the City for its review and approval, which shall not be unreasonably withheld, delayed or conditioned so as not to unreasonably interfere with NEC's obligation to serve or with customer response time. As soon as practicable after an emergency, NEC shall report the emergency work performed to the Director of Engineering. NEC shall, at its sole cost and expense, refill and repair(including by repaving any cut in any pavement or sidewalk) all excavations made by NEC in the Public Rights-of-Way and all damage to City's streets, water, wastewater, gas, and storm water facilities in connection with the construction and maintenance of NEC's Facilities. Likewise, City shall, at its sole cost and expense, refill, repair and return to grade all excavations made by City in the Public Rights-of- Way and all damage to NEC's Facilities in connection with the construction, maintenance and modification of City's Facilities. Provided,however,the City's liability for damages under this Section 3(c) shall not exceed its limits of liability under the Texas Tort Claims Act. (d) NEC shall contain loose dirt and prevent erosion caused by its construction and maintenance activities, all in accordance with applicable Texas Commission on Environmental Quality ("TCEQ") storm water regulations. Execution Version SECTION 4. Relocations and Securing Facilities. (a) City reserves the right to construct, maintain, and modify its facilities for City operations including streets, curbs, sidewalks, water, wastewater, gas, storm water, and communications for its own use (herein "City Facilities"). City shall give written notice to NEC whenever City has determined that removal, relocation, change or alteration of NEC's Facilities is reasonably necessary for construction, maintenance, or modification of City Facilities. Alteration includes, without limitation, adjusting NEC manholes to a height even with the street surface. The amount of notice provided to NEC shall be reasonable under the circumstances, but not less than thirty (30) days. Upon notice by City, NEC shall, temporarily or permanently, remove, relocate, change or alter the position of NEC's Facilities as soon as reasonably practical. NEC shall bear the expenses for any removal, relocation, change or alteration of its Facilities to permit the widening or straightening of a street, in accordance with Section 37.101(c), Texas Utilities Code. City shall bear the expenses for any other City requested removal, relocation, change or alteration unless applicable state or federal law requires NEC to bear such expenses. Notwithstanding anything to the contrary herein contained,NEC agrees to bear the expenses for any removal, relocation, change or alteration of its Facilities when requested by the City Manager for the City to meet Americans with Disabilities Act("ADA") compliance when and if the PUCT approves a streamlined regulation mechanism for including recovery of distribution investments in rates and the NEC capital investments incurred to meet the City's ADA compliance are recoverable through such streamlined distribution regulations. (b) In situations where City does not require removal, relocation, change or alteration of NEC Facilities, NEC shall take responsibility for securing its poles and facilities during City operations. (c) In situations where NEC is required by the City to remove or relocate its Facilities to accommodate widening or straightening of a street by City,and NEC is eligible under federal, state, county, City or other local agencies or programs for reimbursement of costs and expenses incurred by NEC as a result of such removal or relocation and such reimbursement is required to be handled through the City, NEC's costs and expenses shall be included in any application by the City for reimbursement, if NEC submits is cost and expense documentation to the City prior to the filing of the application. City shall provide reasonable notice to NEC of the deadline for NEC to submit documentation of the costs and expenses of such relocation to the City. (d) As to any removal,relocation, change or alteration of NEC's Facilities whereby the cost and expense thereof is to be borne by NEC in accordance with this Section 4, NEC may, after receipt of written notice requesting such removal, relocation, change or alteration, submit in writing to the City alternatives to City's construction plans, which would obviate the need for NEC to remove, relocate, change or alter its Facilities. Upon the City's receipt from NEC of such written alternatives, the City shall evaluate such alternatives and shall advise NEC in writing if one or more of such alternatives are suitable to accommodate its needs, which would otherwise necessitate removal, relocation, change or alteration of NEC's Facilities. In evaluating such alternatives, the City shall give each alternative proposed by NEC full and fair consideration with due regard to all facts and circumstances which bear upon the economics and practicality of removing, relocating, changing or altering NEC's Facilities. The City shall Execution Version not evaluate alternatives proposed by NEC in an arbitrary or capricious manner. In the event the City reasonably determines that such alternatives are not appropriate, then NEC shall remove, relocate, change or alter its Facilities as otherwise provided herein. SECTION 5. Consideration. (a) For and as full consideration and compensation for this franchise and the rights granted herein and as rental for the use of the Rights-of-Way, NEC shall pay City an amount authorized by Section 33.008(b) of the Texas Utilities Code, currently the product of a factor of $0.002918469 per kilowatt hour multiplied by the number of kilowatt hours of electricity delivered by NEC,through its distribution facilities to its members who receive electricity from NEC within the boundary of its Certificated Area as determined by the Public Utilities Commission (known in NEC bylaws as Class W Members) and whose consuming facility's point of delivery is located within the City, as such charge may be revised from time to time in accordance with Section 33.008(b)of the Texas Utilities Code or any other applicable provision of law regarding franchise fee payments. (b) Payments will be made each month throughout the term of the franchise, with each such payment to be made by electronic funds transfer not later than the first business day of the second month following the month in which deliveries occurred for the billing cycle for that month. For example,payment for May 2016 deliveries,which covers a billing cycle from April 29th through May 28th, would be paid not later than July 1st. With each monthly payment, NEC shall furnish to the City a report that accurately reflects the number of kilowatt hours for the month (meaning for the billing cycle for the month) delivered within the city limits and the charge per kilowatt hour determined in accordance with Section 33.008(b), Texas Utilities Code, or any alternate methodology upon which the parties have agreed payments shall be made. (c) The City shall notify NEC in writing of newly annexed and de-annexed areas. The notice shall include the ordinance number authorizing the action, an appropriate map identifying the areas and documentation of the notice to the State of Texas regarding the annexation or de-annexation. NEC shall have no responsibility for commencing payments to City for kilowatt hours delivered in newly annexed areas until it shall have received City's notification. Upon City's notification and starting the 91"day after receipt of such notice,NEC will commence payments to the City for kilowatt hours delivered in each newly annexed area and will make any appropriate adjustments in payments reflecting over deliveries of kilowatt hours in any prior month resulting from inclusion of kilowatt hours from de-annexed areas in the calculation of the monthly charge. Payments for deliveries in newly annexed areas and adjustments for over deliveries in de-annexed areas shall be made back to the effective date of the ordinance. SECTION 6. Alternate Compensation. (a)Under the authority granted by PURA Section 33.008(f), and in consideration of the City granting NEC a multi-year franchise, City and NEC agree to the possible implementation of a different level of compensation for the use of the Public Rights-of-Way than that prescribed by PURA Section 33.008(b). City shall have the opportunity to enact a factor increase by ordinance once every four (4) years during the term of this franchise, beginning on the date of Execution Version final approval of this franchise ordinance,provided however,the total franchise fee factor may not exceed $ 0.004377703 per kilowatt hour, unless authorized by other law. Upon written notification of City's passage of such an ordinance, in form and substance satisfactory to NEC, approving a tariff for the collection and recovery by NEC of a municipal franchise fee charge equal in amount to the difference between compensation currently authorized under Section 33.008(b), at $0.002918469 per kilowatt hour, plus any incremental factor amount previously authorized by ordinance, basing the charge on the product of the currently authorized total factor multiplied by the number of kilowatt hours of electricity delivered by NEC within the City, and compensation that would be received by the City basing the charge instead on the new, approved total factor, but not more than $0.004377703 per kilowatt hour, NEC and City shall amend Section 5 of this franchise agreement to reflect compensation basing the charge on the new approved total factor,but not more than $0.004377703 per kilowatt hour. The effective date of the increase in the franchise fees shall be the effective date of the recovery mechanism (e.g. tariff schedule) for the collection and recovery of the incremental fee approved by City's ordinance; provided however, payments for such increased fees shall not commence until 90 days after such effective date. (b) The change in the franchise fee rate provided in Subsection (a) above is expressly conditioned upon NEC's ability to concurrently recover the additional franchise fees paid to the City. In the event that the PUCT or a court of competent jurisdiction finds that any portion of the franchise fees calculated in accordance with Subsection (a) above may not be concurrently recovered by NEC from customers or in some manner prevents NEC from recovering said franchise fees,then NEC shall not be obligated to pay to the City any amount above the amount NEC is allowed to recover from its customers. If the PUCT or a court of competent jurisdiction orders NEC to refund to customers any amounts collected for franchise fees paid in accordance with Subsection (a), such amount refunded shall be a credit against future franchise fees owed by NEC to City. (c) In the event any regulatory proceeding before any federal or state agency results in the approval of a more favorable franchise fee amount and/or method of recovery than that provided by the mechanism set out in this Section 6, the City and NEC agree to the further amendment of Section 5 to provide for payment in accordance with such approved franchise fee amount and/or method of recovery. (d) City and NEC agree that NEC may, in its sole discretion, support a legislative or regulatory initiative to provide for the collection and recovery of increased franchise fees, but in any event, NEC will not oppose such an initiative. SECTION 7. Indemnity. (a) NEC shall release,protect, defend, and hold harmless City, its employees, officers, directors, agents and legal representatives from any and all claims, demands, and liability, including defense costs and attorneys fees, relating in any way to damages, claims, or fines arising by reason of or in connection with NEC's, or its contractors', agents', or employees' actual or alleged negligence in the construction, maintenance, and operation of its Facilities in the public Rights-of-Way of the City. Execution Version (b) To the extent permitted by law, City shall release, protect, defend, and hold harmless NEC, its employees, officers, directors, agents and legal representatives from any and all claims, demands, and liability, including defense costs and attorneys fees, relating in any way to damages, claims, or fines arising by reason of or in connection with City's, or its contractors', agents', or employees' actual or alleged negligence in engaging in activities pursuant to the rights granted City in Section 14 and 15 hereunder. Provided, however, the City's liability for an occurrence under this Section 7(b) shall not exceed its limits of liability under the Texas Tort Claims Act. SECTION 8. Assignment. This franchise may be transferred in accordance with Article IX, Section 4 of City's Charter. This franchise shall inure to the benefit of and be binding upon the transferee. SECTION 9. Termination. This franchise may be terminated in accordance with Article IX, Section 5(a) of City's Charter. SECTION 10. Maps. (a)Upon the City's reasonable request, on a project-by-project basis, NEC will provide to the City copies of available maps,plats and drawings in use by NEC showing the location of its Facilities at locations within the Public Rights-of-Way. To the extent possible, NEC will provide such information to City in an electronic format, but NEC shall have no obligation to provide such information in any specific format. As to any such maps, plats and drawings so provided, NEC does not warrant the accuracy thereof and, to the extent the locations of the Facilities are shown, such Facilities are shown in their approximate locations. In addition,NEC and the City agree to share information about additions or modifications to their Facilities that could reasonably be expected to have a material impact on the other. (b) Any maps, plats and drawings and/or other information concerning the location of NEC's Facilities provided by NEC to City shall be used by City solely for management of the Public Rights-of-Way. City shall take all prudent steps required by applicable law to prevent disclosure or dissemination of such maps, plats and drawings and/or any other information to any unauthorized third party, without the prior express written consent of NEC. (c) City and NEC agree to meet annually to share their plans for extension of Facilities to serve the public. The goal of the meeting will be to inform and update one another about projects in order to reduce cost and effectively provide services for ratepayers and taxpayers. Participants will include appropriate planning, engineering, and financial representatives of the parties. Representatives of the Texas Department of Transportation may be invited to attend, as well as other third party representatives,provided NEC and the City mutually agree. SECTION 11. Accounting and Audits. (a) NEC shall maintain adequate books and records relating to the performance of its obligations under this franchise. (b) City may cause, upon reasonable notice, an audit to be made of the books and records of NEC relating to NEC's performance under this franchise only if any such audit Execution Version concerns a payment made less than two (2) years before the commencement of such audit in accordance with Section 33.008(e), Texas Utilities Code, or such other period as may be subsequently established by applicable state law. In the event City elects to exercise its right of audit, City shall provide to NEC written notice at least two (2)business days in advance of the audit. City shall select the auditor. NEC shall make available to the auditor personnel and records reasonably necessary to complete the audit. NEC shall answer questions and provide records or information within a reasonable period of time under the circumstances, including records maintained outside Corpus Christi. City shall bear the cost of the audit; provided that NEC shall bear the cost if the audit reveals underpayment of fees of more than three and one- half percent during the audit period. City and NEC shall meet and attempt in good faith to resolve any disputed issues arising from the audit report. Any underpayments discovered as a result of the audit shall be promptly paid by NEC, and likewise, City shall promptly refund any overpayments discovered. SECTION 12. Underground Electric Distribution Lines. NEC acknowledges the City's desire to promote a policy of undergrounding Facilities within the Public Rights-of-Way whenever possible. The City acknowledges that the Facilities Extension Schedule of NEC's approved Tariff for Electric Delivery Service ("Tariff")provides that electric service will be provided to Retail Customers utilizing construction with standard facilities,which consist of overhead distribution facilities installed above ground. Underground electric connections and conversions from overhead to underground electric connection are specifically considered requests for non-standard facilities for which NEC may require a Contribution in Aid of Construction. NEC currently encourages, and will continue to encourage, the utilization of underground Facilities in new subdivisions and commercial installations within the City. NEC agrees to work with the City to install underground Facilities in all instances where it is practical and economically and operationally feasible to do so, all in accordance with the Tariff and NEC's Underground Distribution Policy. NEC acknowledges that City may adopt an ordinance requiring developers to place residential distribution Facilities underground in new subdivisions. City will notify NEC in writing of the adoption of any such ordinance. After such notification, NEC will not install overhead distribution Facilities in a new subdivision without confirmation from City that City has exempted the installation from the City's undergrounding requirement. For purposes of this paragraph, "underground" Facilities do not include primary feeders or other lines of a similar nature and function that comprise NEC's distribution infrastructure. SECTION 13. Vegetation Management NEC shall have the right, consistent with its Tariff, to cut, trim, treat and dispose of trees and other vegetation upon and overhanging the Public Rights-of-Way of the City in the vicinity of NEC's Facilities where such trees and other vegetation, in NEC's reasonable opinion, constitute a hazard to NEC's personnel or Facilities, or the provision of continuous electric service. SECTION 14. Access to City Facilities. Execution Version Upon reasonable advance notice by the City,NEC grants to City the right to cross NEC property to access or maintain City Facilities, provided such access shall not unreasonably interfere with NEC's maintenance and operation of its Facilities or adversely impact site safety and/or security, and that determination shall be at the sole discretion of NEC. SECTION 15. Attachment of City Facilities to NEC Poles. NEC grants to City the right to attach lines for City purposes to poles and other Facilities used by NEC for distribution purposes, provided City agrees that such grant shall be in accordance with and subject to the terms and provisions of an appropriate Pole Attachment Agreement,Wi-Fi Agreement or other such agreement covering attachments to NEC Facilities. SECTION 16. Extension to City Property Line. Consistent with the Facilities Extension Schedule of NEC's Tariff,NEC will ensure that reasonable consideration will be made to minimize the cost to the City for new distribution line extensions installed for the City and located inside city limits as well as for conversions from overhead to underground electric connection for existing lines within the city limits. SECTION 17. Compliance with Law; Police Power. NEC shall carry out operations under this franchise in compliance with all valid and applicable federal, state, and local laws, and NEC specifically agrees to comply with the provisions of any such City promulgated laws or regulations, provided that any such City promulgated laws or regulations shall not be in conflict or inconsistent with the express terms and conditions of this franchise and shall not conflict with the laws of the State of Texas or the laws of the United States of America. Nothing in this franchise shall be construed to contract away any City police power to regulate and legislate to protect and promote the public health, safety, and welfare. SECTION 18. Venue. For proceedings and actions other than those required to be conducted before the Public Utility Commission of Texas ("PUCT"), venue for actions concerning any matter or controversy growing out of or incident to the duties and obligations in this franchise shall be the State courts of competent jurisdiction of Nueces County, Texas, unless Texas law requires a matter to be submitted to a particular regulatory body or court outside Nueces County. SECTION 19. Notices. All notices or other communications hereunder shall be made in writing and may be delivered by hand delivery,United States mail, overnight courier service or facsimile to the addresses set forth below. Notice by facsimile or hand delivery shall be effective at the close of business on the day actually received, if received during business hours on a business day, and otherwise shall be effective at the close of business on the next business day. Notice by overnight United States mail or courier shall be effective on the next business day after it was sent. Notice by United States mail (other than overnight mail) shall effective three business days after it was sent. A parry hereto may change its address by providing notice of same in accordance herewith. To City: City Manager, City of Corpus Christi, P.O. Box 9277, Corpus Christi, Texas 78469-9277. Fax number: 361-880-3839. Execution Version To NEC: Chief Executive Officer, 14353 Cooperative Avenue, Robstown, Texas 78380. SECTION 20. Captions. The Captions contained in this franchise are for convenience of reference only and are not intended to restrict, affect, enlarge or be of any weight in the interpretation or construction of the terms and conditions of this franchise. SECTION 21. Waiver. Failure of either parry to require the performance of any term in this franchise or the waiver by either party of any breach of this franchise does not prevent subsequent enforcement of such term and is not deemed a waiver of any subsequent breach. The recitation of specific remedies in this franchise does not waive the right of either party to enforce this franchise by initiating legal proceedings to seek or obtain judicial enforcement of the other parry's obligations by means of specific performance, injunctive relief or mandate, or any other remedy at law or in equity. SECTION 22. Entire Agreement. This franchise contains the entire agreement of the parties and supersedes all prior and contemporaneous agreements and understandings, oral or otherwise, among the parties with respect to the matters contained in this franchise. SECTION 23. Amendment. This franchise may be amended only by written agreement of NEC and the City in accordance with the City's Charter. SECTION 24. No Third Party Beneficiaries. The City and NEC are entering into this franchise solely for their own benefit and nothing herein shall be construed to confer any right,privilege, or benefit on any person or entity other than the City and NEC. No action may be commenced or prosecuted against any parry by any third parry claiming as a third parry beneficiary of this franchise agreement. The franchise agreement shall not release or discharge any obligation or liability of any third parry to either parry. SECTION 25. Requests for Confidential Information. In the event the City receives a request for the release of information provided by NEC, that is characterized in this franchise agreement as confidential or is characterized in writing by NEC as confidential when it provides the information to the City,the City shall follow the procedures in the Texas Public Information Act for requesting a Texas Attorney General's Opinion regarding exemption of the information from disclosure and shall provide NEC with a copy of the request for the release of the information and a copy of its request to the Texas Attorney General asking for the opinion regarding exemption of the information from disclosure. If requested to do so, the City will provide information available to it and other reasonable assistance to NEC to assist NEC in establishing that the information is exempted from disclosure. SECTION 26. Severability. 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; provided, however, that this paragraph does not apply should the compensation provided to City hereunder be held invalid Execution Version by final judgment of a court of competent jurisdiction after all appeals, if any, and City may in that event declare this franchise null and void. SECTION 27. Publication. Publication shall be made as required by City's Charter. SECTION 28. Acceptance. In order to accept this franchise,NEC must file its written acceptance within 30 days after final passage by the City Council of City. If the franchise is not accepted within 30 days, this ordinance shall be null and void. SECTION 29. Effective Date. Subject to Section 26, and provided NEC accepts the franchise by the filing of its written acceptance, this franchise ordinance shall take effect sixty (60) days following its final adoption by the City Council in accordance with the City Charter. Execution Version 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: Mayor 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 to its second reading on this the day of 2018, by the following vote: Mayor 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 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor INFORMAL STAFF REPORT MEMORANDUM TO: Margie C. Rose, City Manag et- Fi-oin: Miles Risley, City Attorney" , Date: Novenibet-9, 2017 aalaject, Ability of City to u-equire as Utility to install its Electricityr Lines Unnalerg t-ound lssaae/Pi-alaleuaa: Is the City Council aauthcurirccl to modify the Nucces Electric Coop (NIC") franchise aagryreeuaacuat to require tlae underground installatican cif"utility lilies`? Background:nd: Ila tine City Council Meeting of November 7, 2017, as City Council until uaueuuaber collsidcring approval of the Pu°tafutused franchise agreement for NEC asked whether unticrg;ru.uunclinP„ could be mandated in said agreenacuat. 'T lie Tc as Public Utilities Commission (PICC) has asserted Jurisdiction over auracleu'gyu°tuauuaclin "1`he h^"iu xal Order in tile case caf/lrywcrt r „C"cnter oira! ";lr r j" Houston h�"1cell rc��, 11c,fi.r, n an C r(Jiauaanc°e o 't�'ut: C"i{a, a�J'Leaa,�rue C ii.y, �7"u°.���ra.� caaaa�1 1f,�jr1iC(11iaauu.fiw 1)e(,1(,,a'aatcar,t" Re ' P �C�., Dockel No . 45259 (September 29, 2017) determined that as City may not require a utility to engage ill as nonstandard service, su clI aas uuastalling, its distribution limes underground, In making its order, the PUC;' anatle extensive findings of` fact that made it clear that the PUC was hostile to municipal rccluircuicuats for nonstandard electric utility lacilitics, such as aun erg ro nchnP.' Conclusion: No. All unclerg;rouncf ing7 requirement could not be Placed on NEC. 1-o"a cvcr, the proposed NEC" f-aanchise agreement currently aaaltllorizcs the City Council tcu a•ecicaire developers to instaall future electric lilies underground within new residential SLIb liviSion,s. Tile City has, pot established such a requirement in its Uniiirrna Development Cock. Tile proposed NEC" franchise agreement does not authorize the City to establish a requirement for tlae a undergruundingg of "priniau.ry feeders or either lilies of'au similar nature and function that comprise NEC"'s distribution infi•aastrcuctuure". Such a u°eclauireuaaent would lie l,areerriPtecl ley "texas' I'Liblic bltility Regulatory Act (l URA), °I'lac °lc aas Public Utilities Counaaaission haus prohibited nacuuaicataalitics from requiring utilities to install their utility lilies underground at utility expense. K:\[,q,a1VS H A R HD%,Mimi 14 ojens\;C0.M 17+ MOtmp'"I.fd itla'IvAyIetauhim,UoldeESSrmill(14 fig.d of End Notes I The PUC findings in Appeal of Centerpoint Energy Houston Electric, LLC from an Ordinance of the City of League City, Texas and Application for Declaratory Relief, PUC Docket No. 45259 (September 29,2017) included the following specific determinations: • A comprehensive and adequate regulatory system for public utilities requires consistency and does not contemplate patchwork regulation that would result from cities adopting general zoning ordinances or specific ordinances for subdivisions that create deviations from Commission-approved tariffs. In Re Entergy Corp., 142 S.W.3d 316, 323 (Tex. 2004); City of Corpus Christi v. Public Utility Commission, 51 S.W.3d 231,236 (Tex.2001); City of Allen v. Public Utility Commission of Texas, 161 S.W.3d 195,208-209(Tex.App.—Austin 2005,no pet.)(City of Allen). • PURA has completely occupied the field of utility regulation. A municipality's authority to regulate a utility's rates, operations, and services, whether directly under PURA § 33.004, or indirectly via general zoning regulations or specific zoning regulations pertaining to subdivision development,emanates entirely from PURA,and not from any grant of authority under the Texas Local Government Code. City of Allen; Appeal of Oncor from an Ordinance of the City of Allen, Docket No. 25429 (May 12, 2003);Application of Texas Utilities Electric Company to Obtain a CCN for the Trophy Club—Coppell—Euless 138-kV Transmission Line;Appeals of Brazos Electric Cooperative, Inc., Tri-County Electric Cooperative, Inc., and Texas Utilities Electric Company of an Ordinance of the Town of Westlake, Texas; Appeals of Texas Utilities Electric Company and Brazos Electric Power Cooperative, Inc. of an Ordinance of the Town of Trophy Club, Texas, 12 P.U.C. Bulletin 102 (Feb. 6, 1986); Appeal of TXU Electric Company from an Ordinance of the City of University Park and Request for Interim Relief Docket No. 33742(Oct. 24,2007). • The definition of service in PURA encompasses the mandates of the ordinances at issue in this docket to construct distribution facilities underground, to construct transmission structures using steel structures, to use concrete and steel poles and structures in specific locations, and to use specific infrastructure and screening for utility infrastructure. • Requiring by city ordinance that retail customers and developers request nonstandard electric service under CenterPoint's tariff, and requiring that the requesting customer or developer pay for the difference in cost, does not in itself violate CenterPoint's tariff,PURA,or the Commission's rules. • Sections 102-6(5)(b), (d), and (e) and 98-159(f) of the city's [League City] Code of Ordinances unconditionally mandate that facilities be constructed and placed, and service be provided, in a manner that directly conflicts with CenterPoint's tariff. • A plain-meaning reading of sections 102-6(5)(b), (d), and (e) and 98-159(t)of the city's Code of Ordinances is that they are directed at utilities because only utilities would install the utility facilities mentioned in those sections. However,municipalities cannot require utilities to pay for nonstandard facilities,which would then be subsidized by all ERCOT ratepayers,in violation of a utility's tariff,PURA,and the Commission's rules. • Municipalities cannot require utilities to grant requests for nonstandard service since CenterPoint must be able to deny requests under its tariff.To the extent that the ordinances at issue in this docket direct CenterPoint to act in a manner that violates its tariff,they are void. • The Commission has exclusive appellate jurisdiction to review a city ordinance from a city exercising exclusive original jurisdiction over the rates, operations, and services of utilities operating within its city limits. PURA § 32.001(b). • To the extent that the following provisions of League City's Code of Ordinances require a utility (and therefore ERCOT ratepayers) to pay for nonstandard facilities or grant nonstandard-service requests contrary to the utility's tariff, the provisions violate PURA, the Commission's rules, and CenterPoint's tariff and are void: section 102-6, subsections 1-4;section 102-6,subsection(5)(a),(b),(c),(d),and(e);and section 98-159,subsection(0. K\Legal\SHARED\Admin Prolects\2017\CM Report-Electricity Franchise Undergrounding doc SC o� � AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of January 9, 2018 "cis52Ea Second Reading Ordinance for the City Council Meeting of January 16, 2018 DATE: November 21, 2017 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Accepting 4 grants totaling $141,817.88 from the Texas Office of the Governor— Homeland Security Grant Division. CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept 4 grants totaling of $141,817.88 from the Texas Office of the Governor — Homeland Security Grant Division, Homeland Security Grant Program for training and equipment; and appropriating $141,817.88 from the Texas Office of the Governor — Homeland Security Grant Division, Homeland Security Grant Program into the No. 1062 Fire Grants Fund to carry out homeland security projects. PURPOSE: The Texas Office of the Governor— Homeland Security Grants Division has informed the City of Corpus Christi that our jurisdiction has been awarded four (4) grants totaling $141,817.88 from the Homeland Security Grant Program (HSGP). The purpose of the grants is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. A need analysis was conducted and specialized equipment was identified before applying for the grants. When the special equipment is purchased it will be distributed to the appropriate departments. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of ordinance to accept and appropriate grant funds. EMERGENCY/ NON-EMERGENCY: Staff is requesting a non-emergency reading to this routine, non-controversial item. DEPARTMENTAL CLEARANCES: Legal Finance— Grants and Office of Management and Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $141,817,88 $141,817,88 BALANCE $141,817,88 $141,817,88 Fund(s): (Do not list Accounting streams, use names of accounts) Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to accept and appropriate 4 grants totaling $141,817,88 for the purchase of special terrorism prevention equipment. LIST OF SUPPORTING DOCUMENTS: 1) Ordinance Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept 4 grants totaling of $141,817.88 from the Texas Office of the Governor— Homeland Security Grant Division, Homeland Security Grant Program for training and equipment; and appropriating $141,817.88 from the Texas Office of the Governor— Homeland Security Grant Division, Homeland Security Grant Program into the No. 1062 Fire Grants Fund to carry out homeland security projects 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 4 grants totaling of$141,817.88 from the Texas Office of the Governor— Homeland Security Grant Division, Homeland Security Grant Program (HSGP) for law enforcement terrorism prevention activities. Grant Number 3405101 Dive Training $67,555.80 Grant Number 3402801 Firefighting Training $36,465.00 Grant Number 3336001 Emergency Management & Homeland Security Training $28,783.00 Grant Number 3403401 K9 Unit Equipment $ 9,014.08 Section 2. That $141,817.88 from the Texas Office of the Governor— Homeland Security Grant Division, Homeland Security Grant Program is appropriated into the No. 1062 Fire Grants Fund to carry out homeland security projects associated with each grant that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 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 , 20187 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor se o� � AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of January 9, 2018 "cis52Ea Second Reading Ordinance for the City Council Meeting of January 16, 2018 DATE: November 6, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services BiIIG@cctexas.com (361) 826-3268 Amending the Code of Ordinances to Allow a Third-Party Inspection Reporting System CAPTION: Ordinance amending Corpus Christi Code of Ordinances, Sections 14-281 & 14-291 authorizing third-party inspection reporting system for backflow preventers; authorizing the execution of one year auto renewing agreement with Brycer, LLC, of Warrenville, IL for a third-party inspection reporting system; providing for penalties and publication. PURPOSE: In accordance with the adopted Plumbing Code of the City of Corpus Christi, the City of Corpus Christi Development Services Department requires annual test and maintenance (T&M) certification reports for all backflow assemblies, with the exception of residential irrigation backflow assemblies which are required to be tested and certified every three years. We propose to have State licensed Backflow Assembly Testers upload T&M certification reports for backflow assemblies into the Brycer database for review and approval by Development Services staff. Brycer will be responsible to maintain the database and send written notifications to Owners of backflow assemblies when T&M certification reports are due. BACKGROUND AND FINDINGS: The City of Corpus Christi Fire Department recently entered into a contract with Brycer, LLC to provide database management services for all annual fire inspection reports. Many of these businesses are required to have annual T&M certification reports, similar to those required by the Fire Department. We desire to use Brycer to align with the Fire Department thereby providing a single entity for database report management consistency. The existing City backflow assembly database tracks approximately 15,000 individual devices. Department administrative staff upload information from each T&M certification report, manage the database and send written notifications to Owners of each device. Third party contracting with Brycer for database management and written notification to Owners will reduce the administrative burden on Department staff and allow existing staff to be reassigned to other Department functions. ALTERNATIVES: Maintain current City database and notification process using Department staff. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Council approval of ordinance to allow for a third-party inspection reporting system. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Legal Department Purchasing Department FINANCIAL IMPACT: ❑ Operating 0 Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $120,000 Encumbered / Expended Amount This item $78,000 BALANCE $42,000 Fund(s): 4670 — Development Services Comments: We do not anticipate the loss of revenue to significantly impact our operating budget. RECOMMENDATION: Staff recommends approval of this ordinance to execute a contract with Brycer, LLC to allow for a third-party inspection reporting system. LIST OF SUPPORTING DOCUMENTS: Ordinance and Contract Ordinance Amending Corpus Christi Code of Ordinances, Sections 14-281 & 14- 291 authorizing third-party inspection reporting system for backflow preventers; authorizing the execution of one year auto renewing agreement with Brycer, LLC, of Warrenville, IL for a third-party inspection reporting system; providing for penalties and publication WHEREAS, Corpus Christi Development Services Department is currently responsible for tracking the inspection, testing, and maintenance of Backflow Prevention Assemblies within the City of Corpus Christi. Annual testing and maintenance (T&M) certification reports for all backflow assemblies, with the exception of residential irrigation backflow assemblies, are required to be tested and certified annually. WHEREAS, third party providers can provide simple internet based tools that Development Services can use to track and drive code compliance, comply with Texas Commission on Environmental Quality regulations, provide a safer community, and facilitate a more efficient review, tracking, and follow-up process with occupants to correct deficiencies and maintain systems. WHEREAS, Backflow Prevention Assemblies require annual testing and inspection for all Commercial and Residential devices with the exception of Residential Irrigation Backflow Prevention Assemblies which are required to be tested and inspected every 3 years. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The Corpus Christi Code of Ordinance, Division 7, Plumbing Code Section 14- 281 (11), subsection 312.10.1 is amended by adding the following language that is underlined (((.d d°,�gd°) and deleting the language that is stricken (de4eted) as delineated below: 312.10.1 Inspection and Testing. Residential irrigation backflow prevention assemblies shall be tested at time of installation, immediately after repairs, and at least once every three years. Reduced pressure principle backflow preventer assemblies, double check-valve assemblies, pressure vacuum breaker assemblies, reduced pressure detector fire protection backflow prevention assemblies, double check detector fire protection backflow prevention assemblies, and spill proof vacuum breakers that are not part of a residential irrigation system shall be tested at the time of installation, immediately after repairs or relocation and at least annually. All testing and certification shall be performed by a state-licensed Backflow Prevention Assembly Tester. The Backflow Prevention Assembly Tester must file an original copy of the initial test certification and each annual certification with the building official within ten (10) days of the testing. The testing procedure shall be performed in accordance with one (1) of the following standards: ASSE 5013, ASSE 5015, ASSE 5020, ASSE 5047, ASSE 5048, ASSE 5052, ASSE 5056, CSA B64.10 or CSA 64.10.1. Il ndd, 1 b i d 11'1 � ril r �i i r I I gg�g� ..........lilil""Ii "a)?, ilil,�ll,"Itlllll�,�����Illlzlllllell�'ll""I'llall'I'll",'ll't�,�llillill"��id111,111,11",p,g[!y, I il""IlS��2,2,gl�,�Ill'oI,") 11,11,11,gp2�E!�,�ll,lilil" g p[gscr�Lied rec2ild,,ee'209:: Section 2. The Corpus Christi Code of Ordinance, Division 8, Residential Code, Section 14-291(12) subsections P2503.8.1 is amended by adding the following language that is underlined (gd,,,�d,gd) and deleting the language that is stricken (de4eted) as delineated below: P2503.8.1 Testing and certification of backflow devices. The owner of any reduced pressure principle backflow preventer, double check-valve assembly backflow preventer, double-detector check-valve assembly backflow preventer, or pressure-type vacuum breaker assembly backflow preventer must have the backflow device tested and certificated by a Backflow Prevention Assembly Tester before a backflow preventer is placed in service and annually thereafter to ensure its proper operation. The Backflow Prevention Assembly Tester must file a copy of the initial and each annual certification with the building official within ten (10) days of the testing. he bi'Jdling gg�g gff�C4� '�riay ii&lllze a thjird pg[jy in's I I )eirecoirdI"eel 29 Section 3. The City Manager or designee is authorized to execute a one year auto renewing agreement with Brycer, LLC of Warrenville, IL for a third-party inspection reporting system with option to terminate with notice at least 90 days prior to auto- renewal. Section 4. Penalties are as provided in Section 1-6 of the Code of Ordinances. 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 this purpose. Section 6. This ordinance takes effect after official publication. Section 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 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 , 20187 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor BRYCER,LLC 4355 Weaver Parkway Suite 330 Warrenville,EL 60555 July 28,2017 City of Corpus Christi Cross -..-Connection Control& Backflow Prevention 2406 Leopard St Corpus Christi,TX 78408 Attn: Mr. Gene Delauro Re: "TheCompliance E ............ Dear: Mr. Delauro We look forward to providing you mith "The Compliance Engine"' (tile "Solution"), This proposal letter provides the basic terms by which Brycer, LLC ("Brycer") will provide you. City of Corpus Christi Cross — Connection Control & Backflow Prevention (""Client"), with the Solution. The use of the Solution and all matters between Brycer and Client will be subject to the standard "Terms and Conditions"attached to this proposal as Exhibit A. The basic terms are as follows- i. Term: Brycer will provide Client with the Solution for one year, commencing (the "Initial Term"). Thereafter, the Term shall automatically renew for successive one year period unless terminated by Bryer or Client in %�riting at least 90 days prior to the expiration of C the then current Term (each, a '"Rene"al Term" and together with the Initial Term, the "'Term"). Following the expiration or termination of the Terrn (as provided in the Terms and Conditions). Client shall stop using the Solution; provided. however, Brycer shall make available, and Client shall have the right to download, Client's data from the Solution for a period of 60 days after the expiration or termination of the Term. Client shall have the right to terminate this agreement upon giving 90 days written notice to Brycer.2. ?M Fees: Client shall not pay any fees for use of the Solution. Brycer will collect $20 Backflow prevention device test filing fee established by Corpus Christi Code of Ordinance 14-13313 due and payable by third party inspectors in connection with activities relating to the Solution (the "device test filing fee"). Upon receipt of a device test filing fee, Brycer will remit to Client the amount by which such device test filing fee exceeds the amount of$13.00 due and payable to Brycer in connection with such third party inspector's use of the Solution, which may be amended from time to time upon the written agreement of Brycer and Client, Brycer will remit payment to Client on a quarterly basis. Upon amendment of City Ordinance 14-1313, Brycer will adjust the amount collected to the amount provide by City ordinance. 3. B jmd&LRes ponsibilitiej: During the Term, Brycer shall be responsible for the following in connection with Client's use of the Solution: Availability. Brycer shall make the Solution available to Client as set forth on Exhibit Bo The maintenance schedule and minimum service levels for the Solution are set forth on Exhibit B. 2232885/3/13399 000 Service Level, Brycer shall provide commercially reasonable levels of customer service with respect to the Solution to all third parties who transact business with Client and access the Solution. Backup. Brycer shall backup the database used in connection with the Solution to a separate server located within the same web hosting firm which the Solution is being hosted on a real time basis. Upon request by Client (which can be no more than once a month) or made prior to or within 60 days after the effective date of termination of the "Ferm, Brycer will make available to Client a complete and secure (i.e. encrypted and appropriately authenticated) download file of Client data in XML format including all schema and attachments in their native format. Btycer shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Client data. Brycer shall not(a) modify Client data or(b) disclose Client data except as required by law. Retention of Information. Brycer will maintain all information entered into the database by third party inspectors for at least five (5) years from the time such information is entered into the database. Notices. Brycer will be responsible for generating and delivering the following notices to third parties in connection with the Solution: (a) reminders of upcoming inspections that are due; (b) notices that an inspection is past due; and (c)notices of completed inspection reports which contain one or more deficiencies. Call Center Phone calls by Brycer on behalf of the Client to the property for EACH life safety system overdue for service based on dates automatically tracked within the TCE database. Brycer is not an agent of the Client and all scripts for the overdue calls will be approved by the Client. Updates and Enhancements. In the event Brycer releases an), updates, corrections, or enhancernents to the Solution during the I erm, Brycer shall promptly provide such updates or corrections to Client free of any charge or fee. 4. Client des arnsibilities: During the Term, Client shall be responsible for the following in connection with Client's use of the Solution: Operating Vyslein. Client shall be solely responsible for providing a proper operating environment, including computer hardware or other equipment and software, for any portion of the Solution installed on the Client's equipment(the"Client Access Software") and for the installation of network connections to the Internet. In addition to any other Client Access Software requirements, Client must use version Internet Explorer I I.0, Edge, Firefox version 37, Chrome 40 or Safari 7.1 (or more recent versions), in addition to having a pdf reader installed on machines to view attachments. Training. Client shall allow Brycer at Client's facilities to train all applicable personnel of Client on the use of the Solution. fi!formation. Client shall promptly provide Brycer with all appropriate information necessary for Brycer to create the database for the Solution., including without limitation- * (a) all commercial building addresses within [jurisdiction] for Brycer's initial upload; and(b)quarterly updates to in a format acceptable to Brycer in its discretion. Enforcement. Client shall take all actions necessary to require in writing(e.g. resolution, ordinance, fire policy, code amendment)the use of the Solution by third party inspection companies. Reports. Client will require all compliant and deficient test results to be submitted. 5. Ownershi n4 gat . Client owns all the data provided by Client and received from third party contractors for Client. Brycer shall maintain appropriate administrative, physical and technical safeguards for protection of the security,confidentiality and integrity of Client's data. 2232885/310399 000 Please acknoMedge your acceptance of this proposal and our standard Terms and Conditions by counter-signing this proposal belo%%. We look forward to a long-term and mutually beneficial relationship with you. Brycer, LLC By: .................... .............................. Its., Acknowledged and Agreed to this ................... —day of. 20 JCLIE NTJ By: Its: ILI 3-17 Approved as to form:- 13Y--- Assistant City Attorney For City Attorney 2'.L�288513/13399 000 Exhibit A Terms and Conditions Any capikolized tcrrns not defined in these Tenns and Condi"ficins shall ha- tile atealung assigned to it in that certain [,eller AgircinncrH allached hereto by and between Brycer,LLC and Client(the"Agreentent), I Rgq..t.j _.Ij2qjgn Ujq, Cilient shafl not copy,distribute,create derivative works ofor modify the Soltifion in arty way. Cilent agrees th=(a)it shall only perrnit hs officers and emoovees(collectivelly,the"Authirrized Users-)to use the Sohnioll for&benefit of Clilient;(b)it shall use corrunercWily reasonable effibis to prevent the unauthorized use or disclosure ofthe Soluttow(C)it Shah not sell,resefl,rent or lease the Sohstion (d)as shall)not use the Solution to store or transinlit infrhigiing or othenviise ulftwfull rear tortious imamergal,or to store or uaitsmir material Ht viogatlon of third party rights;(e)ftshaH not inwrf�re with or disrupt the integrity,or performance ofthe Solution or fltird-parl% data contained therein.,and(f)it shall not reverse engineer,translare,chsassenibie,decompile or otherwise attempt to create any source code which is derived front the Sohifion. Client is lesponsible for all actions taken by the Autho6zed Users in connecrion with the Sollution, All right, tuh: and inierest amu and to die Sohstion and any and afl derivative works or modifications thereof(the "Derivative Works"), and any acconipartying docuntentation, rnuu uMs oT ohwr'nurtefials used or supirlied under this Agreement or widil respect to flie Solution or Derivative Works(the"Docurnentafion"),and any reproducttons works made Lhcreof,remain with Br shali not remove any product identification or nofices of such pro yeer. (1lent prietari rights Front the Solicnion, Client acknowiledges and agrees that, except for mine firrifted use rights established hereunder. Chem has no right,fifle or interest in [he Sohifion,the Derivative Works or the Dricumentaiton, 1 Indep sgventureruofing iihe Arcernetut gnay be emrstrued or interpreted as couslutifing clither part.), hereto as the Tiactit,.........prinipil,empoyeorjninof the oiherEach trf(Aierit and Brycer is an independent contractor, N60ter may assume,caher'direally or inifirecth',any lihity of or for the other party. Neither party has the anshority-to bind or olikgrite Ow other party and neither party may represent that it has such authofiRy 4 R 9. _ b!5. [.1rycer reserves tire right, in iits solie discrefion and with p ficir notice to Chent, to discontinue, add, adapt, or othcrwtse modiCy any design or specificafion offfic Saitifion amus fox Brycer's policies, procedures,and wequireffleflits specified or rchated hereio. AH rights[lot expressly granted to Client an reserved to Brycer, including it"^fight to provide alt or any part or he Sollulion w other parties, 5. kl�g QfjLggq�., During the tern of this Agreement,ii sill i have the fiet i to use Cl ient Is log s for the purpose of providing the.Solution to 6. Confiderflks �LifQmiatL and agree that in pnwidlng theSolution,Bir%cer and Cheat,as the case rnay be. M te, n, Br% cnd Chent acknowlefteplaydslose 10 the her party certain confidoiliall, rimpriortrade secret infiamialion ("Confidential Infortnadon"), Confidenuallhilbrniation inay inclubut is not ikinked to,the SWulion,computer prograrns, flowcharts,diagramis,rnanutds,schonatics,devOoprrwnt t-lls,specificatfions,design documents,triarketirm information,financial infiurnafion or busuness plans, Each pany auces thni it wOl not Without the express prior written consent of the other pany,dis6ose troy Conifideinfiall gnft)rnuairrn or any pan flie'reofto any third pany. Cotfillentiall h6mlaiion exchides information! (a)that is oir becornes genegafly avaHabic to the public throu- irdbilly received by the�ecelvjue itarry 1rurn a third party Ufthout lilnitafion 6 to its rrse�'or qc)that is independenfl) pariy�(b)that is fig ,It no fault of the receivnig develloped by reed viing par Hy%vithout use of any Con-fidential t n forn lattort At mine tertnkiiation oflhisAgTeernerit,each part),wfll irettuummtt the other party ofil Confidential Inforniation of die offier pany. Each party also nParees that it shall not dupficatc, lxarOarr, niodd). copy. prinunn,dNasseFrible,decornpHe or offierwise tamper with wry Confidenfial hiformation of die other party or any firmware.,circlut borad or soffivare provided therewifli.Notv�fthsurnding the foregunig,dNe partues acknovAedge that Cilintl shah be perniftted to cornpy whh any all federal and state Laws concerning discliustare, T. B.Ji��aLMW4wt%- Brycer represents and warrants to Chent that Brycer has all rights necessary in and to wry parent,copyright,trademark-, service nark or other inaeiiiectkuW property Hght used in,or associated with,the Solution,and that Brycer is duly arri.horized to enter into this Agreement and provide the Sithifion 0 Client pursuant to this Atreernera. & J)� l 1pLier, AN information entered into Brycer's database is produced by t1urd party inspectors and their agcnts. THEREFORE, BRVCER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR %VARRANTY AS TO TuE ACCUP,%CY OR COMPLETENESS OF ANY IIINFCDRMATION ENTERED INTO BRYCER'S DATABASE BY EITHER CLIENT OR THIRD PARTY INSPECTORS. E'XCEPT AS SET FORTH IN R�-,-MXX�7.Iii MAKES NO OTHER WARRANTY,I-,XPjtESS OR EMPLIED,wall RESPECT'TO"iiw SOLUTION OR ANN'OTHER INFORNIATION AND BALI,OTHER WARIbA,N`.rlES, WHETHER EXPRESS OR IMPLIED,ARE HEREBY DISCLAINIED,INCLUDING,WITHOUT LINIFTATION,THE ENHAIJED )VARRAINMES OF NTERCIIAN-17ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BRYCER'S SOLE LIABILITY FOR BREACH OF THE REPRES1ENTNTION AND WARRANTY SET FOIC141 IN 5 ffiC-_fff),N 1, AND CIAIEN-llf'S SOt.11l,- REMEDY,SILIALL,BE THAT BRYCER SHALL INDEMNIFY AND 111101,D RECIPIENT HAll FROM AND AGAINST" ANY i-oss, surr, DAMAGE, CLAENT OR DEFENSE ARISING OUT OF BREACH OF nfE TIEPRESENTATUDN AND WARRA,NTY. 9. UNI_Q-TION UAGF&EXCEPT AS OTHERWISE PROVIDED IN, ENNO EVENI'SHALL BRYCER BE MI.)�A, LIABLE FOR OR OBLIGATED IN ANY NNIAINNER FOR SPECIAII, CONSEQUENTIAL, OR INDIRE(.7f DANI AGES, INCLUDING, ll NOT LIMITIED TO, 1,OSS OF USE, LOSS OF' PROFITS OR SI'STEM DOWNTINM CLIENT ACKNOWLEDGES ANY) AGREES THAT IN NO CASE SHALL BIRIVER 'S LIABILITY FOR ANY LOSS OF DATA OR DATA INTEGRITTa"EWIKED,ii REPLACENIEN'r cosr OFTHE MEDIA ON 1111101 TIRE DATA WASS-FORED. 10. Risks in e it to jqLmS.t. Client acknowkdges thar, (a) the Internet is a worldwide inetwork of computers,(b) communication oma die intemet may,not Femme cure,(c)die Intentei is beyond the contral of'Brycer,and(d)Brycer does not own,opeMe or manage the Internet, Client also acknowledges that there are inherent risks assGcitrted with using the Solutiian,irtchtding but not Imifted to the risk oftireacilt of securhy,die risk ofexposure to cornputer viruscs and the risk ofinterception,&1ortion,or loss ofcomirrunications, Chew assunlei these 22328850113399DOO rWo�knowlngly and vcllunrwifv and hideannifies and hiAds Brycer hsrnness Morn aAl�rahifitY fTOM all such risks, Not in Nnutlition Of ibe ,orego�ng.Client hereft assur' vres the rkk,mid Brycer shah have no res�iimsubifity or liability of any Lind hereunder, for-(1)effors in the Sollution resufting hoin inisusc,as the revisron,rnodificafion,or�niproper use of 0 01'0111Y lizut of die Solution by ally'entiq offier flimi Btycer or its withorized icpresentatives,(2)any versiorl of the Mufion other than the then-rourent unnicalffied vet-Mon provided to Client, (3)Client's failure w fivneii.,or c(lrTen.-,Xh Inslalt ant, updates to die Chent Access Software;(4)pioldIcnis caused by connectinofifflum to connect to the Internet,(5)fiailure to provide and maintaul the technical and c0l11nLcfivk)r configurations fior the use and oplultlon of the SOkfliorl dial meet Bricer's recorurnended (6) nonconibrivifties restating fronrl or problems to or cauST,,,,tj by non-Brcel products or servRces,,or M data o-data inPM.Oullitit,accuracy,and suihitola%,which shall be deerned under 0ienVs cxclusove colttM Brycerr(the "Inderrilul�h- A94") %�lifl defend and uidcmnlfyr tC.' ire, fient against arty danragesss , �Oes, fiabilities, causes of action,costs or expenses(nnchjditig reasonabte attonneys' fees)arising front the Brycer's breach of this Agreement, gross iscgliger1ce cs, hiteMonal misconduct.Chent wili h0d Brycer harmless aga�nq rillN, nillges or t3mceedings made or broup kisses,habififies,costs Or expenses,chtirns,dernands,stunts 'Jil kq;ronst Bryce r tlN a thlrd party ul connectior,with ChenCs or an Authofized User's use c)fjjjC Soh1fiorl,or any action or 4tacfion ial�en by a diad pan)- 6n'Oudmg, but not hmiled to, fltizd party hvcctlirs, in conisection wfth Such third part% pi-ovWin.g set vices fi)r Clictit Orliflici l%Be at("rhevil's or an Authonze(i Uset-'s request oy directlon .1 2, remelt,. BryceT diah have t�le ji gilt 10 teginueale or suspend this Agreement, and aH of Chm's rights fitereunder, ininiediatety ut)on defivering wrinen nofice: to Chent delaihng Chent's bmach oaf anN provision of this Aoreettrent, H"Chent cures such breach within 5 days of TeceiVhIg Writtt'n nonce thereof, B r�cer shall rusiore the Sohalon mid CHM shadi pay any fees or costs incurred by Brycer In connectwo vvnh the rcstoxafion of die Sohujlorj. 11 Lkl,,d..Bnmo�, Cheritacknowt I edges and liarces that it has trust Teceraved or been offired arty fflegal or inlproper bribe,kickback,payment, I - ve or agent of Brycer In COrfflection with the Agreement, Loft,, "'in%tNng ol,valtic from any cirnpk)). Hr Rene i-oppbes. 1liere are no third rmrfl) bcnefi6aries to the Agreement. 15, F0cu . Neidier party shaH be rcsprsnsifibi anfifflU6rin y TC to po fduo u e tnroreseen,non coniniexcial 6relullswilces beyond its reasonatite cornrW, �ncluding bw not liniftedW to acts of'God, Near, riot, cmilargoes, aces (it'6vH or rilffitary authoritles, fire, floods, carthqsul-es,blackouts,accidents,or strikes In the event of any sucli tielay,ally appficable period oftinle for enation by smid part) may. he deffiTed ffir a perrod of bene cquat to the irlile ant'such(MaY,except that a party's faflure to make ati),payrnent whoi due hereunder shail not be so excused, 16. No uccs, Mi notices rvqtdred in the. Agreernent shall be efte.cfive: (a) if given pevsowjaIhN capon rec6pt (b) if giveg, bw fnC5ffTl& Or ClCCUIMIiC rnafl,N1, M 11SUch nofice is transirntred mid confir nration ofrec6pt obwlncd�(c)ff rn'ailcd by certifiwd rmaiL postage prepwil,ret tile test known addgess of each party,three Wlikless days iffier jrlaofijjg one buldiness day after defiVrel.y. cir(d)if'defivered h)a nafiturnfly recognized Gvernight coulicir oer%",c, Agreement may not be aj6gned or transfe5 Ted by Chem wiffiout the prior wrillen consent of Brycel and any pwporred uansfer in viobltikui of jh�s shall he ntill and void, The Aprlviment shall be bindng ufK)n and inure to Ore benefll orthe parves rilen.-Io and their resPeCuNe successors and repiesenuifives. MlllffNk ` `� MENT SHALL 13F. GOVf,[Z41-f) tAL�Q YL LE THE AGREE I - IM CONSTRUED AND R,411EMIRDED lN AC(-'ORI)A.?qCEWI'1'1-f,A ,'[)ENFOR('EATILE I.JNI)ER, 1'1[f1--l..A%%'S'C)F'p'piES'FA,r[,,OF'T'EXAS. AGREE THAT AIA, ACTMS OR PR OCTI-.,,DINGS IN ANY WAY, MANNE.A OR RESPECT AMSMG OUT Of. OR t ROM OR RELATED TO THE AGREI.MENT SHALL BE LP]GATED ONLY IN COUR'I'SLSX..'.ATED WpLJFJJIN NUECl:S COUM Y,STAT-1, OF TEXAS, THE PARTIES I HEREBY CONSEN I'AND SUB&ffrro THE EXCR.,J.JSJVF�i -ATE OR FEDERAL COUR,r LOCATED Wi 11 HN SAID STATE AND COUNTY, URISM110N OF AM LOCAL,ST Y WAIVE,ANY RIGHTS THEY -1AVE70TRANSFER OR CHANGE VENUE OF ANY S1.161 ACTION OR'PROCHDING AMSIN(.3 OUTOF OR RELATING MAY I THE PALRI]ES HEREB TO TIM ACMEEMENT THE PAR,rIES WMVE ANY Mi3i iT'F0 TRIAL BY JURY ON ANY AC1](Xq OR PR(X.EED11NG lf) E.'NFORCEOR DEFENE)ANY RIGHTS UNDERTkits'AGRF EMENT�AND AGREETHATANY SUCH M."TION(.')R PROCEEDING SHALL BE TRIED BEFORE A COURTAND NOTBEFORE'A ILMY, A...Ltlo.TMSX,m'.E'g;y, "l'he prt...vaffing party in any proceedkig in cannecrion %ldl the Agreeirricra shall be cnWed to recover ftom flw roul- PrMHing PHAYMt Costs and expenses,includuig wid"trit HlTfitafi0n,rete-xtnaW attorneys'and palpJegals' ffin and costs hictined b� party hi connection r0th any such proceeding, , such 2()r Edifil A.9[9_01cni "File Ailmement sets cn,st the entire agreement beween the partici rclaove 10 the WNW roatterhereofarld stq.tenscdes alt P5�01 or contemporaneous agreemenu;or Fettlesegallfiors,Gild or•written, 2 _AhichUlg1�41KI , TheAgieerneninia�, not be aalteredalteredor inoddied,except by written anwridment w1ilch expressly icfeys to the Agieenient and wis duly coccuted by auditurized representatives of booth partics.The waiver azarfiflure by efther Pally to exercise or enforce ally 6gjtt PrOvided for lin die Af.,,.:reenient shall not N."deemed a Nvalver of any runher rip ,ft under dre Agrevnent. Any provRsion of die Agreement Md to iw lnvalhl under appficable law,shalt riot render the A ,cerricnt invalid as a whole,and in such all event,such provision shall Jae inteypreted so as to best accomplish the Went of the parties widilra tile htsirri ofajrpflcabe law, The Agreement inny be executed by facsunfle sold in counterparts, etruji ol'which shafl he dereffred an 0,rjg ulial. mid oil ofvvhk-,h Together shaft constitute one and the sm-ne instructient, 22, !;51�Aj;gjon Agreement, The nghts and obfigafions conWrted in thesAe: "Pertiris and Conditions shall suiMve any explTatiori or Icrictinafion of the 23. Cit f cate Qf'f).gW.s g� Consuhant agmen to comply v0th Texas Government Cade Secfirin 2252,908 and curnfitete F'orm 1295 Centficate of Intmested Parfies as part of'this apgeernent 223288511,13399,000 Forrin 9295 requh-es dmcktsure of'Inferested punles"%wuth Tespect to enthms that entercontracts,whh cmes rhese miclemed paim inc I ude, Cplpermons wtCh as"Conholifing[merest-pan gJic enfity,kyjhC11 uIjjchj&s & :an own eyship hilerest or paijpcppajitjjg nitegest in to bus6ncss enw5 J)v villue()rtujiBjww , r�mj�agc, here thw exceeds 10 percent, sstock or adicl-wisc b membership oil the board of&eClOrs MOfficy goverilling luxly of a bus4ICSS-fily of%Ofich the boud or officr body ns composie]of'not rnr)rv.t1jall 10 hienqwrs,or is�'�" ser%6ce as an officef(ir a jaroumnjs�nss enfity that fias rour ot fvwet, we compensated by a b��SjftSS entityffiat IMS k1l, rs,or semce as one of the fimar officers IWIOSlr NJlgjjly '111 fo"jr(Afler,irs (2),a pwmson who at�fivOy panncjpajes ni facifitafing as coill-3 or ncgotolfing the terms of contract wlffi a govenuumal enjtit%,or state agene.y.lnchrding as brokey',nntcrwnedkry,advlwr og atlomey for the business cluity, Fom U95 must be Occlrunkmafly filed s%fth IlIcTcxas Effiks CmmnssOn at h1un-lFwvym.24IW*w-iglyLL�SL%wlfP-twl(,nLln,.'!(.,hIA)--f(mk!!22Iqml The fivill must then be printed,slgned,nolai7ulo6 and filled wifli this"C,rly. F:'Or Illore Wbirnalion,please revew the, 1,a:Nfis j-,lltics Mks w h t a L kL,, 24. gaq� Constatz"ll O"TceS W cornph,with Chapicir 176(ff Ow,Texas Lucal Governinew C(Ae and fik Form fa IQ moth the Cky Secrgqanry's )ffice ( , of nNulred, For muds infibnrtajn()lj and Baro dctenwlune if�youneed to fifilma Form CIO,please ,, rexnm the hlfCgmnajhttj Ol, ale Clt), SecgeLln's wcbMte at _L &LUC L tq 14asc�� (!j , � —ki-ki[q�igl4g.x 25 hilmn I.I.A.-91.9 Befoge 1wrlonnartere can beon under dim Agrccrljeyut, dle ComraLlur mwii defiver a mfificaw of msur,wlce ("C01"),as Woof ofthe req unreel o1surance covera-us,to the Cay's Rusk Manager and the Contract Administrator AddlfictnaH) the COI iniuM MAW that the C 11Y WHIZ be, SnV- at least 30 days" advance vuhleV, nOtice of'cwweflatk)n,, mWeiiid change ln Coverage,or intem lmi to remje%%,aarnv offfic poficie; 'file Cily lnust he inatned as an adchfional lnmjred, The Cky Afiorne,�mtn,j be given cop�cs W,afl h1mrn"Ice pohcies wOlhin W days of the C'jq Njejol,cy"S"Ftltey�tC(WCSL hISUratux re(Ml-rinams tire,as, Stated ll�EA,H)h(",the content ormkh�s rm%-.)rjxsruMt h)rObwenCr mtu Ofis Agreemit as iffiffly sct ont pIcjc iaj its;clo,uq 22328851311339,9,000 Exhibit B Maintenance Schedule and Minimum Service Levels The Solution shall be available 24 hours per day during the to of this Agreement. The Solution shall be fully functional, timely and accessible by Client at least 99.5%oft e time or better and Brycer shall use reasonable efforts to provide Client with advance notice of any unscheduled downtime. I Rtffimthm- Brycer shall respond to telephone calls from Client within two hours of the call and/or message and all emails from Client within two hours of the receipt of the email. 3. LHELOer uta nrt Customer support hours are 24/7/365. The toll free number is 1-855-279-2371 Brycer will assign client a dedicated customer representative v%ith direct access to their email and work number. EXHIBIT C INSURANCE REQUIREMENTS CONTILAfTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work.until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Director Human Resources, 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City mustlbie listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COL Project name and or number must be listed in Description Box of COI. TYPE OF INS URANCE MINIMUM INSURANCE OVERA E .....--—-----------——-----——----------- 30--written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by applicable Per occurrence - aggregate policy endorsements C'o_mmercial General_Iaiabihty in—cluding �_1,000.00OPer Claims Made— Commercial Broad Form 2. Premises , Operations 3. Products/ Completed Operations 4. Contractual Liability 5° Independent (Zontractors 6. Personal Injury- Advertising lnjur5 AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned Rented/Leased ............ CRI MEIEMPLOYEE DISHONESTY1b���,QiD� Per Clairu�s bade Contractor shall name the City of Corpus Christi,Texas as Loss Payee WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with.copies of all reports of any accidents within 10 days of the accident. 8 11. AURII�A1, 1Z1 4kll h I�I`l`S 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 "Fexas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers" compensation obligations incurred by the Contractor will be promptly met, 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- V11. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes, All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi. TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed Linder 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 suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium, E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, 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 9 ................ 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 remove the exhibit hereunder, and/or withhold any payment(s) if any, 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 agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self' insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1. 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 Legal Dept. Collection Service for Back Flow Inspection Fees 09/22/2017 sw Risk Management 10 CERTIFICATE OF INTERESTED PARTIES FORM 1295 Complete Nos. 1-4 and 6 if there are eq uqcsted pa6e& OFFICE USE ONLY Complete Nos.I,2„3,5,and 6 if there are no Olerested parues, CERTIFICATION OF FILING I Name of business entft filing form,and the city,state and country,of the business erittity's place Certificate Number° of business. 2017-266606 BRYCER,LLC Warverrville,ft, United States Date Filed,, 2 Name or ooverniiieWfireft 5FIR-a—te idificy t=at s A a4wh party To IE;contract for whieg Me farm is 09128/2017 being filed, City of Corpus Cl s°'% Cross–Connection Control&Backflow Prevention Date Ackmad geM cy t tor state ageno track or,identify the trt,a conacnd provide a 3 ;v o the identification number used by the governmenfry tal en description of the services,goods,or other property to be provided under the contract, 092517 Sa,aS model to track comphance for cibes cross -connertion corrtroi&backflow prograrn Nature of interest 4 Name of Interested Party City,State,Counoy(place of business) (check atipficable) rolling irmta:rmmuadiar. ". MDR Capital, LLC W,IL Unted States x Schuftz,Bryan Warrenvflfe, ft.United States x Rice,Matthew Warrenvdie,IL.Unned States X tr i oii tM y-o it there 19 N 0 1riterestad party. 6 AF fDAVIT k sjwear,or affirm,under penalty of perjury,that Oe above chsclosure is vue and cxorect iX+Hl.SEAL NK,,('XE WANER Signatwe 01 authorjz(rd Argent of contavtng busfiiess entity z AFFIX NOTARY STAMP I L=AL ABOVE of Swom to mute subscribed before rrie,by the said tNs the,.... day 20to c ertify whidu,Wtrwss my hand and seat of cqfice. VUY ue Signatu a of officef adminimeq ing oath fhrrnted navre of of icer adn*iistefing oath Tifle rat officer administenng oath Fonns provided by'rexas Ethics Commission wwv4,ethics,,state,tx.us Version V1.0,3337 se w �a 0 H v AGENDA MEMORANDUM NoFPgppEa First Reading for the City Council Meeting of January 9, 2018 1852 Second Reading for the City Council Meeting of January 16, 2018 DATE: December 8, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P.E., Executive Director, Public Works valerieg@cctexas.com (361) 826-3729 J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Lawrence Mikolajczyk, Director of Solid Waste lawm@cctexas.com (361) 826-1972 Grazing Lease Agreement Former Westside Landfill — 75 acres CAPTION: Ordinance authorizing the City Manager or designee to execute a five-year lease agreement with John Steven (Steve) Twilligear to utilize 74.84 acres at the former Westside Landfill for grazing cattle in consideration of a total annual lease payment of $2,170.36 for a total lease term amount of$10,851.80 based on $29 per acre. PURPOSE: The former Westside Municipal Landfill has approximately 75 acres in a fenced area that has been used for cattle grazing operations since 2005. The current 5-year lease will expire on December 31, 2017. City staff advertised for invitation of bids for the expiring lease. Two bids were received and the high bid of$10,851.80 was submitted by Mr. Steve Twilligear. Mr. Twilligear's bid for the new five-year term amounts to $2,170.36 per year or $29 per acre per year. The lease of City property requires City Council approval. BACKGROUND AND FINDINGS: The City acquired 90.74-acres of land in July 1968 to develop it into a solid waste municipal landfill named the Westside Landfill. The landfill was in operation until 1992 and then officially closed on November 2005. In 1999, the City granted 7.20 acres to the Texas Department of Transportation to create the Joe Fulton Corridor. This split the City's 90.74 acre tract into a 74.74 acre tract and a 8.7 acre tract. As part of the closure process, an "Affidavit to the Public" was posted by the City of Corpus Christi and acknowledged by the Texas Commission on Environmental Quality (TCEQ) on November 9, 2005. The affidavit placed restrictions on development or lease of the closed landfill. This tract of land is out of City limits and is suitable for cattle grazing operations. In November 2005, Mr. Rob Thomas, operating as RWT Cattle Company, approached the City to lease the entire 74.84 acres. Mr. Thomas offered to fence in the entire tract in exchange for $1.00 per year rent for a five year term. The fence was calculated to cost approximately $6,000 for four sides. An agenda item was prepared for City Council approval presenting these terms. On December 13, 2005, City Council approved Ordinance No. 026557 which awarded RWT Cattle Company a grazing lease for five years with an option to renew for another 5 years based on a market rent for grazing leases. The term of the lease was from January 1, 2006 to December 31, 2010. RWT Cattle Company operated and continued the initial five year lease on good terms. A request was received from Mr. Thomas in November 2010 to continue the lease based on the five year renewal option. The City obtained a grazing lease appraisal report that indicated that the market rent for 90 acres was between $600 to $700 per year. Based on the appraisal report, an additional five year lease term was offered to Mr. Thomas at $700 per year, which was acceptable to him. A new lease was awarded to him at $700 per year for the term of January 1, 2011 to December 31, 2015. The revenues were deposited into the City's General fund. Mr. Thomas continued to use the land on a verbal agreement for the years 2016 and 2017 at $700.00 per year. His current lease term will expire on December 31, 2017. For the new lease, City staff advertised twice in Legal Notices of the Caller-Times for an invitation for bids. Bidders were given the opportunity to add an optional, one-time bonus payment in addition to the five year amount in order to increase their total bid. The high bidder was Mr. Steve Twilligear, with the total base bid amount of$10,851.80. This consideration consists of five annual lease payments of $2,170.36 based on $29 per acre for 74.84 acres. The lease funds are deposited annually into the City's General Fund. The two bids received at the City Secretary's office on December 1, 2017 are listed below: Bidder Rent per Acre Annual Bonus payment Total Base Bid 74.74 ac. Payment 1 Steve Twilligear $29.00 $2,170.36 $0 $10,851.80 2 RWT Cattle Co. $20.00 $1,496.60 $0 $7,483.00 Leases of City owned property require approval by City Council. It is recommended this lease agreement be approved to keep vacant land at the former Westside Landfill in full grazing operation and generating revenue. ALTERNATIVES: 1. Approve Grazing Lease Agreement (Recommended) 2. Disapprove Grazing Lease Agreement with high bidder and re-advertise for new bids. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The Ordinance conforms to the City Charter, Article IX, Section 2, Power to grant franchise or lease by City Council. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Engineering Services and Solid Waste Services FINANCIAL IMPACT: [] Operating [ X] Revenue [ ] Capital [] Not applicable Project to Date Expenditures Fiscal Year 2017-2018 (CIP only) Current Year Future Years TOTALS Line Item Budget This Item 2,170.36 8,681.44 10,851.80 Encumbered / Expended Amount BALANCE 1 2,170.36 1 8,681.44 1 10,851.80 Fund(s): General Fund Revenue Comments: None RECOMMENDATION: Staff requests Council passage of Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Project Location Map Project Vicinity Map Grazing Lease Agreement Presentation Ordinance Form 1295 Ordinance authorizing the City Manager or designee to execute a five- year lease agreement with John Steven (Steve) Twilligear to utilize 74.84 acres at the former Westside Landfill for grazing cattle in consideration of a total annual lease payment of $2,170.36 for a total lease term amount of$10,851.80 based on $29 per acre. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or designee, is authorized to execute a five-year lease agreement with John Steven (Steve) Twilligear to utilize 74.84 acres at the former Westside Landfill for grazing cattle in consideration of a total annual lease payment of $2,170.36 for a total lease term payment of$10,851.80 based on $29 per acre. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel The foregoing ordinance was read for the second time and passed finally on this the day of , 20187 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 , 2018 ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division GRAZING LEASE AGREEMENT STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This grazing lease agreement ("Lease") is entered into this by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), and John Steven (Steve) Twilligear ("Lessee"), an individual residing in the State of Texas, in consideration of the mutual covenants contained in this Lease. 1. PREMISES. The City leases to Lessee 74.84 acres (the "Premises"), more particularly described as a 74.84-acre tract of land out of a 90.88-acre tract in the D. Martinez Survey 420, Abstract 857, Map 138, in Nueces County, Texas, bisected by a portion of the Joe Fulton Corridor and previously known as the former Westside Landfill (now closed) as more fully described by the metes and bounds in "Exhibit A" and as shown in the map referenced as "Exhibit B", both exhibits being attached to this Lease and incorporated by reference in this Lease as if each exhibit were set out here in their entireties. 2. PURPOSE. The purpose of this Lease, between City and Lessee, is to enable Lessee to utilize the Premises for the grazing of livestock and for no other purpose. 3. LEASE TERM. This Lease is for a five-year term beginning February 1, 2018, and ending at midnight on January 31, 2023, subject to prior termination as set out in this Lease. For annual lease payment purposes, February 1 s' of every succeeding calendar year following the execution of this Lease is deemed the anniversary date of the Lease ("Anniversary Date"). 4. LEASE PAYMENT, A. Upon Lessee's execution of this Lease and the City Council's approval, Lessee must pay the City an annual lease payment of $2,170.36, which is based on $29.00 per acre x 74.84 acres ("Lease Payment"). Any one-time bonus payment that was included in a bid by Lessee and accepted as consideration for this Lease must also be remitted with the initial Lease Payment. The Lease Payment is due at the beginning of the Lease and on or before each Anniversary Date. B. The Lease Payment must be delivered or mailed to: City of Corpus Christi Department of Financial Services AIR - Collections Section Manager P. O. Box 9277 Corpus Christi, Texas 78469-9277 C. Lease Payments are not refundable if this Lease is terminated prior to completion of its full five-year term. D. In the event Lessee holds over beyond the expiration of the term herein provided with the consent, express or implied, of the City, any such holdover is a tenancy at sufferance and such holdover period will only be from month-to-month and subject to the conditions of this Lease. Lessee acknowledges and agrees in advance that any such holdover does not constitute a renewal or extension of this Lease, and any holdover period is subject to Lessee's payment of a monthly rental amount equal to 1/12 of the last annual Lease Payment. Any holdover may be terminated at any time by the City or Lessee by giving 30 days prior written notice to the other party. 5. GRAZING LAND—PRIOR USE AS LANDFILL. A. Environmental Quality. 1. Lessee acknowledges prior use of land which indicates that portions or all portions of the Premises,formerly known as the Westside Landfill, is a closed municipal solid waste landfill. 2. Lessee acknowledges receipt and acceptance of this notice required by the Texas Health and Safety Code and the Texas Commission on Environmental Quality (TCEQ) rules and of the Texas Administrative Code. B,, Prior Use. 1. User/Lessee acknowledges that all or portions of the Premises [Westside Landfill; 74.84- acre tract]is a closed municipal solid waste landfill and acknowledges receipt and acceptance of this notice required by Section 361.539 of the Texas Health and Safety Code and the Texas Commission on Environmental Quality's ("TCEQ") rules in Section 330.962 of Title 30, Texas Administrative Code, User acknowledges that the City does not represent the land covered by this lease is suitable for Users intended use. User agrees to: (a) Comply with all applicable Federal and to of Texas laws and regulations applicable to construction and operation of the facilities contemplated by User on the lease granted herein, including those applicable to closed municipal solid to landfills and the regulations relating to same including, but not limited to, Chapter 361 of the Texas Health &Safety Code and Title 30, Part 1,Chapter 330,Subcater ,Texas Administrative Code. (A copy of the current version of Subchapter T Is incorporated by reference into this lease as if fully set out here in its entirety and a copy of which has been physically provided to the User/Lessee.) (b) Not to disturb the integrity and function of the final cover, all components of the containment system, and any monitoring systems, without authorization of the TCEQ. (c) Take any action deemed necessary by the TCEQ to restore the final cover, any component of the containment system, or monitoring systems disturbed by the construction, maintenance or operation of any facilities proposed by User. (d) Conduct soil test as required by 30 TAC 330.953 before undertaking any development of the property, if applicable. (e) Obtain a development permit from the TCEQ before commencing any construction of an enclosed structure, as required by 30 TAC 330.954(a), if applicable. (f) Register any existing structures owned or being used by the User, if required by 30 TAC 330.954(c) or TCEQ. (The Director has a copy of the list of structures the City has registered with TCEQ), W applicable. (g) Prepare any needed modifications to the Site Operating Plan, if required by 30 TAC 330.959(4) and 330.257(r) or TCEQ. (The Director has a copy of the current Site Operating Plan that was submitted to TCEQ), if applicable. Page 2 of 11 (h) Prepare a Structures Gas Monitoring Plan,if required y 30TAC 330.959(5)orC . (The Director has a copy of the current Structures Gas Monitoring Plan that was submitted to ), if applicable. (i) Install landfill gas monitoring equipment in any enclosed structures owned or being used by the User. If required by 30 TAC 330.959 or TCEQ. (The City has installed and maintains a onitoring equipment in some enclosed structures on the site, as part of the City's Structures Gas Monitoring Plan approved by TCEQ. The City does not warrant that the enclosed structures are suitable, safe for use by adults or children, or do not pose potential health threat to adults or children. The User may install additional landfill gas monitoring equipment in any enclosed structures used by the User, If the User or its officers, members, employees, agents, contractors, or Invitees are concerned with the air quality within the enclosed structures.), if applicable. U) Operate any landfill gas monitoring equipment installed by the User and maintain all necessary records, as required by 30 TAC 330.960. Copies of all required records shall e submitted to the Director on a monthly basis, if applicable. O Prevent the ponding of water on any property under the User's control. (1) Submit plans to control the drainage of storm waters from any structures used by the User to the Director for review and approval. (m) Hold the City harmless and indemnify City for any claims, penalties, or violations that result fromUser's, its assigns, or their agents' disturbance of the said closed municipal solid waste landfill. 2, Reference: TEXAS ADMINISTRATIVE Title 30. ENVIRONMENTAL QUALITY Part 1. TEXAS NATURAL RESOURCE CONSERVATION COMMISSION Chapter 330. MUNICIPAL SOLID WASTE Subchapter T. USE OF LANDOVERCLOSED MUNICIPAL SOLIDWASTE LANDFILLS Section 330.962 Notice to Buyers, Lessees, and Occupants (a) An owner of land that overlies a CMSWLFunit shall prepare a written notice statin the former use of the facility, the legal description or property, notice of the restrictions on the development or tease of the land Imposed by this subchapter and the Health and Safety Code, Chapter 361,Subchapter R, and the name of the owner.The owner shall file for record the notice in the real property records of the county in which the property is located. (b) An owner of lend that overlies a CMSWLFunit shall notify each lessee and each occupant of a structure that overlies the unit (1) the land's former use as a landfill; and ( ) the structural controls in place to minimize potential future danger posed by the CMSWLF. 3. Reference: TEXAS HEALTH AND SAFETY Section 361.637 LeaseRestriction; Notice to Lessee. Page 3 of 11 A person may not lease or offer for lease land that overlies a closed municipal solid waste landfill facility unless: (1) existing development on the land is in compliance with this subchapter; or (2) the person gives notice to the prospective lessee of what is required to bring the land and any development on the land into compliance with this subchapter and the prohibitions or requirements for future development imposed by this subchapter and by any permit issued for the land under this subchapter. 5.1 ACCEPTANCE OF PREMISES DISCLAIMER. A. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH ALL FAULTS AS MAY EXIST ON THE PREMISES AND THAT NEITHER LESSOR, NOR ANY EMPLOYEE OR AGENT OF LESSOR, HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. LESSEE HEREBY WAIVES ANY AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, AND DAMAGES BASED ON ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF SUITABILITY FOR A PARTICULAR PURPOSE,ANY AND ALL WARRANTIES OF HABITABILITY, AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH IN THIS LEASE. B. LESSEE ACKNOWLEDGES AND AGREES THAT, UPON LESSEE'S REQUEST PRIOR TO THE EXECUTION OF THIS LEASE, LESSEE HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH LESSEE INTENDS TO USE THE PREMISES, AND IS RELYING ON ITS OWN INSPECTION. C. LESSEE ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND IMPROVEMENTS, IF ANY, EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE OF THIS LEASE ARE ACCEPTED "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY LESSOR WITH RESPECT TO SUCH STRUCTURES AND IMPROVEMENTS. LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT, OR OTHER ASSERTION BY LESSOR WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON LESSEE'S EXAMINATION OF THE SAME. D. THE CITY, HAVING FEE SIMPLE RIGHTS TO THIS LAND, DOES NOT WARRANT ITS TITLE TO THE PREMISES AND DOES NOT GUARANTEE LESSEE'S QUIET POSSESSION OF SAME. LESSEE ACKNOWLEDGES AND IS AWARE THAT THE PREMISES IS CONTAINED WITHIN A LARGER AREA OF LAND OWNED BY THE CITY AND CURRENTLY USED FOR ACTIVE LANDFILL OPERATIONS AND RELATED PURPOSES. THIS LEASE AND THE RIGHTS AND PRIVILEGES GRANTED LESSEE IN AND TO THE PREMISES ARE SUBJECT TO ALL COVENANTS, CONDITIONS, RESTRICTIONS, AND EXCEPTIONS OF RECORD OR APPARENT. LESSEE ACKNOWLEDGES THAT LESSOR DOES NOT OWN ALL MINERAL AND GAS RIGHTS TO THE PREMISES, AND LESSEE IS SUBJECT TO ANY EXPLORATORY AND PRODUCTION RIGHTS OF THE MINERAL OWNERS AND WHICH COULD PRODUCE DAMAGES TO LESSEE'S LEASEHOLD. NOTHING CONTAINED IN THIS LEASE MAY BE CONSTRUED TO IMPLY THE CONVEYANCE TO LESSEE OF RIGHTS IN THE PREMISES THAT EXCEED THOSE OWNED BY THE CITY. E. THE PROVISIONS OF THIS SECTION 5 SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. Page 4 of 11 6. USE AND MAINTENANCE. A. Lessee shall use the Premises for grazing livestock only and cannot make any other use of the Premises without the prior written consent of the City Manager. Lessee shall take good care of the Premises and its appurtenances, if any, and suffer no waste of the Premises. Lessee shall keep the Premises in good repair, including all fences and gates,at Lessee's own expense. Lessee shall observe and obey all applicable federal, state, and local laws, rules, and regulations and all rules set out by the City for the operation of the Premises. At the expiration of this Lease, Lessee shall surrender the Premises in as good condition as the same are now in, natural wear and tear and damage from the elements only accepted. Lessee will not permit any alcoholic beverages on the Premises. Lessee agrees to conduct all of Lessee's operations on the leased premises in a reasonable, efficient and prudent manner. B. Without limiting the foregoing, Lessee specifically agrees: 1. Chemical Notification. The use of all agricultural chemicals,fertilizers, and pesticides will be in a lawful, safe, and a prudent manner. The Director of Solid Waste Services will determine and approve the time and place any aerial or ground chemicals, fertilizers, and pesticides will be used due to the closed landfill status. The expressed preference of the City is that any spraying by the Lessee occur only on Sundays. Under normal circumstances, the notice of intent to use agricultural chemicals, fertilizers and pesticides must be provided in writing no less than 72 hours prior to use and addressed to: City of Corpus Christi Director of Solid Waste Services P. 0. Box 9277 Corpus Christi, Texas 78469-9277 Phone: (361) 857-1970 Fax: (361) 857-1971 In the event of insect/bug infestations under an emergency situation only, Lessee will be allowed to, instead, give a 24-hour notice of spraying to the Director of Solid Waste Services, or his designee, by calling (361) 857-1972 or(3 61) 857-1970. 2. Growth Control. Lessee will prevent the growth of and keep the Premises(including fields, ditches, fence rows, and lands outside the fence but within and adjacent to the Premises) free from Johnson grass, Bermuda grass, cockleburs, burdock plants, and other noxious weeds and undesirable vegetation, and keep the grassy pasture portions of the Premises free from all sprouts and stumps. 7. FEES, TAXES & UTILITIES. Lessee shall pay, if applicable to Lessee's leasehold interest and Lessee's use and business operations at the Premises, all ad valorem taxes, personal property taxes, licenses, utility fees and charges, and all other fees and taxes required to be paid during the term of this Lease. Lessee shall pay, at its sole cost and expense, all taxes, fees, utilities, and charges on or prior to the due date. Within three business days of approval of this Lease and remittance of the initial Lease Payment, Lessee shall ensure that the water utility account and any electrical account, if electricity is available and connected at the Premises, and all other utility account(s)for the Premises are transferred and/or set up in the Lessee's name and all required deposits paid. Payment by Lessee of all utility charges must be timely paid when such charges become due and are not permitted to become delinquent at any time during the term of the Lease. 8. RECORDKEEPING. Lessee will keep an accurate book of accounts regarding all business matters pertaining to the cultivation of the Premises, and these account books must be open to inspection by the Property Manager upon reasonable demand during the Citys normal business hours. Page 5 of 11 9. INSURANCE. A. Coverages. Lessee must obtain and keep in force during the term of this Lease insurance policy or policies in the amounts and with the types of insurance coverages set out in the attached "Exhibit ,"which exhibit is incorporated by reference as if fully set out here in its entirety. B. Failure of Lessee. Failure of Lessee to procure and maintain in force the required insurance coverages constitutes a material breach of the Lease upon which the City may immediately terminate this Lease if Lessee does not furnish proof of the required insurance coverages to the City within 10 days of written notice to Lessee. C. Insurance Coverage Adjustments. The types and amounts of insurance coverage specified in the Lease is subject to adjustment by the City's Risk Manager on the Anniversary Date of the Lease. Notice of any such required adjustment(s)will be provided to Lessee not less than 30 days prior to the Anniversary Date. 10. FINANCING. The City recognizes that Lessee may borrow funds for livestock purposes,or for other purposes, secured by a first lien security interest in Lessee's leasehold estate in the Premises. The fee simple estate of City in the surface estate, burdened by Lessee's leasehold estate, must not be subject to any liens, and any security lien instrument to which Lessee is a party must contain the following language, or other similar language approved in advance by the City Attorney: "Lender agrees that the lien created by this instrument is effective only as to the leasehold estate of Lessee created under that certain Lease effective on February 1, 2018, by and between the City of Corpus Christi and Lessee, and that this instrument does not affect the fee simple interest in the Premises owned by the City of Corpus Christi. In the event of any foreclosure by any lender of a lien or liens on the Lessee's leasehold estate in the Premises or Lessee's improvements, if any, such lender or other purchaser at foreclosure, its successors and assigns, will succeed to all rights,privileges,and duties of Lessee including,without limitation,the duty to pay rent." 11. DAMAGE TO CITYI IMPROVEMENTS. Lessee must pay for all damages to any City or franchisee utility lines and equipment located on the Premises caused by Lessee's grazing and agricultural operations and must replace all lines or equipment injured or destroyed as a result of Lessee's grazing and agricultural operations. If damage occurs to any gas, storm, wastewater, or water line ("City Improvements"), or to any City equipment located on the Premises, the City's representative will determine the extent of damage and amount of repairs and/or replacement needed to the City Improvements, and, as determined by the City's representative, a City gas, storm, wastewater, or water division crew will be brought in and immediately allowed to make all necessary repairs and/or replacements. For purposes of calculating time, a half-day of four hours or more constitutes a whole working day; any work time in excess of eight hours a day or which occurs on a Saturday, Sunday, or a holiday will be calculated at a daily rate of$53.77 an hour. An additional fee will be due for the cost of a City inspector at a daily rate of $286.80 for any portion of a day spent inspecting construction, maintenance, repair, replacement, or relocation of said utility lines and equipment pursuant to this paragraph. A franchisee whose franchisee improvements are damaged will follow the same process as set out for damage to City Improvements. All costs incurred by City (including labor and materials) associated with the repairs and/or replacement of the lines and equipment must be paid by Lessee. 12. ASSIGNMENTSUBLEASING. Lessee shall not at any time,without the express prior written consent of the City Manager, assign, sublease, or transfer, or permit or participate in any assignment, sublease, or transfer, of this Lease or any of the rights, powers, or privileges granted under this Lease. Consent to an assignment or sublease shall not be unreasonably withheld by City. In the event of an Page 6 of 11 approved assignment or sublease, Lessee shall notify any assignee or sublessee that they shall be liable under all terms, conditions, and obligations of this Lease. Lessee further acknowledges and agrees that, notwithstanding any approved assignment or sublease, Lessee shall also remain liable under all terms, conditions, and obligations of the Lease unless released in writing by the City Manager. 13. HUNTING. This Lease does not grant Lessee any rights to hunt on the Premises, and Lessee may not hunt nor allow any other party to hunt on the Premises without the express written consent of the City Manager. 14. NO AUTHORITY TO INSTALL OR CONSTRUCT IMPROVEMENTS; PLACEMENT OF PERSONAL PROPERTY. Lessee does not have any authority or right under this Lease to install or construct any temporary or permanent improvements, including structures, on the Premises. Notwithstanding the foregoing, Lessee is permitted to place on the property any above-ground stock tanks for watering livestock and any feed bins necessary for grazing purposes so long as any tanks and bins are removed from the Premises upon the expiration or earlier termination of this Lease. Any such tanks and bins placed on the Premises remain the personal property of the Lessee at all times. No other personal property of Lessee may be placed or permitted to remain on the Premises without sufficient identification of the personal property and the prior written consent of the Contract Administrator. 15. NO DEBTS. Lessee shall not incur any debts or obligations on the credit of the City during the term of this Lease. 16. ENTRY BY CITY. The City, by and through its officials, officers, employees, and agents, has the right at all times during the Lease term to ingress and egress to the Premises for the purpose of conducting any business incident to the activities of the City and for purposes of inspection, repair, fire or police action, and enforcement of the terms of this Lease, and includes the regular and necessary operation of vehicles and equipment on the shared roadways bisecting and crossing the Premises. 17. NOTICES. A. All notices, demands, requests or replies provided for or permitted by this Lease must be in writing and delivered by any one of the following methods: (1) by personal delivery; (2) by deposit with the U.S. Postal Service as certified mail, return receipt requested, postage prepaid; or (3) by deposit with an overnight express delivery service, and sent to the following address: If to City: City of Corpus Christi Property Manager, Engineering Department P. O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: (361) 826-3500 Fax: (361) 826-3501 If to Lessee: John Steven (Steve) Twilligear 108 Carmel Dr. Portland, Texas 78374 Phone: (361) 877-2804 Fax: None B. Notice deposited with the U.S. Postal Service in the manner described above will be deemed effective two business days after deposit, postage prepaid. Notice by overnight express delivery service will be deemed effective one business day after delivery to the overnight express carrier, with proof of receipt. Page 7 of 11 C. Either party may notify the other, in the manner described above,of a change of address. Any such change of address must be sent within 10 days of the effective date of the change. 18. INDEMNITY. LESSEE WILL FULLY INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, EMPLOYEES, AND AGENTS ("INDEMNITEES-) FROM AND AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS'COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER WHICH MAY ARISE OUT OF OR IN ANY MANNER BE CONNECTED WITH, OR IS CLAIMED TO ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH, THE PERFORMANCE OF THIS LEASE BY LESSEE LESSEE SHALL, AT LESSEE'S OWN COST AND EXPENSE, INVESTIGATE ALL SUCH CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, PAY ALL CHARGES OF ATTORNEYS, AND PAY ALL OTHER COSTS AND EXPENSES OF ANY KIND, INCLUDING EXPERT WITNESS FEES, ARISING FROM ANY SUCH LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, AND ACTIONS. 19. DEFAULT AND TERMINATION. A. If Lessee defaults in performance of any of the promises or covenants contained herein, City may terminate this Lease following written notice to Lessee of the default and a reasonable opportunity to cure. Upon the occurrence of any uncured event of default,the City may,at its option, in addition to any other remedy or right given hereunder or by law, give notice to Lessee that this Lease terminates upon the date specked in the notice. Once terminated, the City has the right, without further notice to Lessee, to re-enter the Premises and remove all personal property and persons therefrom without being deemed guilty in any manner of trespass and also without prejudice to any remedies against Lessee for arrears of rent or breach of covenant. B. In the event that any rent is due and unpaid under the Lease,the City may resume possession of the Premises and relet the same for the remainder of this Lease term at the best rent the City may obtain, for the account of the Lessee, who must pay any resulting deficiency; and the City will have a lien as security upon all crops, goods, wares, chattels, implements, fixtures, furniture, tools, and other personal property which are located or were placed on the Premises, which lien is cumulative of and in addition to any statutory landlord's lien created by law. C. Intentionally left blank. D. The failure of City or Lessee to insist on strict performance of any of the terms, covenants, or conditions of this Lease is not a waiver of any right or remedy that City or Lessee may have and is not a waiver of the right to require strict performance of all the terms, covenants and conditions of the Lease thereafter nor is deemed to be a waiver of any remedy for the subsequent breach or default of any term, covenant or condition of the Lease. 20. REMOVAL OF PERSONAL PROPERTY. It is Lessee's responsibility to remove its personal property of every kind and type from the Premises prior to termination or expiration of the Lease. Lessee agrees that any personal property remaining on the Premises after the termination or expiration of the Lease automatically becomes the City's property without any further notice, action, or process of law for disposition by the City as the City deems appropriate in the City Managers sole discretion, without compensation to Lessee. Lessee shall also be invoiced for the City's costs to remove Lessee's personal Page 8 of 11 property from the Premises after termination or expiration of the Lease, and Lessee shall pay the invoice within 30 days of receipt. 1. CONDITION OF PROPERTY UPON EXPIRATIONI I . Lessee covenants and agrees that, upon expiration or any earlier termination of this Lease, however caused, Lessee shall quit and surrender the Premises and perform all repairs reasonably necessary to restore the Premises to the same condition it was in at the time this Lease was entered into, reasonable wear and tear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. 22. RIGHTS I . A. The City reserves the right to sell, use,or lease for a governmental or public use different from the present use all or any part of the Premises at any time during the term of this Lease. Should the Premises be sold, used, or leased before expiration of this Lease and the purchaser or lessee is not willing to take the property subject to this Lease and demands immediate possession, then the Lessee agrees to vacate within 30 days following receipt of the notice to vacate. Should it become necessary for Lessee to vacate in case of a sale or lease, then, the City will pay Lessee, for the Premises or portion thereof vacated, the following amounts, to-wit: a proportionate share of the then-applicable annual Lease Payment paid, which share is determined by dividing (i) the number of days of the term remaining after vacation by Lessee by (ii) the total number of days in the term, and multiplying the resulting percentage by the annual Lease Payment amount paid by Lessee. B. The City reserves and excepts from this Lease those easements reasonably necessary for the purpose of assigning, exploring, prospecting, mining, drilling, developing, producing, saving, transporting, storing, treating, removing, and owning the reserved minerals and oil and gas in the Premises to the extent such easements are implied under Texas common law to allow accessed to severed estates. C. City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. D. It is understood and agreed by Lessee that the City retains sole authority to negotiate settlement of any and all claims for damage by reason of activities in connection with the operation, development, and exploration for oil, gas, and other minerals on the Premises. Lessee shall promptly notify the City of any and all damages to the Premises and/or crops growing thereon that may be occasioned by operation, development, or exploration for oil, gas, or other minerals, or that may be occasioned by any other activity during the Lease term, which Lessee observes, learns of, or has reason to be made aware of any such damage. CONDEMNATION.23. If the whole or a substantial part of the Premises are taken or condemned by the City,or any entity with legal authority to exercise eminent domain rights,for any public use or purpose, then and in that event, the term of this Lease shall cease and terminate from the date when possession of the part or whole so taken or condemned is required for such use or purpose. If less than a substantial part of the Premises are taken or condemned by the City and, as a result thereof, Lessee believes the ability to continue the purpose of this Lease has been eliminated, the question of a possible partial Lease Payment refund, if any, may be submitted in writing by Lessee to the City for consideration. 24. DISCLOSURE INTERESTS AND STATE OF TEXAS FORMS. Lessee agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form ("Exhibit D") as part of this Lease contract. Lessee agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this Lease contract. For more Page 9 of 11 information, please review the information on the Texas Ethics Commission's website at https-//www.ethics.state.tx.kis. Lessee also agrees to comply with Chapter 176 of the Texas Local Government Code and file Form I ith the City Secretary'sOffice, if required. For more information and to determine if you, as Lessee, need to file Form CI , please review the information on the City Secretary's website at http:// .cctexas.co aovemmen 'ci :secre!gUkon ict-disclosure/index. 25. MODIFICATIONS. changes or modifications to this Lease may be made, nor any provision waived, unless in writing n r ne by a person authorized to signlease agreements on behalf of each respective party. COMPLIANCE26. I . Lessee, its employees, representatives, and agents, as a condition of this Lease, agrees to and must comply with all applicable federal, State, and local laws, rules, and regulations hic apply to Lessee's use and occupancy of the Premises and Lessee's operations and activities conducted on and at the Premises. Lessee, at Lessee's sole cost and expense, will fulfill all ordinances f the City applicableto the Premises, and Lessee's operations thereon, and all orders and requirements imposed by the Health, Sanitation, Solid Waste Operations, Fire, and Police Departments of the City for the correction, prevention, and abatement o nuisances occurring on or at, or connects to, the Premises during this Lease. 27. RELATIONSHIP . This Lease establishes a landlord/tenant relationship, an none other, and this Lease must be construedconclusively in favor of that relationship. In performing this Lease, both City and Lessee will act in an individual capacity and not as agents, representatives, employees, employers, rt ,joint venturers,or associates of one another. Theemployees oragents of either party shall not be, nor be construed to be, the employees or agents o the other party for any purpose whatsoever. 28. INTERPRETATION. his Lease must be interpreted according to the Texas laws which govern the interpretation of contracts. Venue lies in Nueces County,Texas, where this Lease was entered into and will be performed. he headings contained in this Lease are for convenience and reference only and are not intended to define or limit the scope of any paragraph or provision. SEVERABILITY.29. I ,for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is,to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those s to which it is heldillegal, invalid, or unenforceable,will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase or word hereof be given full force and effect for its purpose. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms t such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid and enforceable, will be addedto this Lease automatically. 30. BINDING AGREEMENT. It is mutually understood and agreed that the covenants, conditions, and provisions contained in this Lease to be performed by the respective parties are binding on the parties and their respective successors, assigns, and heirs. 1. ENTIRETY CLAUSE. This Lease and the exhibits incorporated and attached hereto constitute the entire agreement a een the City and Lessee for the use granted. All other agreements, pro ises and representations with respect thereto, unless contained in this Lease, are expressly revoked, as it is the intention of the parties to provide for a complete understanding within the provisions of this document, and the exhibits incorporated and attached hereto, the terms, conditions, promises, and covenants relating to Lessee's use of the Premises. Page 10 of 11 Executed in triplicate by the parties. By Lessee's execution below, Lessee acknowledges that Lessee has read this Lease and understands that this Lease is not binding on the City until properly authorized by the City Council and executed by the City Manager or her designee. LESSOR: CITY OF CORPUS CHRISTI ATTEST: Valerie H. Gray, P.E. Rebec-ca Huerta Executive Director, Public Works City Secretary APPROVED AS TO LEG L FORM: 20$d' sis t City Elizab Hundley, ssistant City rney is v. C no r P .v for Mil isley, City Attorney LESSEE: John Steven (Steve) Twilligear, an individual f jj67 J I;W,-111 4e---a--r-'c 42- Date Attached andIncur pgEgted_b eferenc : Exhibit A- is and Bounds Description of Premises(two pages) Exhibit B-Map Depiction of Premises (one page) Exhibit C-Insurance Requirements (three pages) Exhibit D-Disclosure of Interest(two pages) Page 11 of 11 I„'10 rA VI'les tsl III c 11,A Tract 111l", SME OF 77NAS CUMUT OF N UECES BENG a Hut =hurn a Hand au I ch 0 9RIS u"h,t W Me Bit Insp 131, W Numn carnilnici�,,fly known ny the pqpc IlAq COM R51011ton SWWY U1 ANDect "Ing Arm and 1:l oW 9 that some prqpaly conveyvid,he Hti�z l"'hy ch`C'c�tp us Qr to[Timas by dcH d cud hoyu, 1960 and ;1conled hi Volume 12s; Flagc,s Z31 thil It 23.1, c�f�,,`whtitx�ts Ciaum"XnOl SWW WAR Rem Owl Go bAq a pu"rom mu nue broct d=Hkd W&I rmn&d 5 Vootme 2RI pqc 2, Awed Rum&Of NuMn!COunqq Kxww'Nas 7424 acre umci IfTe'llit;Inultre holly by ol and bounds as nWW%vs,,, commadnt;W 5A aur f1 Md M1 it my ofwmm CUM Cq M"On the ushng cou lecuuMtry of 40 ESMS cluixt l9ritlic la W lhail the scluflmr camer all,ol 11"0 aams I=rceamed in 1"hanc 1851 h1cs 1,40 Ill il 143, Dred Cr?,,,hv!ars Cmay Tmm In We mmono comm owes W9 2 U,Mm urlaj the c,,ortcr oi mid 90,88 unt,DzIm, Thug WA HU OtKli bolandary,ofsgiuJ 11,N)malm tracl, nod 011,1111 140,(.11 01"Ciharnt 2015511 tidl',Cs"?18 IsUia 783, D%,,,,cd %nmarb ONQMM C=W,Ism,same hog d MW to!nu Ua M Uld UA 9TU am Umsend Sumt, rir�g the rorfltii 11 aotti'M6nI),taft!1'1I r IAMact, 14otth 139I2vl"10"a Stance 6N)4ia r:ct,tcw n 5 8 tnclh bai'll nxi �;Iltflh ga ch, ("�htrslh c9ii!set Rw be rl cmmwcq a t2o mr:Into C4 WW dnmkd U a 200 rhot Fig of o,dm�,pil 11 0 f,Cot pu�:l Chihsit Aidholity at flhux�,:S calinty,1"C'oui 5,1()111cittall CAM T 7"m Y OW I 1ATH!Umn krumm as I c Rm For an Carn d x� Themo cWthrlamg WO cc out boundary UNK 1 52 un:mt; Md me WWI Q"WW7 US R1383 acre Into h"Ic namm obucus CWwq 004"In DOWN,sonne bckg 411x0.manh bounKy chrumd AS act 004 A.0 pin NQ Q Saidj 7,�20 fint!I, �,Imrlh lli�?"12111l"E41tti, a !fisusner of 274 10 WIN to a 5 8 Usch Dan md hum 14111 Mmumbeas mmmr aI 7-20'a1 re fai ItinPerm or oendig at uIxt fiIf be nMaulakrw roll conmr oruds Irect" Chvicia,%lItit"t I'll smnh bourAny 011old 95 283 CM UMC;swc baung the ncjr�lw tOl"Irsdaij,"cd aacd t4f,'Q IaCce 1171CII ufS8WSNtl,8S "m Uut mW 01 Wk HIM 19ah EV1213FIRInq a datmue 0143CI'ori IS;on I imch Kin r:,forrjor 0" um UOU (VICIU410M Pages 768 Su 771, Dan!Recwds of ter Ino=11"faitts[carnn cf, aslrimci,call's,,,deaf:90 88 acre it act Nrild o�[Om I I Dic 4 675 bcrii:um'!11,sonit bli!�ting tL�:cot bawwanvand my acre woo,cxuodqvzl1 acir wam end or its nict,Somr,0054W58"Easq a daymp or R41A NE1 10 R 5 R md ;W"W vQh My aMmpm CrOrq, ry so an be nwh bwmdwy of Hums Fnj Rmf po bo; wdc n0wakwv CU?,::r1Cnt, F38,3, 91 ll Recuth dN=us Awn Aces)Or do Mattis CanNT of Udi AM OVIn INAT Wma"5M Wm md IwW W Mc unto or im autimi'llj;0sy"dr;dt I'load(on,flilt",soul'Ircast nnnl!aaril''Saild f3r),S ov,1!! Ill 1nw's Stnidil Fast,Idl�itcoc'C DNO 44 6Iis,t; 1"Pe nag sn�drlu�rhl ba urallixy of"F'Irnm'��Fnrry RoxJ,sIirneftieijal;d,t!!Tictnh broundiio'y,0f`sxl9d,'W fbal,";,icfc and the sauih bounhry Of OU3 Umm, NwA 7WT0QW1%4 a sdowce W14V39 A,H,,yM ,1, ,A,Qcry 0EN 011muNmuld T20 Um Imm(Jot FWwn Corridor) Nr dm pmlhem camer or,pdd 7,20 swil"I!,iref and the sous%go cum"T to"m YM mmummuhmn Nund In slclfi iuli!try of' salti 7 211)uilrt Inv Qx FAMU cul idor),sarnin bicing . ....rat htindary cfdl�:!;,tracti,Nc,1iofii OP 55 IS"East,a;165 ISM pu a A urd A n I,,511!R hrioh Iran oxf and canitinui lig A ith ill i !I ttrtc I ah"am"Icif"I I Y1,S i li:ct,ttna 5jit littlei'll bort ro"I 11u,"Id flay tl'ae t"Jeg'"MA c"awe W I'm 69M%1100 T"I AU bum SoWh UP12AW1 UN tujoe of 33,O"D7 MM,adws or 610 35 magan dwzocc or Rjoit he,a chr,1l,tj "K OVARS3 NIS 0"In wT 1c;Wh 01701E7 Nv� Thencell lor�ifi:sln�d cn-cuhar cumeja the Inght, "it the cut botm",or wd 7 N new uum(we Rten cmdbo,cetmeeu,tr ww bmmkq oNis wnq w mm 4,1 of 353 87 Feet lu a AM 11 Wd on nA Could Na le mWil pWm of so 1uquNr 11VII1110I!,ClWl0nW!nC With Om cam bwwkny Wguld 120 wir insci llni!!! �!Vllan Corridail,s4liniliII b61�I,Is whe ulcsbiI)undwyal th It 13,IN,NMIll 14? 0Y 115"EM q a Wouc alai SI1X8 7 0 Nu I o a 5 1 in h wma wd hund%r d w k6mlq W4 a;mdu amm M dja j81 witoe C!a j,j,filllP0hsl lxst-r UMD21M kunwhkhhn2 c=UK aNOcoM I 391Q a radws of 53, 5ell" �anlj,,scv%ildw;wnccaf43 15 fbm,nchwhMMQ16,ZRd f�ctand a ,1 c.',,with said circm]irl ;urvr 0I!�thic:1111,I)c1l, InifimAng vddl he cam boundw,),al,!::411d 720 oicre ow(finc:f'u�liian ConiflOA), sailrinI lncIng Che ivest bou,dmy ar mis um"an mc 109M DNMJD kw In dm Man of Reghming and cmushing R84 cams of l"d TunSml We WMMSPOfr. NADU (HUY kwh Mc, MAIT OF TEXAS C011 I�'14 T"V"01,"N I,JE CES C Rw=Wl Dal a RqwNR Winwini Lud Urn" kuk=MY Ow dw%jubg Wd nmws mw pmpund by me Ilom a land swsiy mW an lQ gmwd umov my sqcmwwj!t Rh a 06q IRLS J E EXHIBIT B ................. ........................................................ ..........................................................................................................................................................Jr Ir' ......................... ............... .......................... IN "',................. ....... ............... .............. x, ki "i .............)i....................... Ilr 'D I I do i ........... In .......... I........ 19 JI I o id d .............................................................................................. ......... ...................... ... ........ ............................. ........... .................. .......... .................... .......... ..................... ............. ............................................................. �Iy .......... Q I............I....................... ..........................................I .......... ........... .................. .................................................... .......................I........ ....... EXHIBITC INSURANCE REQUIREMEN'rs ......................... ..............................,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,..,,_......_................................................. A. Les ee must not aaa'ca u°amauence work under er tams contract ct auntil all insurance required ire has been a 1::ataa, aae -aan Such u suraance haa s f::aeen approveld b,yapprove the City, Ussee n:aaa:aaat not aHlow ammiy smuboontr ,ctar, to aacmMaaaemuce w c..wk assail a fl as a attic imasuarance a"equaam°ed of any subcontractor has been obtained, aiessee a'iust, anus ish taa tl'"ae ' mat �Por� 1'1�.a k m�aaamaastraator oa ne 1 .a � .:� aaaa� Yu° a°aa� '�'�u�matm°�aa�c;t t� � ), copy cud emfiaica,ates of aaasrancle with applicable policy endorsernenits showing the . . uaau,am covierage by aa!a°a mnu.au” u"ce con aany(s) ccieptaal:ole tio the City's Risk Maan ager. The i aqua st tnaa lasted as an adidifilonal insured an the General I ia't)ility and ,Aino L,iaaf.au1ity policies by, endamr emrmment, anda waiver of'subrogation endo rserneaat is required on i AL and WC of a palma M::alae, Enidarsemeiints must ble piii,,ovidied with Certificate of Insurance. Project narne r or aaauuual,:mr :nest be listed in 1..)e:criptmuan Box of Cerfi c to f Insumr mace. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,-,,.............................................................................. ,,,,,,,,,,,,......,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,........................�..._........................................................... ................................................._.._....,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ....................................................................1-1., ......... ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.................,..,,.....,,,.,............................... . . . �� mtta.�a aa�amiclof amdmlIiii-ijwry wivd PriopertyDamaggi., caaaraciamllaatmOam, nmmmm-armaaaaml material change Per occurrierwe - aggregate or t,er°a 'immaatiauma m.equ iremd on, aaH mue�i����caa�cAa and Polkies. ............. ................................................................. ...........,,,,,,,,................................... ... ......................................... .............. .....,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.. ...... .................................................................................................................................. including: S1,('00,1000 Aggrqate I Coanaal erciaal Broad Form, Premises Opea ,t.ions 3. Products/Completed O eraadiona m Contractual L.,Jability 5, Lra epiendent Contractors . Broad Firian ProperLyDamagle 7. PearscmaaaQ Iriju.uu° -.. Advertising InjUry & Herbicidet Pesticide Liability ...........................,,,..,,,,.. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ................................................................,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,..........._................................................................ FARPAUT�,;�' QAABII.JT ' ' $1;01010,0010 onfl::au:aued Single L.,Jrnit Al YFO I n Owned I Hired and Non-Owned ented/I....aeaase ,,,,,,-, „..,,�',,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,, ........................................................m„.,,,,,........................... ............................................................................................................................... ................. a�,;�': : T M:PoM: IIET,, SAI I M Statutory arW Complies with east 11 of this (All States Endorse�n:aa�ent ifiCom:aa�ny as not EhH::ait:, domicilied in I C. In the event of accidentsof any kind related to this contract, L,essee rnust furr�uish the Risk Managerwith copies of all reports of arq accidents witlain I(,)days of theaciride!ra, ILAIE E IONAI..., EYEM L)I R.E.-',k1 ................................................................................. A. Applicalale for paid lern, loyeles, I essee rnust olatain workers" �ag P r gethrough as ficiensed iltsurance coinpany, The (.:vve;-agemust 'parr wTitten on as policy arid endiorsiaments appro,ved by thie "'I"exas, DepaArnierit of fma-ance. The worlu.,,,rs" cw-nj.:)e.n!safion covierage provided must Eie in statutury arnounts accordin g to the 'rt..�,,xas Dmarlrniemt of''Insuraniciv, Dlvision of'Workers' Campermiation, An All States Endorsernent shall ble required ifl..,esee is rilot domilciled in the S..tale of TeXas. B, Lxssiee shall obtain and rnairitain iru Ed[ fbz,ce and effect feii:-'idiiv duration of this('.,'ontract!,anid any extelvisior hair"elof, at, Lessee's sicille exj.xtise, msuranCL' coveirage written on an nicicurrenice basis by compadies authorized and adrnittled to do business in the St,ate of Texas and witli an A.M. i"ating ofrw less an A-VIL icLessele, shall im re1quired to submit renewal clertificates of i,r'lsiurance fli.roughout the iemi0fthiS contract amid aruy extefrmiionswithin I r.) day,,,,,, of d W policy expiration dates" All notices undier this Exhibirshall be ,given to C'4 �al, flv., followingastir"eear ,City of Clur-ptis Christi Attar Risk Manager P,O, 'Biamu, 9277 Corpt�s Chrisfi, T'x '784169 19277 Di. Lessee agricies that, with riespect to the above reigiiahred insurainicie, all fias-umimice pr oliefe.s am to contaim nxr be, eniclorseld to contaffi the folliowing mquired pirovisions; I.Ast Hie City and its offlicers, officials, employeles, and VOILIFY[leel"S, as aidditional insureds byendur.sr.mient with rear d to ol:)eraflons, con'qpleited operations, and acti'vities of or ort of tille, named insured 19 perfurned under contract with the 'city" With the ic'!xceptiian ofthie wc)i°klers' lcrlorripirrr.,,a,tion poficy; Provide for,an, endorsemen't that the "other insurance" clause shall not apply ter thie Cally ofCorptis where alae City is an additional insured shown on the Poky; Workers" compnsafiio!n and ernployers' iiability policieswill providlau a waiver-of subrogation in faviau" of die. ('.,'ity; and Provideulnar ty(30)calleridardays advarwewritten notice direictly to it of any,canceliation,non-renewal, matt.n:,ial char�ge or tenninationin coveirage and not lessithari tt:m(p gyp') callandar days advanice %witten noticie, ftw nionpayrnera of prt,-mi LIM E Within five, ) callendar days of a canceflation, nion reriewal, material charuge or Terminatilon of coverage, L'essin,.. shall provide a replacemeint Ceirfiflicate of lr-Mvanicie and applicable andorsemerAs to CityC'Nty shall have thie option to suspend performance should there i:)e as lap sie am coveragie au tiaray time duringtbis contract. Fail'ure to 1,:w.wide and tomaintain the, reiquired insurancle sliali cinnstia,die a rnaterial 1.::areach of diis contract, F hi addifiori to any other� remedies the City rriay have tipxi Lessee's failure to provi�e�Caly . mid maintairi any, irisurmce or policy endorsemerits to the exlcra and ,l the filmehereu:a required, ffishall have fl-ile right toorder hie,reuriderr,and/orwithhold arra; C!:mymerft(s) to Lessee herclum[deirl'unfil [,,icmseeide[noi-!ast:riates,clo,r:r-apl:ianir.,, ith thie, irequirernerits lmrleof. D,,,Toffiffig herein comained shall ble corkstrued as lirnifing ira ariy y O'lle exb--mrvt Ix.) Which Lessele may bie, held Msportsiblip. f6r payrneiiits of &amages tc)l plarsiorts or propemy resulting from Lan ssec°'s or uts sW::)c1c.)ntn,,itors plerformance ldiiie work covered under this colftract. H. It is ap'eleld that IC..esseic"F; irisurari ;hall km e dielernecl prirnary and with rclsma:ctillo an,y insurance or self msurancx carTied by thiel City aro `Cam rpus Christi Rv liability arising out of c:aperafions underthis contract, I It is uxidicrswc)d l agreed that the insurancle reiqtdred is in addition tcanarate from arry other lamu bI i gat ur�i contair :ield an this curktract, 2017 Insuirance RequirernemUs Up IDipq% .Westside: 1.,aniclfiH Gi-azhig Lease Irisurancle Requiremcias 10/09121017my Risilk, N&magemexa v EXI HBIT D C11 Y IIS' leis Gil1111,sn 1[)1S1QL,.,0SU1::ZE OF Corpus � � ir�rt sawnleindied, ruires all ;o1ersoiris alir firms seek[rig to do busineith tihe City to r.,ir�`vRie thie 61i loMir-ilu linfbrrnaflori�,, Every quiestimiri must be aii iswered. lfcf-f:ptim i a�p�,--,rflcablp, �!,inswleir witfi "NA", Siele irmt N:-)agie f(.-.)r Fifing FRequirerneints, Ceilificatiori and 11�)e siniflons. C()Ml:::%NY IYAPAE: r�;e mz-Al ISTR1:'ETA DRESS: 16 P d4jeAj.S_1 P.O. BOX: v ................ s"rATI: FIRM IS: 1� ('or�po ration 2. IISairtirmirsiiip Sde Owner 4� Associallian D 5. Dther If adiditional spiaceis riecessary,, please iuse,-,4 ttie relveir-sle. Wf thi Ipage or attach separate sl"iiieiet. 'I State the narnes of eacIl i 'ernplioyee" of theGity 'of Curpil.ls 01--lirlsti havirig ain "in wiriiership interest" constitutling 3% �.::w more of the ownershili::r lin Ui-me dbove nam eld "firm." Narne Job Tide and City Depairtir"nent(ilfkiriowirii) .................................................................--....... ...... ....................................................................................................................... ................. ........................... ................... ....................................................... .......... ........................................................... 2. State ft-�e inarries of eacl--m "lofflicW" of tl-,u!e City �o,f Corpus Chr-tsti N--iaviriig arra "Owneirst"0p iriiterest" con StItUti nig or rnorip of the in tti& above riarned "firr-n.'" Namie I itie ........................ ................................................................................................................................................................... ................................................................................................... ....................................... .......................... .......................... 3. State thie riaIran ias of each 'boairr.l rnernbeir' orf thie MY Of C01rPUS 011riSt! N--iinairi `owrsersihiq::u it-Aerest" cun irmtib.ding '31% or rnoire of the owriershipfire theablove narneld "fir-rin." Name B�oardl, (��',orrrrnissiion or Coir"nimittee ............................................................................................. .. ......... ...................... ........... ........ 4. State the riarrms of eiaic!"I errlplio &B �or Officer of a "CIDIr"11SU'Ralrit" for fl1e Gity t.::4' Coir,Ipl�s 101"Iristi wtm worked,,Inn airl mattleir reWted rio, 11--ie subject lo�f this contiract airild i,tas arm "lown1w ship ir-stleirest" consfitu lOr.Mora of the owr�ershlp in thc:-� abluve inarne.id 'firnrm, Name cloir-Isultairit . ............. ...... .......... ............. ---------------------- ................ ........--- FILING REQUIREMENTS If a person wino requests official action on a matter r kmn that the requested action will confer an economic b mn fut on any City official Jnr 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 Inas been requested to act in the matter, unless the interest f the City official or employee in the matter is apparent,. The disclosure shall also be invade in a signed writing ng filed with the City Secretary~ �Ethics OrdinanceSection 2-349 (d)].. CERTIFICATION I certify th t and Information provided is true and correct as of the date of this statement, that d have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptlyuub itt d to the City of Corpus Christi" Texas" as changesoccur. Certifying Persian: Title: Signature f � � � � Date Certifying Persog; DEFINITIONS „ " o and member." A member of any board, commission, or committee of the city" including the board of any corporation created by the city., b. "Economic is b mm fit". An action that Is likely to affect an economic interest if it is likely to have mn effect on that interest that is distinguishable from !Is effect on members of the public In general or substantial segment thereof. of. . "Employee." Any person emmmpOoy d by the city" whether under civil service air not, including part- time mmmploy and employees of any corporation created by the city, d, "Firm,"," Army entity operated tom.. economic gain,, whether professional, iinduustri 0 or commercial, and whether t blish d to produce or deal with a product or service, including but riot limited d tri" entities operated in the forim of We proprietorship,, as self-employed pigeon" partnership, orpor tion, joint stock company, joint venture, receivership or trust" and entities which for purposes of taxation are treated as non-profit organizations. . "OfficoaL" The Mayor,, members of the City Council, City Manager, Deputy City Manager,, Assistant City Managers,ra" Departmm e nt and Division treads„ and Municipal Court Judges of the City of Corpus Christi, Texas. t, "Ownership Interest." Legal or equitable interest, whether actually or constructively bald" in a firm, including when such interest its held thorough an agent, trust" estate, or holding entity. "Constructively held" refers to h 6d`urmgs or control established through voting trusts, proxies, or spacial terms of venture or partnership ip agr «mems. q„ "Consultant." Any person or firm, such as engl ne ra and architects, hired by the City of Corpus Christi for the purpose of prrut a lorna0 consultation and recommendation. SCALE: N.T.S. NUECES RIVER NUECES BAY 1ts1 ANNAVILLE PROJECT LOCATION � ✓p� F G�rOti c N Z Z Q S 0 <E CORPUS CHRISTI SHIP C o OAgRO Q. � LEOPARD Q U � a i 44 44 CORPUS CHRISTI pOw/ 286 INTERNATIONAL r AIRPORT ORGP Q 358 1 M 3° T� p° m Z N T N s9y COR T �2 c�O<F 4iygR �pyy 3p/� pp'N G T U C h 358 Zy Q� �TOCA3 'r �O�f O CASANISS h Z OS FIELD Q4 665 43 O O� Q' 286 w z C O 2444 wH LOCATION MAP NOT TO SCALE FORMER WESTSIDE LANDFILL CITY COUNCIL EXHIBIT . ' FIVE YEAR GRAZING LEASE CITY OF CORPUS CHRISTI,TEXAS (74.84 ACRES) DEPARTMENT OF ENGINEERING SERVICES N ao� SCALE: N.T.S. o CITY 7.06 ACRES U l ,s w I i' f° Hearns Ferry Rd ,i `LI PROPOSED GRAZING LEASE AREA FORMER WESTSIDE LANDFILL 74.84 ACRES VICINITY MAP ; NOT TO SCALE FORMER WESTSIDE LANDFILL CITY COUNCIL EXHIBIT FIVE YEAR GRAZING LEASE CITY OF CORPUS CHRISTI,TEXAS (74.84 ACRES) DEPARTMENT OF ENGINEERING SERVICES CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l 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 Z Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-292841 John Steven Twilligear Portland,TX United States Date Filed: 2 Name of governmental entity or state agency t at is a to the contract for aG t o r s 12111/2017 being filed. City of Corpus Christi Date Acknowdedged. 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. Grazing lease-Westside L n fi Grazing lease agreement 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary it 5 Check only if there is No Interested Party. 71 X A FI AV I swear,or affirm,under penalty of perjury,that the above disclosure is tree and correct. EUSE810 GARZA, Ill w m , *y Notary Public,State of Texas ° Comm. Expires 02-14-2021 a rotary ID 3106972 Signature o,aut'ho",rored aent of cont ting business entity zo/ AFFIX NOTARY STAMP 6 SEAL ABOVE Sworn to and subscribed before me,by the said "" �:� �� iii,;,ttr� � day oL, ��� 2D, ,to certify which, tness my hand and seal of office. s ster�r� oath .....Title � "A00 w signature of officer admin' rim oath Printed name of officer at pmt" g of officer ad nlstering oath Forms provided by Texas Ethics Commission ,ethics.state,tx,us `version V1.0.3337 11 Carpus Chr sti Engineering Grazing Lease Agreement Former Westside Landfill Council Presentation January 9, 2018 �� VtilllJ ypgpr�� Lease Location Corpus Chr sti Engineering NUECE5 RIVER y SCALE: N.T.S. NUECES BAY 181 �e �� d V �ro �c O'QR/pOR w IV Q SNIP CIIANN 0 CORPUS CHRISTI Op w 0 FORMER WESTSIDE LANDFILL �EOPARo FIVE YEAR GRAZING LEASE 74.84 ACRES 44 CORPUS CHRISTI p AA�Oh'//y 286 INTERNATIONAL AIRPORT0 G O 358 � M C) Q�" 9 N 0 4�Q� 92 ��ti 3P h �O YA o 1O 0 s.a a 0 Lease Vicinity Map Corpus Chr sCi Engineering N Hy�l SCALE N.T.S. PROPOSED GRAZING LEASE FORMER WESTSIDE LANDFILL 74.84 ACRES i � iu uv aim „ k,i 1 Five-Year Grazing Lease Corpus Chr�st Engineering • Grazing lease area contains 74.84 fenced in acres. • Cash rent is $29 per acre. Median rent for Nueces County is $15. • Annual lease rent is $ 2,170.36, payable in advance. • The five-year lease term is effective February 1, 2018 and ends on January 31, 2023. • Tenant must comply with all applicable Federal, State, and local laws, rules, and regulations. • Lease is not assignable or cannot be sub-leased. • Tenant carries commercial general liability insurance in the amount of $1"000"000. se o� � v AGENDA MEMORANDUM NORPORpEO Future Item for the City Council Meeting of January 9, 2018 1852 Action Item for the City Council Meeting of January 16, 2018 DATE: January 9, 2018 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Maintenance Ilmd(cDcctexas.com (361) 826-1909 Mike Markle, Police Chief MikeMa(c cctexas.com 361-886-2601 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim 2&cctexas.com (361) 826-3169 Purchase of Police Vehicles CAPTION: Motion approving the purchase of 45 police vehicles from Caldwell Country Ford dba Rockdale Country Ford, of Rockdale, Texas, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard for the total amount not to exceed $1,389,685.00. Funds have been approved for FY2017-2018. PURPOSE: This item is to approve the purchase of 45 police vehicles for the Police Department. BACKGROUND AND FINDINGS: The Police Department currently has a requirement of 74 marked patrol units backed up by 18 spare units to fill in when one of the 74 is being serviced or repaired. Of these 92 total vehicles, 45 are at or approaching the end of their service lives (4 years or 120,000 miles). The 45 units to be purchased are the second of a two stage buy, the first stage having been purchased in March 2017. These units are replacements. This purchase of these Ford Explorer Police Interceptors will be used by Police Officers in the performance of their duties throughout the City and keeps pace with efforts to continue to modernize the Police Fleet. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: The equipment identified is the optimum choice for the tasks to be performed. The power configuration for these vehicles is not compatible with the CNG fuel application. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Police Grants, Police Training and Fleet Maintenance Services FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $7,870,460.00 $0.00 $7,870,460.00 Encumbered / Expended Amount $2,287,757.91 $2,287,757.91 This item $1,389,685.00 $0.00 $1,389,685.00 BALANCE $4,193,017.09 $0.00 $4,193,017.09 Fund(s): Fleet Maintenance Service, Police Grants, and General Fund Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION FORD PI UTILITY VEHICLES BUYER: MINERVAALVARADO TLGPC 521-16 Caldwell Country Chevrolet dba Rockdale Country Ford Rockdale, TX ITEM DESCRIPTION QTY. UNIT UNIT EXTENDED PRICE PRICE 1. 2018 PI Utility AWD 45 EA $30,309.00 $1,363,905.00 2. BuyBoard Fee 1 EA $400.00 $400.00 3. Freight 45 EA $564.00 $25,380.00 Purchase Cost: $1,389,685.00 se o� � v AGENDA MEMORANDUM NORPORpEO Future Item for the City Council Meeting of January 9, 2018 1852 Action Item for the City Council Meeting of January 16, 2018 DATE: January 9, 2018 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Maintenance iim C`a)cctexas.com (361) 826-1909 Mike Markle, Police Chief MikeMa(c_cctexas.com 361-886-2601 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim 2&cctexas.com (361) 826-3169 Purchase of Two 15-Passenger Vans for Police Department CAPTION: Motion approving the purchase of two 15-passenger vans from Caldwell Country Chevrolet from Caldwell, Texas, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard for the total amount not to exceed $58,788.00, funded in FY2017-18. PURPOSE: This item is to approve the purchase of two passenger vans for the Police Department. BACKGROUND AND FINDINGS: The Police Department currently has a need for the purchase of two 15-passenger Express Vans. The vehicles will be used to transport Police Cadets who are participating in the forthcoming Police Training Academy. They will be operated by the Police Training Division and will also be used to augment and support future operations within that division. These units are additions to the Police Fleet 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: Police Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $316,869.98 $0.00 $316,869.98 Encumbered / Expended Amount $800.00 $800.00 This item $58,788.00 $0.00 $58,788.00 BALANCE $257,281.98 $0.00 $257,281.98 Fund(s): General Fund Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION CHEVROLET PASSENGER VANS BUYER: MINERVAALVARADO TLGPC 521-16 Caldwell Country Chevrolet Caldwell, Texas ITEM DESCRIPTION QTY. UNIT UNIT EXTENDED PRICE PRICE 1. 2018 Chevrolet Express Van 2 EA $28,758.00 $57,516.00 2. BuyBoard Fee 1 EA $400.00 $400.00 3. Freight 2 EA $436.00 $872.00 Purchase Cost: $58,788.00 se o� � v AGENDA MEMORANDUM NORPgRpEO Future Item for the City Council Meeting of January 9, 2018 1852 Action Item for the City Council Meeting January 16, 2018 DATE: January 9, 2018 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief ocha(dr cctexas.com (361) 826-3932 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim 2p_cctexas.com (361) 826-3169 Purchase of Three Medic Units for the Corpus Christi Fire Department CAPTION: Motion approving the purchase of three 2018 Medic Units from Knapp Chevrolet, of Houston, Texas, based on the cooperative purchasing agreement with Local Government Purchasing Cooperative dba BuyBoard, for a total amount not to exceed $669,725.00, for which funds are budgeted for FY2017-18 in the Fleet Maintenance Service Fund. PURPOSE: This item is to approve the purchase of three 2018 Medic Units for the Fire Department. BACKGROUND AND FINDINGS: The Corpus Christi Fire Department is proposing the purchase of three medic units. These three units will be placed in high volume fire stations. Two of the current units will be reassigned to two medic units and one will go into reserve status. The units are utilized for Emergency Responses. The anticipated rotation of these units will be six months from the issuance of the purchase order. 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: Fire FINANCIAL IMPACT: ❑ Operating ❑ Revenue x Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $669,725.00 $0.00 $669,725.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $669,725.00 $0.00 $669,725.00 BALANCE $0.00 $0.00 $0.00 Fund(s): Fleet Maintenance Service. Comments: Funding for the purchase is approved in the FY 2017-2018 budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION MEDIC UNITS BUYER: MINERVA ALVARADO TLGPC 492-15 Knapp Chevrolet Houston, TX ITEM DESCRIPTION QTY. UNIT UNIT EXTENDED PRICE PRICE 1. Medic Units 3 EA $222,425.00 $667,275.00 2. BuyBoard Fee 1 EA $800.00 $800.00 3 Freight 3 EA $550.00 $1,650.00 Purchase Cost: $669,725.00 SC © ri AGENDA MEMORANDUM "mPma=° Future Item for the City Council Meeting of December 19, 2017 185R, Action Item for the City Council Meeting of January 9, 2017 DATE: November 6, 2017 TO: Margie C. Rose, City Manager THRU: Annette Rodriguez, M.P.H., Director of Public Health Annetter@cctexas.com 361.826.7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361.826.1348 Amending the Reformed Cooperative Agreement with Nueces County for operation of the Corpus Christi-Nueces County Public Health District. CAPTION: Resolution authorizing the City Manager or designee to execute a Second Amendment to the Reformed Cooperative Agreement between the City of Corpus Christi and the County of Nueces County, Texas to Operate a Public Health District to provide for additional cost-shares of expenditures from the County to the City. PURPOSE: To provide for a cost sharing formula to allocate the annual cost of a Buyer position, and Information Technology and Facility Services for the Public Health District. BACKGROUND AND FINDINGS: The Terms and Conditions of the Agreement is amended by adding: Section : 5. The City and County shall share in funding salary and benefits of a BuyerPosition in the City's Purchasing Department at the percentage of 53.67% City and 46.33% County. The position will start at grade 204. Position benefits include retirement, health benefits, workers' compensation insurance and general liability insurance. The City and County shall continue to share in funding the salary and benefits for this position annually in the percentages listed and acknowledge that the cost of the salary and benefits for this additional position may increase annually in accordance with City pay policies. The City shall bill the County monthly for salary and benefit cost sharing. Section : I. Miscellaneous Cost Sharing Provisions 1. The City and County shall share in the cost in providing information technology services to the Health District employees based on the percentage of City employees versus County employees. For fiscal year 2017 the estimated total cost to the City in providing information technology services for the employees of the Health District is $234,120.00. The percentage contribution shall be 65.07% City and 34.93% County. 2. The City and County acknowledge that the cost associated in providing information technology services may increase annually. The City and County agree to continue to share in the cost based on the percentage of employees without having to amend this Agreement, unless the costs increase by more than 3% based upon the percentage change in the Consumer Price Index-All Urban Consumers (CPI-LI) for the Houston- Galveston-Brazoria, TX area-All Items, during the one year period immediately preceding such Fiscal Year, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, or any revised or successor index hereafter published by the Bureau of Labor Statistics or other department of the United States Government succeeding to its functions. 3. The City and County shall share in the costs in providing facilities to the Health District employees at the percentage of 53.67% City and 46.33% County. For fiscal year 2017 the estimated total cost to the City in providing facilities to the Health District is $200,136.00. 4. The City and County acknowledge that the costs associated in providing City facilities may increase annually. The City and County agree to continue to share in these costs based on the percentages in paragraph 3 without having to amend this Agreement, unless the costs increase by more than 3% based upon the percentage change in the Consumer Price Index-All Urban Consumers (CPI-LI) for the Houston-Galveston- Brazoria, TX area-All Items, during the one year period immediately preceding such Fiscal Year, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, or any revised or successor index hereafter ALTERNATIVES: Refuse to sign the amendment and accept the funds from Nueces County to operate the Health District. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of agreement amendment. EMERGENCY/ NON-EMERGENCY: Non-Emergency. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: ❑ Operating ® Revenue (1) ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures Current Future 2017-2018 (CIP only) Year Years TOTALS Line Item Budget Encumbered / Expended Amount This item $202,224 $202,224 BALANCE $202,224 $202,224 Fund(s): General Comments (1): Estimated Cost Sharing Revenue from Nueces County for: Buyer Position: $27,713 IT Services: $81,788 Facility Services: $92,723 Total: $202,224 RECOMMENDATION: Staff recommends approval of this agenda item LIST OF SUPPORTING DOCUMENTS: 1. Resolution 2. Second Amendment to the Reformed Cooperative Agreement between the City of Corpus Christi and the County of Nueces Resolution authorizing the City Manager or designee to execute a Second Amendment to the Reformed Cooperative Agreement between the City of Corpus Christi and the County of Nueces County, Texas to Operate a Public Health District, to provide for additional cost-shares of expenditures from the County to the City. WHEREAS, the City of Corpus Christi and Nueces County, Texas previously entered into an Agreement effective April 21, 2009 to cooperatively operate a public health district for the benefit of both parties ("Agreement"); and WHEREAS, a First Amendment to the Reformed Cooperative Agreement was approved by City Council on August 21, 2012; and WHEREAS, the City and County need to amend the Agreement again to provide for a cost sharing formula to allocate the annual cost of a Buyer position and Information Technology Services for the Public Health District; and WHEREAS, the Second Amendment to the Reformed Cooperative Agreement is hereby presented to the City Council for review and approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Manager or designee is authorized to execute the Second Amendment to the Reformed Cooperative Agreement between Corpus Christi, Texas and the County of Nueces, Texas to Operate a Public Health District. A copy of the Second Amendment is attached hereto as Exhibit "A". Section 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of Page 1 of 2 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 Page 2 of 2 10-- SECOND AMENDMENT TO THE REFORMED COOPERATIVE AGREEMENT TO OPERATE A PUBLIC HEALTH DISTRICT This second amendment ("Second end t") is made by and between the City of Corpus Christi ("City") and Nueces County ("County"). WHEREAS, the City and the County previously entered into an agreement effective April 21, 2009 ("Agreernenf), to cooperatively operate a public health district ("Health District") for the benefit of both parties; and WHEREAS, the City and the County previously amended the Pay Plan found in the Attachments 1 and 2 of Attachment"B" (entitled "Ter ms and Conditions") of the existing Agreement to include the revisions set out in the document entitled First Amendment to the Reformed Cooperative Agreement to Operate A Public Health District ("First Amendment") effective September 1, 2013; and WHEREAS, the City and County acknowledge that the current Agreement, Terms and Conditions and First Amendment do not address the allocation of costs associated with the City providing the purchasing function for the Health District and cost associated with provision of facilities and information technology services for the Health District; and WHEREAS, the City and County mutually desire to amend Attachment"B" (entitled "Terms and Conditions") of the existing Agreement and associated attachments to the terms and conditions to include the revisions set out in this Second Amendment. NOW, THEREFORE, in consideration of the premises and the mutual promises made in this Amendment No. 2, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, each of the Parties hereby agrees as follows: Section 1. The language contained in the preamble above is incorporated by reference in this section. Section 2. Part"E" of the Terms and Conditions of the Agreement is amended by ad d i ng new subpart"5" to read a s follows: "5. The City and County shall share in funding salary and benefits of a Buyer Position in the City's Purchasing Department at the percentage of 53.67% City and 46.33% County. The position will start at grade 204. Position benefits include retirement, health benefits, workers' compensation insurance and general liability insurance. The City and County shall continue to share in funding the salary and benefits for this position annually in the percentages listed and acknowledge that the cost of the salary and benefits for this additional position may increase annually in accordance with City pay policies. The City shall bill the County monthly for salary and benefit cost sharing. City agrees to provide written notice to County of any annual increase in the salary and benefits of the City Buyer Position via certified mail to County Judge, 901 Leopard, Room 303, Corpus Christi, Texas 78401 prior to effective date of such increase. Section 3. The Terms and Conditions of the Agreement are amended by adding new Part"I" to read as follows: "I. Miscellaneous Cost Sharing Provisions 1. The City and County shall share in the cost in providing information technology services to the Health District employees based on the percentage of City employees versus County employees. For fiscal year 2017 the estimated total cost to the City in providing information technology services for the employees of the Health District is $234,120.00. The percentage contribution shall be 65.07% City and 34.93% County. 2. The City and County acknowledge that the cost associated in providing information technology services may increase annually. The City and County agree to continue to share in the cost based on the percentage of employees without having to amend this Agreement, unless the costs increase by more than 3% based upon the percentage change in the Consumer Price Index—All Urban Consumers (CPI- ) for the Houston- Galveston-Brazoria, TX area—All Items, during the one year period immediately preceding such Fiscal Year, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, or any revised or successor index hereafter published by the Bureau of Labor Statistics or other department of the United States Government succeeding to its functions. 3. The City and County shall share in the costs in providing facilities to the Health District employees at the percentage of 53.67% City and 46.33% County. For fiscal year 2017 the estimated total cost to the City in providing facilities to the Health District is $200,136.00. 4. The City and County acknowledge that the costs associated in providing City facilities may increase annually. The City and County agree to continue to share in these costs based on the percentages in paragraph 3 without having to amend this Agreement, unless the costs increase by more than 3% based upon the percentage change in the Consumer Price Index—All Urban Consumers (CPI-U} for the Houston-Galveston-Brazoria, TX area—All Items, during the one year period immediately preceding such Fiscal Year, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, or any revised or successor index hereafter published by the Bureau of Labor Statistics or other department of the United States Government succeeding to its functions. 5. The City shall bill the County annually for cost sharing associated with providing information technology services and facilities. 6. The City agrees to provide written notice to County of any annual increases in costs for facilities or information technology services via certified mail to County Judge, 901 Leopard, Room 303, Corpus Christi, Texas 78401 prior to the effective date of the increase. Section 4. This Second Amendment is made effective October 1, 2017, and after final approval of the parties' governing bodies to the execution of this document by the parties' authorized representatives. (EXECUTION PAGE FOLLOWS) EXECUTED IN DUPLICATE, each of which is considered an original, on this the day of Mb.?- 2017. V , CITY OF CORPUS CHRISTI ATTEST: Margie C. Rose Rebecca L. Huerta City Manager City Secretary APPROVED AS TO FORM: 92017 Yvette Aguilar Assistant City Attorney fort City Attorney Nueces County ATTEST: uel IW. Ne r. Ka ands County Judge County Clerk APPROVED AS TO FORM: Pwfi�wbfye, NA 2017 ON Laura Garza-Jimenez County or se w �a 0 v AGENDA MEMORANDUM N�oFPQpp`Ea Future Item for the City Council Meeting of January 9, 2018 1852 Action Item for the City Council Meeting of January 16, 2018 DATE: January 3, 2018 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 Professional Services Agreements Geotechnical and Construction Materials Testing CAPTION: Motion authorizing the City Manager, or designee, to execute three (3) separate two-year Master Services Agreements (MSAs)with not-to-exceed amounts of $800,000 each with Professional Service Industries, Rock Engineering & Testing Laboratory, and Tolunay-Wong Engineers for geotechnical engineering and construction materials testing. The aggregate not-to-exceed value of these three contracts is $2,400,000. PURPOSE: The purpose of this agenda item is to obtain authority to execute MSAs with Professional Service Industries, Rock Engineering & Testing Laboratory, and Tolunay-Wong Engineers for$800,000 each. BACKGROUND AND FINDINGS: Proper design and quality control are necessary to ensure the longevity of construction projects. Geotechnical testing during the design phase helps ensure that designs are appropriate for existing soil conditions. To achieve proper quality control, it is essential to test construction materials to ensure compliance with the design specifications. The investment in geotechnical engineering and materials testing pays large dividends in terms of post-construction project longevity. Testing costs typically represent less than 2% of the total construction cost. Testing is a strategic investment that helps capital infrastructure projects avoid premature distress and failure. An MSA is type of contract where work is accomplished by multiple task orders under a blanket set of terms and conditions. Engineering Services is increasingly using MSA's for professional services. The MSA allows the City to individually negotiate Task Orders for discrete scopes of work under a blanket set of terms and conditions. Historically, individual testing contracts have been executed for each capital project. Engineering believes that using MSA's will be a more efficient means of procuring Geotechnical and Materials Testing services. By using MSA's and managing each project as a task order under the MSA, overhead and administrative effort is reduced. The contracts are limited by the stipulated contract term and the not-to-exceed contract amounts. These MSAs will provide for geotechnical investigations during the design phase and materials testing during construction. The proposed MSA's are for a two-year term with no extensions or renewals. Three firms were selected to ensure adequate capacity and responsiveness to support the Capital Improvement Program (CIP), Bond Programs and Operational Projects for streets, utilities, airport, marina, facilities, etc. Individual task orders will be developed with scope and fee for each Task Order that will be administratively authorized by City Manager, or designee. The MSA's have not to exceed amounts of ($800,000). That amount was based on approximately 1% of the projected construction budgets for planned CIP, Bond and operational projects. Actual fees will be negotiated per Task Order (TO) based on established contract rates. ALTERNATIVES: 1. Execute Master Services Agreements as proposed. (Recommended) 2. Do not execute Master Services Agreements. OTHER CONSIDERATIONS: Professional Service Industries, Rock Engineering &Testing Laboratory, and Tolunay-Wong Engineers were selected for geotechnical and construction materials testing by RFQ No. 2017-01 dated April 7, 2017. CONFORMITY TO CITY POLICY: The MSAs and selection process comply with the Professional Procurement Act and City Policy. Professional Service Industries, Rock Engineering &Testing Laboratory, and Tolunay-Wong Engineers were selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: ® Operating ❑ Revenue ® Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Budget $1,260,000 $1,260,000 $2,520,000 Encumbered/Expended Amount This item 1,200,000 1,200,000 2,400,000 Future Anticipated 60,000 60,000 120,000 Expenditures This Project BALANCE $0 $0 $0 Fund(s): Various as determined by project type RECOMMENDATION: City Staff recommends approval of three MSAs with Professional Service Industries, Rock Engineering &Testing Laboratory, and Tolunay-Wong Engineers in the amount of$800,000 each for the duration of the individual agreement. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Master Services Agreement Professional Service Industries Master Services Agreement Rock Engineering & Testing Laboratory Master Services Agreement Tolunay-Wong Engineers Presentation PROJECT BUDGET Geotechnical and Construction Materials Testing Master Services Agreements FUNDS AVAILABLE: Various (Programmed within each project budget)..................................................................... $ 2,520,000 Total Funds Available........................................................................................................ 2,520,000 FUNDS REQUIRED: TestingFees Total.............................................................................................................. 2,400,000 Master Services Agreement (Professional Services Industries)........................ 800,000 Master Services Agreement (Rock Engineering &Testing Laboratory)............... 800,000 Master Services Agreement (Tolunay-Wong Engineers)................................. 800,000 Reimbursements Total........................................................................................................ 120,000 Administration/Finance (Capital Programs/Capital Budget/Finance).................. 48,000 Engineering Services (Project Mgt/Const. Mgt/Traffic Mgt).............................. 72,000 Total Funds Required.......................................................................................................... 2,520,000 ESTIMATED PROJECT BUDGET BALANCE.......................................................................... - N SCALE: N.T.S. CITY-WIDE PROJECT o 0 D y O� a� NUECES BAY :"P 0 77 CORPUS CHRISTI ETMOWN v cceim arwsn oea '. aes CORPUS CHRIBII BAY ,4 aes .. es 040 BAYS FLOUR BLU zw� Itl M1 LAGUM MADRE GULF OF MDUCO LOCATION MAP NOT TO SCALE CITYWIDE MASTER SERVICES AGREEMENT FOR CITY COUNCIL EXHIBIT `" GEOTECHNICAL AND CONSTRUCTION CITY OF CORPUS CHRISTI,TEXAS MATERIALS TESTING DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI MASTER SERVICES AGREEMENT GEOTECHNICAL AND CONSTRUCTION MATERIALS TESTING Project No. 17099A This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or designee and Professional Service Industries, Inc., a Texas Corporation, 810 South Padre Island Drive, Corpus Christi, Texas 78416 ("Lab"). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER.....................................................................................2 ARTICLE II COMPENSATION.................................................................................................2 ARTICLE III INSURANCE REQUIREMENTS...........................................................................3 ARTICLE IV INDEMNIFICATION..............................................................................................3 ARTICLE V TERM; RENEWALS; TIMES FOR RENDERING SERVICE.................................3 ARTICLE VI TERMINATION OF AGREEMENT .......................................................................4 ARTICLE VII RIGHT OF REVIEW AND AUDIT.........................................................................4 ARTICLE VIII MISCELLANEOUS PROVISIONS........................................................................4 EXHIBITS: EXHIBIT "A" TERMS AND CONDITIONS EXHIBIT "B" SAMPLE TASK ORDER Page 1 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\MSA GEOTECHNICAL CONSTRUCTION MATERIALS TESTING\MSA PSI\2017-18 MASTER SERVICES AGREEMENT-GEOTECHNICHAL-CONSTRUCTION MATERIALS TESTING PSI.DOC ARTICLE I — PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Lab agree will be performed under the terms and conditions of this Agreement. Each task Lab performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Lab. Each properly executed Task Order shall become a separate supplemental agreement to this Agreement. 1.2 The Lab shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for Lab to provide such Services, pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence in accordance with the standard of care defined in Article VIII of this Agreement. 1.3 All services provided by Lab shall be performed in accordance with the Terms and Conditions to this Master Services Agreement attached hereto and incorporated herein as Exhibit A. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 Lab must perform tasks and services and submit deliverables as detailed in each approved Task Order. A sample Task Order Form is attached as Exhibit B. 1.5 Lab must provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Persons retained by Lab to perform work pursuant to this Agreement shall be employees or subcontractors or subconsultants of Lab. Lab must provide City with a list of all subcontractors/subconsultants that includes the services performed by the subcontractors/subconsultants and the percentage of work performed by the subcontractor/subconsultant. Changes in Lab's team that provides services under this Agreement must be agreed to by the City in writing. 1.6 Lab must not begin work on any Task Order authorized under this Agreement until notified in writing to proceed by City's Director of Engineering or authorized designee. ARTICLE 11 —COMPENSATION 2.1 The Compensation for all services performed under this Agreement shall not exceed $800,000. 2.2 The Lab's fee for each Task Order will be on a quantity and unit price basis or lump sum basis with a negotiated not-to-exceed amount. The fees will not exceed those set out in the Task Order and will be full and total compensation for all services outlined in each Task Order, and for all expenses incurred in performing these services. City agrees to pay the Lab for services provided in accordance with each Task Order issued by the City and according to the fee schedule and/or amount not to exceed set out in each Task Order. 2.3 All services shall be performed in accordance with the applicable standard of professional care set forth herein and to City's satisfaction,which satisfaction shall be judged by the Director in his/her sole discretion. City shall not be liable for any payment under this Agreement for services which are unsatisfactory and which previously have not been approved by the Director. 2.4 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Lab 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 Lab does not initiate and follow the claims Page 2 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\MSA GEOTECHNICAL CONSTRUCTION MATERIALS TESTING\MSA PSI\2017-18 MASTER SERVICES AGREEMENT-GEOTECHNICHAL-CONSTRUCTION MATERIALS TESTING PSI.DOC procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.5 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer. 2.6 Request for final compensation by Lab shall constitute a waiver of claims except those previously made in writing and identified by Lab as unsettled at the time of final Payment Request. 2.7 Any fee payable under this Agreement is subject to the availability of funds. The Lab may be directed to suspend work pending receipt and appropriation of funds. ARTICLE III — INSURANCE REQUIREMENTS 3.1 Lab must not commence work under this Agreement until all required insurance has been obtained, and such insurance has been approved by the City. Lab must not allow any subcontractor or sub consultant to commence work under this Agreement until all similar insurance required of any subcontractor or sub consultant has been obtained. 3.2 Insurance Requirements for this Agreement are set out in the Terms and Conditions to this Agreement which is attached hereto and incorporated herein as Exhibit A. ARTICLE IV- INDEMNIFICATION Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or consultant, 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 Lab or its agent, Lab under contract or another entity over which Lab exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Lab shall defend Indemnitee,with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. Page 3 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\MSA GEOTECHNICAL CONSTRUCTION MATERIALS TESTING\MSA PSI\2017-18 MASTER SERVICES AGREEMENT-GEOTECHNICHAL-CONSTRUCTION MATERIALS TESTING PSI.DOC ARTICLE V—TERM; RENEWALS; TIMES FOR RENDERING SERVICE 5.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 5.2 This Agreement shall be applicable to all Task Orders issued hereunder from the Effective Date of the Agreement until Agreement expires or is terminated earlier by either party. 5.3 The 0P0t+a1 term of this Agreement shall be two (2)years from the Effective Date. Therea#er,this greemepA the parties to be evidepGed OR WFitiRg PFier to the expiratiGR date of the prier term. ARY R_QAf_Q1.V_;31r0 Sh-RII h_R_ _at Oho s_mo 4ormc 7r,d GE)RditiGRG plus aR y approved nhaRg m , pl 5.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Lab will perform services and provide deliverables within a reasonable time. ARTICLE VI -TERMINATION OF AGREEMENT 6.1 City may terminate this Agreement or Task Order under this Agreement,with or without cause, upon seven days written notice to Lab at the address of record. 6.2 Lab will be compensated for authorized services completed up to the date of termination. ARTICLE VII — RECORD RETENTION; RIGHT OF REVIEW AND AUDIT 7.1 Lab grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Lab's records relating to the work and/or services provided 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. Lab 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. 7.2 "Lab's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements,sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 7.3 City agrees that it shall exercise the right to audit, examine or inspect Lab's records only during City's regular business hours. Lab agrees to allow City's designee access to all of Lab's records, Lab's facilities and Lab's current or former employees, deemed necessary by City or its designee(s),to perform such audit, inspection or examination. Lab also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 7.4 Lab shall include this audit clause in any subcontractor, supplier or vendor contract. Page 4 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\MSA GEOTECHNICAL CONSTRUCTION MATERIALS TESTING\MSA PSI\2017-18 MASTER SERVICES AGREEMENT-GEOTECHNICHAL-CONSTRUCTION MATERIALS TESTING PSI.DOC ARTICLE VIII — MISCELLANEOUS PROVISIONS 8.1 Assignability. The Lab will not assign,transfer or delegate any of its obligations or duties in this Agreement to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the Lab staff. If the Lab is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Lab fee may be assigned in advance of receipt by the Lab without written consent of the City. The City will not pay the fees of experts or technical assistance or other Labs unless such employment, including the rate of compensation, has been approved in writing by the City. 8.2 Ownership of Documents. Lab 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, test results and submittal data. Lab may retain a copy for its files. 8.3 Standard of Care. Services performed by Lab will be conducted in a manner consistent with that level of skill and care ordinarily provided by competent members of the profession practicing under the same or similar circumstances and professional license. 8.4 Licensing. Lab 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. 8.5 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Lab 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 Lab. 8.6 Disclosure of Interest. Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 8.7 Certificate of Interested Parties. Lab agrees to complywith Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties"with respect to entities that enter contracts with cities that exceed$50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or C. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (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—forml295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.htmI. Page 5 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\MSA GEOTECHNICAL CONSTRUCTION MATERIALS TESTING\MSA PSI\2017-18 MASTER SERVICES AGREEMENT-GEOTECHNICHAL-CONSTRUCTION MATERIALS TESTING PSI.DOC 8.8 Conflict of Interest. Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at httKa://www.cctexas.com/govern meat/city®secretary/conflict®disclosure/index 8.9 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. 8.10 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. 8.11 Conflict Resolution Between Documents. Lab hereby agrees and acknowledges if anything contained in the Lab's Response to the City's Request for Qualifications No. 2017-001, or in any other document prepared by Lab and included herein, is in conflict with the terms of this Agreement, which incorporates Exhibit A, and/or an approved Task Order, this Agreement and/or the Task Order shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI PROFOSI A SERVICE IN� TRIES, INC. ° el" 11/27/2017 Jeff H. Edmonds, P. E. Date Henry a M' o, P. E. Date Director of Engineering Services Branc Manager 810 South Padre Island Drive Corpus Christi, TX 78416 APPROVED AS TO LEGAL FORM (361) 854-4801 Office henry.galindo@psiusa.com Assistant City Attorney Date ATTEST Rebecca Huerta, City Secretary Funding info is N/A at this time. Funding info will be provided upon execution of Task Order No. 1. Project Number N/A Accounting Unit N/A Account N/A Activity N/A Account Category N/A Fund Name N/A Page 6 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\MSA GEOTECHNICAL CONSTRUCTION MATERIALS TESTING\MSA PSI\2017-18 MASTER SERVICES AGREEMENT-GEOTECHNICHAL-CONSTRUCTION MATERIALS TESTING PSI.DOC EXHIBIT A TERMS AND CONDITIONS TO GEOTECHNICAL AND CONSTRUCTION MATERIALS TESTING AGREEMENT ARTICLE 1. SERVICES: Lab will: 1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable and other standards designated in writing by the City Engineer. 1.3 Promptly submit formal reports(printed and electronic copies)of tests, inspections and services performed indicating,where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. 1.5 Secure representative samples of those materials that the City's contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.6 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies specifically designated in writing by the City Engineer. 1.7 Pay salaries,wages, expenses, social security taxes,federal and state unemployment taxes and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will: 2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by Lab. 2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's services to be performed under this Agreement and which must be promptly notified by Lab when it appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority concerning the Project. 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to: Master Services Agreement (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to facilitate the specified inspection and tests; (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that must remain on the Project site prior to, during and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the Project architects, design engineers or any other design agencies or authorities. 3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or other contract documents nor to approve or accept any portion of the work. Lab does not have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate times for Lab to conduct the sampling,testing or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services.The City and Lab also agree that Lab will not assume responsibility for Project contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non-hazardous samples, and return hazardous, acutely toxic or radioactive samples and samples' containers and residues to City. City agrees to accept such samples and samples' containers. ARTICLE 5. INSURANCE REQUIREMENTS 5.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. Master Services Agreement TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by applicable Per occurrence - aggregate policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) $2,000,000 Aggregate (Defense costs must be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000/$500,000/$500,000 5.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 5.4 Applicable for paid employees, Lab must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers'compensation obligations incurred by the Lab will be promptly met. An All States Endorsement shall be required if Lab is not domiciled in the State of Texas. 5.5 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VI I. Lab is required to provide City with renewal Certificates. Master Services Agreement 5.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lab shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 5.7 Lab agrees that with respect to the above required insurance,all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations,completed operation and activities of,or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy and professional liability/Errors & Omissions policy; (b) Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; (c) Workers'compensation and employers'liability policies will provide a waiver of subrogation in favor of the City; and (d) Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10)calendar days advance written notice for nonpayment of premium. 5.8 Within five(5)calendar days of a suspension, cancellation, or non-renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lab's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 5.9 In addition to any other remedies the City may have upon Lab's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. 5.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 5.11 It is agreed that Lab's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 5.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Master Services Agreement ARTICLE 6. CLAIMS 6.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. 6.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. ARTICLE 7. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice, the Project's general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not,therefore,to include any review of, or responsibility for, the adequacy of the Project's general contractor's safety measures in,on or near the Project site. Master Services Agreement EXHIBIT B SAMPLE TASK ORDER This Task Order pertains to a Master Services Agreement for Geotechnical and Construction Materials Testing by and between City of Corpus Christi, Texas (City) and "Company Name" (Lab) dated 12017 (Agreement). Lab shall perform services on the project described below as provided in this Task Order and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NO.: PROJECT NAME: 1. PROJECT DESCRIPTION 2. SCOPE OF SERVICES 3. COMPENSATION This Task Order is approved and Lab may proceed. All other terms and conditions of the Agreement remain in full force and effect. CITY OF CORPUS CHRISTI PROFESSIONAL SERVICE INDUSTRIES, INC. Jeff H. Edmonds, P. E. Date Henry Galindo, P. E. Date Director of Engineering Services Branch Manager 810 South Padre Island Drive Corpus Christi, TX 78416 (361) 854-4801 Office henry.galindo@psiusa.com Master Services Agreement PROPOSAL Master Services Agreement 'T;Build On COMUN"-1 �� ................................_/ November 13, 2017 (Revised November 21, 2017) City of Corpus Christi Engineering Services 1201 Leopard Street Corpus Christi, Texas 78401 Attn: Mr. Cesar Moran Email: CesarM@cctexas.com Phone: (361)826-3724 Re: Proposal for Geotechnical and Construction Materials Testing and Observation Services 2018/2019 City of Corpus Christi Master Service Agreement Corpus Christi, TX Dear Mr. Moran: Professional Service Industries, Inc. (PSI)would like to express our interest in the above referenced Master Service Agreement, and is pleased to submit this unit fee proposal for performing the Geotechnical and Construction Materials Testing and Observation Services under a Master Service Agreement with the City of Corpus Christi for various city projects for the years 2018 &2019. PSI proposes to provide experienced, technical personnel to perform geotechnical services and construction materials and testing services as scheduled by your representative and in general accordance with project specifications. PSI has the technical capabilities, personnel and equipment resources, and local expertise to provide you with geotechnical and materials testing and observation services. PSI has licensed, registered, and certified professionals, and offers the comfort of using one of America's largest and respected engineering companies. PSI proposed to perform the geotechnical and construction materials and testing services based upon the attached schedule of services and fees. PSI's fees will be determined by the actual amount of technical time and materials expended on the proposed various projects and the amount of laboratory testing performed. We understand PSI's total fees for the various city projects for years 2018 and 2019 under the Master Service Agreement are not to exceed $800,000.00. We will commence work upon receipt of a fully executed copy of the Master Service Agreement with the City of Corpus Christi. We look forward to providing our services during construction of the above referenced projects. Please do not hesitate to contact our office with any questions or concerns. Respectfully submitted, Professional Service Industries,Inc. Henr Galindo, P.E. Felix Ovalle Branch Manager Project Manager Construction Services Attachments: Schedule of Services and Fees ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................Pag e 1 of 6 Intertek PSI •810 S. Padre Island Drive•Corpus Christi,TX 78416•Phone(361)854-4801 •Fax(361)854-6049 City of Corpus Christi 2018/2019 MSA, Corpus Christi, TX November 13, 2017 (Revised November 21, 2017) Itifon' tion 11 om � 1 . SCHEDULE OF SER VICES AND FEES FOR CONSTR UCTION MATERIALS TESTING Construction Services—Coous Christi, TX Effective January 9'; 2097 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... SOILS Laboratory testing of soils, delivered to our laboratory, in accordance with ASTM or AASHTO procedures and project specifications. Moisture/Density Relationship of Soil (Proctor Test): a. ASTM D-698 (Standard).............................................................................Each $ 150.00 b. ASTM D-1557 (Modified)............................................................................Each $ 175.00 Atterberg Limits Determination (PI)........................................................................Each $ 65.00 Sieve Analysis including Percent Passing No. 200 Sieve......................................Each $ 50.00 Laboratory Lime Series...........................................................................................Each $ 325.00 Sample Preparation for Laboratory Samples.........................................................Each $ 50.00 CONCRETE and AGGREGATES Laboratory testing of concrete, grout, mortar and aggregates in accordance with ASTM procedures and project specifications. Concrete Cylinders (Cured and/or Tested in Compression, 4x8) .........................Each $ 15.00 Concrete Cylinders (Cured and/or Tested in Compression, 6x12) .......................Each $ 19.00 Concrete Cylinders (Cured and/or Tested in Compression, Client Made)............Each $ 35.00 Concrete Beams (Cured and/or Tested in Flexure)...............................................Each $ 35.00 Concrete Cores (Trim, Cap and Compressive Strength)......................................Each $ 50.00 Laboratory Thickness Determination of Concrete Cores ......................................Each $ 15.00 Sieve Analysis of Coarse Aggregates....................................................................Each $ 85.00 Sieve Analysis of Fine Aggregates.........................................................................Each $ 75.00 ASPHALT Laboratory testing of asphaltic samples delivered to our laboratory, in accordance with ASTM procedures and project specifications Extraction and Gradation .......................................................................................Each $ 180.00 Density and Thickness of Field Cores....................................................................Each $ 75.00 Maximum Theoretical Specific Gravity(Rice Method)...........................................Each $ 90.00 MASONRY Laboratory testing of masonry samples delivered to our laboratory, in accordance with ASTM procedures and project specifications Grout Prisms (Cured and/or Tested in Compression)...........................................Each $ 20.00 Mortar Cubes (Cured and/or Tested in Compression)..........................................Each $ 15.00 sv Page 2 of 6 Page 2 of 6 City of Corpus Christi 2018/2019 MSA, Corpus Christi, TX November 13, 2017 (Revised November 21, 2017) FIELD TESTING AND OBSERVATION SERVICES Engineering Technician (To perform field testing of concrete, slump, air content, temperature, unit weight, cast concrete cylinders, concrete coring, masonry testing)................Per Hour $ 40.00 Senior Level Engineering Technician (To perform field density testing, observation of drilled piers and foundations, post-tension stressing, floor flatness, and proof rolling observation) .....................................................................................................Per Hour $ 46.00 Reinforcing Steel Technician (To perform reinforcing steel observations, pre-pour inspections)...................Per Hour $ 46.00 Structural Steel Technician (To perform visual weld observation, bolting inspection, shear stud verification, NDE of welds, and fabrication shop observation).........................Per Hour $ 80.00 Sample/Cylinder Pickup (Technician, Trip, and Report Review) .............................................................Each $ 150.00 Professional Engineer (Site visits, consultation, special reports)........................................................Per Hour $ 130.00 MANAGEMENT/TECHNICAL SERVICES Management services for contract administration, scheduling/supervision of personnel and report review...................................................................................Per Hour $ 30.00 Final Special Inspections Letter..............................................................................Per Report $ 450.00 Project Setup Fee...................................................................................................Each $ 80.00 EQUIPMENT Nuclear Density Gauge...........................................................................................Per Trip $ 65.00 Daily Equipment Charge.........................................................................................Per Trip $ 65.00 Field gradations ......................................................................................................Each $ 65.00 Floor vapor emission test kits.................................................................................Per Kit $ 40.00 Coring Machine and Generator..............................................................................Per Day $ 250.00 Core hole patching..................................................................................................Per Hole $ 10.00 Floor Flatness.........................................................................................................Lump Sum $ 720.00 Vehicle Charge Minimum...........................................................................................................Per Trip $ 50.00 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ sV Page 3 of 6 Page 3 of 6 City of Corpus Christi 2018/2019 MSA, Corpus Christi, TX November 13, 2017 (Revised November 21, 2017) 2017 STANDARD SCHEDULE OF GEOTECHNICAL FEES Mobilization and Demobilization Truck Rig Mobilization(Corpus Christi Area) ............................................................................ Each $ 350.00 All-Terrain Vehicle(Min. Daily Charge$500.00)........................................................................ Per Mile $ 6.25 One Ton Flatbed w/250 Gallon Water Tank(Min. Daily Charge$110.00)................................. Per Mile $ 3.50 Pickup Truck(Min. Daily Charge$55.00) ................................................................................. Per Mile $ 2.00 Drilling Services Drilling Rig&2-Man Crew ......................................................................................................... Per Hour $ 235.00 Drilling Rig&3-Man Crew ......................................................................................................... Per Hour $ 300.00 Standby Drilling Rig&2-Man Crew ......................................................................................................... Per Hour $ 240.75 Drilling Rig&3-Man Crew.......................................................................................................... Per Hour $ 305.00 Drilling Rig&Crew Minimum Daily Rate,(8 hours)................................................................... Per Day $2,350.00 Truck Rig Drilling&Sampling Footage Rates,0-50 ft.(Intermittent-5'Intervals).................................... Per Foot $ 16.00 Drilling&Sampling Footage Rates,50-100 ft.(Intermittent-5'Intervals)................................ Per Foot $ 19.00 Drilling&Sampling Footage Rates, 100-150 ft.(Intermittent-5'Intervals).............................. Per Foot $ 25.00 Hollow Stem Augers Drilling&Sampling Footage Rates,0-40 ft.............................................. Per Foot $ 16.50 Hollow Stem Augers Drilling&Sampling Footage Rates,40-75ft............................................. Per Foot $ 18.25 Truck Rig Drilling&Sampling Continuous Footage Rates,0-50 ft............................................................. Per Foot $ 17.50 Drilling&Sampling Continuous Footage Rates,50-100 ft......................................................... Per Foot $ 21.00 Drilling&Sampling Continuous Footage Rates, 100-150 ft....................................................... Per Foot $ 27.00 Track ATV Drill Rig Drilling&Sampling Footage Rates,0-40 ft.(Intermittent-5'Intervals).................................... Per Foot $ 17.00 Drilling&Sampling Footage Rates,40-100 ft.(Intermittent-5'Intervals)................................ Per Foot $ 20.00 Track ATV Drill Rig Drilling&Sampling Continuous Footage Rates,0-50 ft............................................................. Per Foot $ 18.50 Drilling&Sampling Continuous Footage Rates,50-100 ft......................................................... Per Foot $ 22.00 Additional Services Hand Auger Drilling and Sampling............................................................................................. Per Hour $ 155.00 Backfilling Boreholes with Bentonite Chips................................................................................ Per Foot $ 5.00 Grouting Boreholes with Cement/Bentonite Grout..................................................................... Per Foot $ 6.00 Compressor for air rotary drilling................................................................................................ Per Day $ 350.00 Open Standpipe Piezometer(Installation and Supplies)........................................................... Per Foot $ 47.00 Vibrating Wire Piezometer(Installation only) ............................................................................ Per Foot $ 31.00 Inclinometer Installation ............................................................................................................ Per Foot $ 58.00 4"Piezometer Protector Post..................................................................................................... Each $ 250.00 6"Piezometer Protector Post. ................................................................................................... Each $ 270.00 SteamCleaner .......................................................................................................................... Day $ 210.00 Drums ....................................................................................................................................... Each $ 60.00 DeconAugers ........................................................................................................................... Day $ 500.00 Supplies to Repair/Install Piezometers...................................................................................... At Cost Plus 20% Piezometer Development(washing&purging).......................................................................... Each $ 250.00 Water Level Indicator ................................................................................................................ Day $ 80.00 xXTO.; V.:.!M.hxY Page 4 of 6 Page 4 of 6 City of Corpus Christi 2018/2019 MSA, Corpus Christi, TX November 13, 2017 (Revised November 21, 2017) 2017 STANDARD SCHEDULE OF GEOTECHNICAL LABORATORY FEES Visual Classification (ASTM D 2487 or D 2488) Each Sample $ 4.00 Hand Penetrometer Per Test $ 5.00 Torvane Per Test $ 5.00 Miniature Vane Shear(ASTM D 4648) Per Test $ 30.00 Moisture Content Test(ASTM D 2216) Per Test $ 6.00 Moisture Content&Classification Each Sample $ 10.50 Density Determination on Shelby Tube samples(ASTM D 7263) Each Sample $ 25.00 Atterberg Limit Determination(ASTM D 4318) Per Test $ 60.00 Percent Passing#200 Sieve(ASTM D 1140) Per Test $ 50.00 Sieve Analysis(ASTM D 422) Per Test $ 78.00 Hydrometer Analysis(ASTM D 422) Per Test $ 195.00 Unconfined Compressive Strength(ASTM D 2166) Per Test $ 48.00 Unconsolidated Undrained Triaxial Compression (ASTM D2850) Per Test $ 80.00 Direct Shear Test(Per Vertical Stress Point)(ASTM D 3080) Per Test $ 185.00 Consolidated Undrained with Pore Pressure Measurements(Includes backpressure saturation) (a) Consolidation and shearing of each sample; (ASTM D 4767), 3 specimens-3 pressures Per Test $ 1,200.00 (b) Consolidation and shearing of each sample; (ASTM D 4767), 1 specimens, 1 pressure Per Test $ 375.00 (c) Three consolidation stages; (non ASTM;standard industry practice) Per Test $ 650.00 One Dimensional Consolidation (ASTM D 2435/D2435M) (a) 8 Loadings&3 unloading increments Per Test $ 475.00 (b) Each additional loading/unloading Per Load $ 50.00 One Dimensional Swell (ASTM D 4546) (a) Method A(wetting after loading tests on multiple specimens) Per Test $ 350.00 (b) Method B(single point wetting after loading test on a single specimen) Per Test $ 175.00 (c)Method C(loading after wetting test) Per Test $ 550.00 Moisture-Density Relationship ASTM D-698 and D-1557, Method B Per Test $ 165.00 ASTM D-698 and D-1557, Method C Per Test $ 180.00 Relative Density Determination Per Test $ 175.00 California Bearing Ratio(ASTM D1883)(Does not include M-D relationship) Per Test $ 250.00 Permeability Testing: Triaxial Cell Method(ASTM D 5084) Per Test $ 400.00 Falling Head Rigid Wall (Consolidometer Technique)(COE 110-2-1906) Per Test $ 170.00 Constant Head for Granular Soils(ASTM D 2434) Per Test $ 200.00 Pinhole Dispersion Hole(ASTM D4647) Per Test $ 225.00 Crumb Test(ASTM D6572) Per Test $ 50.00 Organic Content(ASTM D 2974) Per Test $ 80.00 Specific Gravity(ASTM D 854) Per Test $ 80.00 Degree of Saturation (calculated)(requires spec.gravity) Each Sample $ 10.00 Porosity(calculated)(requires spec.gray.) Each Sample $ 10.00 Laboratory Electrical Resistivity(ASTM G57/Tex 129-E) Per Test $ 150.00 pH (ASTM D4972)(single sample) Per Test $ 45.00 Soluble Chlorides(EPA 300) Per Test $ 95.00 Soluble Sulphates(ASTM C1580/Tex 145-E) Per Test $125.0/95.0 Sample Preparation (Remolded sample-Using Proctor Mold) Each Sample $ 80.00 xXTF.; V.:.!M.hxU Page 5 of 6 Page 5 of 6 City of Corpus Christi 2018/2019 MSA, Corpus Christi, TX November 13, 2017 (Revised November 21, 2017) 2017 STANDARD SCHEDULE OF PROFESSIONAL/TECHNICAL STAFF FEES DESCRIPTION ChiefEngineer ............................................................................................................................Per Hour$185.00 Regional Engineer//Principal Consultant.....................................................................................Per Hour$175.00 Senior Engineer ..........................................................................................................................Per Hour$150.00 Project Engineer .........................................................................................................................Per Hour$125.00 Project Manager..........................................................................................................................Per Hour$100.00 StaffEngineer .............................................................................................................................Per Hour$95.00 Drafting/CAD................................................................................................................................Per Hour$75.00 Geotechnician..............................................................................................................................Per Hour$65.00 Clerical.........................................................................................................................................Per Hour$60.00 Hotel/Per Diem(per person).........................................................................................................Per Night$175.00 xXTO.; V.:.!M.hxY Page 6 of 6 Page 6 of 6 DISCLOSURE OF INTEREST FORM Master Services Agreement SUPPLIER NUMBER �1 TO BE ASSIGNED BY-CITE PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Professional Service Industries P.O.BOX: N/A STREET ADDRESS: 810 S.Padre Island Drive CITY: Corpus Christi ZIP: 78416-2506 FIRM IS: 1. Corporation ® 2. Partnership ❑ 3. Sole Owner E]4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A N/A 2. State the names of each"official"of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A 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: Henry Gali*do( P.E. / Title: Branch Manager (Type or Print) " Signature of Certifying � ��°� �� �" ��"; � �� � Date: 11/15/2017 Person: DEFINITIONS a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture,receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council City Manager Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.,, g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. FORM 1295 CERTIFICATE OF INTERESTED PARTIES Master Services Agreement CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos.1-4 and 6 if there are Eintere�sle:d:parties. OFFICE USE ONLY--7 Complete Nos.1,2,3,5,and 6 if there are no interested parties CERTIFICATION OF FILING parties s 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-284497 Professional Service Industries, Inc. Corpus Christi,TX United States Date Filed 2 Name of governmental entity orstatea ency that Is a party to the contract for which the for Is 11/15/2017 being filed. City of Corpus Christi Date Acknowledged: 3 Provide the Identification number used by the governmental entity or state agency to track oridentify the contract®and provide a description of the services,goods,or other property to be provided under the contract. 17099A Geatechnical Engineering Services and Construction Materials Testing Nature offnterest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling intermediary Campbell,Gavin Arlington Heights, IL United States X Tiemann,Gregg Arlington Heights, IL United States X Dayton,Doug Arlington Heights, IL United States X Andrews,Todd Arlington Heights, IL United States X Gigsby,Michael Houston,TX United States X 5 Check only If there is NO Interested Party. El 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. REYNA RODRIGUEZ Notary ID 0 124230215 My GDittmistrion Expires EJuly 19.201SE /F /Sigti(yolfol'authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said Reetry...... this the day of I !n�, 20_17 to certify which,witness my hand and seat of office. 82 12001F45, Sioature of officer Wninistering oath Printed name of officer adirmistering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 CITY OF CORPUS CHRISTI MASTER SERVICES AGREEMENT GEOTECHNICAL AND CONSTRUCTION MATERIALS TESTING Project No. 17100A This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or designee and Rock Engineering &Testing Laboratory, Inc., a Texas Corporation, 6817 Leopard Street, Corpus Christi, Texas 78409 ("Lab"). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER.....................................................................................2 ARTICLE II COMPENSATION.................................................................................................2 ARTICLE III INSURANCE REQUIREMENTS...........................................................................3 ARTICLE IV INDEMNIFICATION..............................................................................................3 ARTICLE V TERM; RENEWALS; TIMES FOR RENDERING SERVICE.................................3 ARTICLE VI TERMINATION OF AGREEMENT .......................................................................4 ARTICLE VII RIGHT OF REVIEW AND AUDIT.........................................................................4 ARTICLE VIII MISCELLANEOUS PROVISIONS ........................................................................4 EXHIBITS: EXHIBIT "A" TERMS AND CONDITIONS EXHIBIT "B" SAMPLE TASK ORDER Page 1 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\MSAGEOTECHNICAL CONSTRUCTION MATERIALS TESTING\MSA ROCK ENGINEERING\2017-18 MASTER SERVICES AGREEMENT-GEOTECHNICHAL-CONSTRUCTION MATERIALS TESTING ROCK ENGINEERING.DOC ARTICLE I — PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Lab agree will be performed under the terms and conditions of this Agreement. Each task Lab performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Lab. Each properly executed Task Order shall become a separate supplemental agreement to this Agreement. 1.2 The Lab shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for Lab to provide such Services, pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence in accordance with the standard of care defined in Article VIII of this Agreement. 1.3 All services provided by Lab shall be performed in accordance with the Terms and Conditions to this Master Services Agreement attached hereto and incorporated herein as Exhibit A. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 Lab must perform tasks and services and submit deliverables as detailed in each approved Task Order. A sample Task Order Form is attached as Exhibit B. 1.5 Lab must provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Persons retained by Lab to perform work pursuant to this Agreement shall be employees or subcontractors or subconsultants of Lab. Lab must provide Citywith a list of all subcontractors/subconsultants that includes the services performed by the subcontractors/subconsultants and the percentage of work performed by the subcontractor/subconsultant. Changes in Lab's team that provides services under this Agreement must be agreed to by the City in writing. 1.6 Lab must not begin work on any Task Order authorized under this Agreement until notified in writing to proceed by City's Director of Engineering or authorized designee. ARTICLE 11 —COMPENSATION 2.1 The Compensation for all services performed under this Agreement shall not exceed $800,000. 2.2 The Lab's fee for each Task Order will be on a quantity and unit price basis or lump sum basis with a negotiated not-to-exceed amount. The fees will not exceed those set out in the Task Order and will be full and total compensation for all services outlined in each Task Order, and for all expenses incurred in performing these services. City agrees to pay the Lab for services provided in accordance with each Task Order issued by the City and according to the fee schedule and/or amount not to exceed set out in each Task Order. 2.3 All services shall be performed in accordance with the applicable standard of professional care set forth herein and to City's satisfaction,which satisfaction shall be judged by the Director in his/her sole discretion. City shall not be liable for any payment under this Agreement for services which are unsatisfactory and which previously have not been approved by the Director. 2.4 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Lab 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 Lab does not initiate and follow the claims Page 2 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\MSAGEOTECHNICAL CONSTRUCTION MATERIALS TESTING\MSA ROCK ENGINEERING\2017-18 MASTER SERVICES AGREEMENT-GEOTECHNICHAL-CONSTRUCTION MATERIALS TESTING ROCK ENGINEERING.DOC procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.5 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer. 2.6 Request for final compensation by Lab shall constitute a waiver of claims except those previously made in writing and identified by Lab as unsettled at the time of final Payment Request. 2.7 Any fee payable under this Agreement is subject to the availability of funds. The Lab may be directed to suspend work pending receipt and appropriation of funds. ARTICLE III — INSURANCE REQUIREMENTS 3.1 Lab must not commence work under this Agreement until all required insurance has been obtained, and such insurance has been approved by the City. Lab must not allow any subcontractor or sub consultant to commence work under this Agreement until all similar insurance required of any subcontractor or sub consultant has been obtained. 3.2 Insurance Requirements for this Agreement are set out in the Terms and Conditions to this Agreement which is attached hereto and incorporated herein as Exhibit A. ARTICLE IV- INDEMNIFICATION Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or consultant, 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 Lab or its agent, Lab under contract or another entity over which Lab exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Lab shall defend Indemnitee,with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. Page 3 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\MSAGEOTECHNICAL CONSTRUCTION MATERIALS TESTING\MSA ROCK ENGINEERING\2017-18 MASTER SERVICES AGREEMENT-GEOTECHNICHAL-CONSTRUCTION MATERIALS TESTING ROCK ENGINEERING.DOC ARTICLE V—TERM; RENEWALS; TIMES FOR RENDERING SERVICE 5.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 5.2 This Agreement shall be applicable to all Task Orders issued hereunder from the Effective Date of the Agreement until Agreement expires or is terminated earlier by either party. 5.3 The ia4at term of this Agreement shall be two(2)years from the Effective Date. Therea#er,this greemepA the parties to be evidepGed OR WFitiRg PFier to the expiratiGR date of the prier term. ARY R_QAf_Q1.V_;;1r0 Sh-RII h_R_ _at Oho s_mo 4ormc 7r,d GE)RditiGRG plus aR y approved nhaRg m , pl 5.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Lab will perform services and provide deliverables within a reasonable time. ARTICLE VI -TERMINATION OF AGREEMENT 6.1 City may terminate this Agreement or Task Order under this Agreement,with or without cause, upon seven days written notice to Lab at the address of record. 6.2 Lab will be compensated for authorized services completed up to the date of termination. ARTICLE VII — RECORD RETENTION; RIGHT OF REVIEW AND AUDIT 7.1 Lab grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Lab's records relating to the work and/or services provided 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. Lab 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. 7.2 "Lab's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements,sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 7.3 City agrees that it shall exercise the right to audit, examine or inspect Lab's records only during City's regular business hours. Lab agrees to allow City's designee access to all of Lab's records, Lab's facilities and Lab's current or former employees, deemed necessary by City or its designee(s),to perform such audit, inspection or examination. Lab also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 7.4 Lab shall include this audit clause in any subcontractor, supplier or vendor contract. Page 4 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\MSAGEOTECHNICAL CONSTRUCTION MATERIALS TEST ING\MSA ROCK ENG INEERING\2017-18 MASTER SERVICES AGREEMENT-GEOTECHNICHAL-CONSTRUCTION MATERIALS TESTING ROCK ENGINEERING.DOC ARTICLE VIII — MISCELLANEOUS PROVISIONS 8.1 Assignability. The Lab will not assign,transfer or delegate any of its obligations or duties in this Agreement to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the Lab staff. If the Lab is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Lab fee may be assigned in advance of receipt by the Lab without written consent of the City. The City will not pay the fees of experts or technical assistance or other Labs unless such employment, including the rate of compensation, has been approved in writing by the City. 8.2 Ownership of Documents. Lab 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, test results and submittal data. Lab may retain a copy for its files. 8.3 Standard of Care. Services performed by Lab will be conducted in a manner consistent with that level of skill and care ordinarily provided by competent members of the profession practicing under the same or similar circumstances and professional license. 8.4 Licensing. Lab 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. 8.5 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Lab 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 Lab. 8.6 Disclosure of Interest. Lab agrees to complywith City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 8.7 Certificate of Interested Parties. Lab agrees to complywith Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties"with respect to entities that enter contracts with cities that exceed$50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or C. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (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—forml295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.htmI. Page 5 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\MSAGEOTECHNICAL CONSTRUCTION MATERIALS TESTING\MSA ROCK ENGINEERING\2017-18 MASTER SERVICES AGREEMENT-GEOTECHNICHAL-CONSTRUCTION MATERIALS TESTING ROCK ENGINEERING.DOC 8.8 Conflict of Interest. Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://w .cctexas.com/government/city®secretary/conflict-disclosure/index 8.9 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. 8.10 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. 8.11 Conflict Resolution Between Documents. Lab hereby agrees and acknowledges if anything contained in the Lab's Response to the City's Request for Qualifications No. 2017-001, or in any other document prepared by Lab and included herein, is in conflict with the terms of this Agreement, which incorporates Exhibit A, and/or an approved Task Order,this Agreement and/or the Task Order shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI ROCK ENGINEERING &TESTING LABORATORY, INC. -aA 11-28-17 Jeff H. Edmonds, P. E. Date urns ock, Date Director of Engineering Services Chief Operating Officer 6817 Leopard Street Corpus Christi, TX 78409 APPROVED AS TO LEGAL FORM (361) 883-4555 Office curtis@rocktesting.com Assistant City Attorney Date ATTEST Rebecca Huerta, City Secretary Funding info is N/A at this time. Funding info will be provided upon execution of Task Order No. 1. Project Number N/A Accounting Unit N/A Account N/A Activity N/A Account Category N/A Fund Name N/A Page 6 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\MSA GEOTECHNICAL CONSTRUCTION MATERIALS TESTING\MSA ROCK ENGINEERING\2017-18 MASTER SERVICES AGREEMENT-GEOTECHNICHAL-CONSTRUCTION MATERIALS TESTING ROCK ENGINEERING.DOC EXHIBIT A TERMS AND CONDITIONS TO GEOTECHNICAL AND CONSTRUCTION MATERIALS TESTING AGREEMENT ARTICLE 1. SERVICES: Lab will: 1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable and other standards designated in writing by the City Engineer. 1.3 Promptly submit formal reports(printed and electronic copies)of tests, inspections and services performed indicating,where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. 1.5 Secure representative samples of those materials that the City's contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.6 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies specifically designated in writing by the City Engineer. 1.7 Pay salaries,wages, expenses, social security taxes,federal and state unemployment taxes and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will: 2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by Lab. 2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's services to be performed under this Agreement and which must be promptly notified by Lab when it appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority concerning the Project. 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to: Master Services Agreement (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to facilitate the specified inspection and tests; (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that must remain on the Project site prior to, during and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the Project architects, design engineers or any other design agencies or authorities. 3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or other contract documents nor to approve or accept any portion of the work. Lab does not have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate times for Lab to conduct the sampling,testing or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services.The City and Lab also agree that Lab will not assume responsibility for Project contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non-hazardous samples, and return hazardous, acutely toxic or radioactive samples and samples' containers and residues to City. City agrees to accept such samples and samples' containers. ARTICLE 5. INSURANCE REQUIREMENTS 5.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. Master Services Agreement TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by applicable Per occurrence - aggregate policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) $2,000,000 Aggregate (Defense costs must be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000/$500,000/$500,000 5.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 5.4 Applicable for paid employees, Lab must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers'compensation obligations incurred by the Lab will be promptly met. An All States Endorsement shall be required if Lab is not domiciled in the State of Texas. 5.5 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VI I. Lab is required to provide City with renewal Certificates. Master Services Agreement 5.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lab shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 5.7 Lab agrees that with respect to the above required insurance,all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations,completed operation and activities of,or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy and professional liability/Errors & Omissions policy; (b) Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; (c) Workers'compensation and employers'liability policies will provide a waiver of subrogation in favor of the City; and (d) Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10)calendar days advance written notice for nonpayment of premium. 5.8 Within five(5)calendar days of a suspension, cancellation, or non-renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lab's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 5.9 In addition to any other remedies the City may have upon Lab's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. 5.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 5.11 It is agreed that Lab's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 5.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Master Services Agreement ARTICLE 6. CLAIMS 6.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. 6.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. ARTICLE 7. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice, the Project's general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not,therefore,to include any review of, or responsibility for, the adequacy of the Project's general contractor's safety measures in,on or near the Project site. Master Services Agreement EXHIBIT B SAMPLE TASK ORDER This Task Order pertains to a Master Services Agreement for Geotechnical and Construction Materials Testing by and between City of Corpus Christi, Texas (City) and "Company Name" (Lab) dated 12017 (Agreement). Lab shall perform services on the project described below as provided in this Task Order and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NO.: PROJECT NAME: 1. PROJECT DESCRIPTION 2. SCOPE OF SERVICES 3. COMPENSATION This Task Order is approved and Lab may proceed. All other terms and conditions of the Agreement remain in full force and effect. CITY OF CORPUS CHRISTI ROCK ENGINEERING & TESTING LABORATORY, INC. Jeff H. Edmonds, P. E. Date Curtis A. Rock, Date Director of Engineering Services Chief Operating Officer 6817 Leopard Street Corpus Christi, TX 78409 (361) 883-4555 Office curtis@rocktesting.com Master Services Agreement PROPOSAL Master Services Agreement Monday, November 27,2017 City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401 SUBJECT: GEOTECHNICAL AND CONSTRUCTION AND MATERIALS TESTING FOR YEARS 2018 AND 2019 FOR THE CITY OF CORPUS CHRISTI RETL Proposal Number: P111017A Rev 1 Dear Mr. Edmonds, Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm No. 2101) is pleased to provide a Geotechnical and Construction and Materials Testing Proposal for the above referenced project, We understand that we have been chosen to provide these services for this publicly funded project. Therefore, by providing cost information we are not in violation of the Texas Professional Services Procurement Act. The proposed Not To Exceed amount furnished by the City of Corpus Christi for years 2018 and 2019 projects is $800,000.00. Requested services beyond this proposed amount will be billed based on the unit rates contained here-in. Please see attached Annex 1. This proposal does not include project management by Rock Engineering and Testing Laboratory Inc. In order to best respond to the project testing needs and schedules, please schedule testing a minimum of 48 hours in advance in order to defer any potential delays. RETL strives to accommodate all testing requests as they are received and can make accommodations with advanced notice to schedules. RETL appreciates your consideration of our firm to assist you during the geotechnical and construction phases of your project. If you agree with this proposal, please sign the attached Laboratory Testing Services Agreement. Please do not hesitate to contact me at (361) 883-4555 extension 415 if you have any questions regarding the proposal or would like to discuss further. Sincerely, Pablo Schmitt Project Estimator Page 1 of 2 ANNEX 1 CMT UNIT RATES P 111017A CITY OF CORPUS CHRISTI - CMT UNIT RATES 2018-2019 P111017A CITY OF CORPUS CHRISTI CORPUS CHRISI, TX JEFFREY EDMONDS, P.E. UNIT RATE ASPHALT A105 ASPHALT FULLS ERIES(ASTM Cl 17,C136,D2041,D6307) EA $687.00 A202 ASPHALT CORED IN PLACE DENSITY EA $107.00 5191 SAMPLE PREPARATION CHARGE EA $74.00 5200 ROLLING PATTERN HR $76.00 CONCRETE C301-1 CONCRETE CYLINDERS(Min 4) EA $49.00 C302-1 BEAM FLEXURAL TEST ASTM C293(each) EA $63.00 C404 AIR CONTENT OF FRESHLY MIXED CONCRETE EA $17.00 5399 CUBES/CYLINDERS PICK UP FEE POUR $48.00 GROUT&MORTAR M402 MORTAR CUBES(Min 3 per set) EA $49.00 M403 GROUT PRISMS (Min 4 per set) EA $49.00 OBSERVATIONS 0501 OBSERVATIONS(Pier,Rebar,etc.Min 1 hour) HR $94.00 PERSONNEL P119 ADMINISTRATION FEE LS $81.00 P596A WORK PERFORMED OUTSIDE NORMAL HOURS HR $34.00 5395 TECH SHOW UP/CANCELLATION TIME(Min 1 hour) HR $68.00 5903 TECHNICIAN STAND BY HR $68.00 SOILS S190 MATERIALS SAMPLING CHARGE EA $62.00 5310 ATTERBERG LIMITS/PLASTICITY INDEX ASTM D4318 EA $65.00 5502 ATTERBERG LIMITS/PLASTICITY INDEX(with Aggregate)ASTM D4318 EA $102.00 5504 GRADATION(Sieve Analysis)ASTM C136 EA $102.00 5505 EADES&GRIM pH TEST(ASTM D 6276) EA $244.00 5507 ORGANIC IMPURITIES ASTM C40 EA $44.00 5510 PROCTOR-STANDARD ASTM D698 EA $233.00 5522 PROCTOR-MODIFIED ASTM D1557 EA $274.00 5535 CLAY LUMPS&FRIABLE PARTICLES IN AGGREGATES ASTM C142 EA $70.00 5541 MOISTURE,ASH&ORGANIC MATTER CONTENT ASTM D2974 EA $55.00 5546 WET BALL MILL EA $348.00 5548 LA ABRASION(ASTM C131) EA $348.00 5552 FIELD GRADATION EA $84.00 5599 FINER THAN#200 MESH(Decantation)ASTM C1 17 EA $70.00 5600-1 NUCLEAR FIELD DENSITY Min 3(ASTM D6938) EA $49.00 5606 TRIAXIAL EA $804.00 5610 CALIFORNIA BEARING RATIO(ASTM D1883) EA $530.00 S611 FLAT/ELONGATED PARTICLES (ASTM D4791) EA $237.00 SPECIAL INSPECTIONS 0116 CERTIFIED WELDING INSPECTION(Min 4 hours) HR $173.00 VEHICLE V486 VEHICLE TR $49.00 Friday,November 10,2017 Page 1 of 1 Page 2 of 2 DISCLOSURE OF INTEREST FORM Master Services Agreement SUPPLIER NUMBER �1 TO BE ASSIGNED BY-CITE PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Col-PLI:S DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Rock Engineering and Testing Laboratory, Inc. P.O.BOX: STREET ADDRESS: 6817 Leopard St. CITY: Corpus Christi ZIP: 78409 - FIRM IS: 1. Corporation ® 2. Partnership ❑ 3. Sole Owner E]4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name n/a Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Title n/a 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or Committee n/a 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest"constituting 3%or more of the ownership in 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: Cuai s A Rock Title: Chief Administrative Officer (Type or Print) Signature of Certifying /_? .-. Date: 10-13-17 Person: i« i DEFINITIONS a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person,partnership, corporation,joint stock company,joint venture,receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council City Manager Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.,, g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. FORM 1295 CERTIFICATE OF INTERESTED PARTIES Master Services Agreement ............ CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 7-7 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos,,1,2,3,5,and 6 it there are no interested parties. CERTIFICATION OF FILING I Name of business entity filing form,ands the city,state and country of:the business entity's place Certificate Number: of business. 2017-284654 Rock Engineering and Testing!Laboratory, Inc. Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 11/1512017 being filed. City of Corpus Christi Date Acknowledged: 3 Provide the identification,number used by the governmental entity or state agency to track or identity the contract,and provide a description of the services,goods,or other property to be provided under the contract. 17100A Geotechnical Engineering ands Construction Materials Engineering and Testing Services Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling linter;;—ediary 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. 0y oAy P(4k WREN LPL, N1 8CK S-Notary,Pubiic, State of Texas A. C E Ornrn, x;)mr 5 63. 6.2021 N�, '410n%W Notery ID 1- 4, 32 —re of au4ioriNd agent 61T*,contracting business entity AFFIX NOTARY STAMP I SEAL ABOVE Sworn to and subscribed before ire,by the said s this the 11,5* day of 20L-J_,to certify which,witness my,timid and seal of:office. Signature of officer administering oath printed name of officer administering oath Title of officeradministering oath Forms provided,by Texas Ethics Commission wwmethics.state,tx,us Version V1.0.3337 CITY OF CORPUS CHRISTI MASTER SERVICES AGREEMENT GEOTECHNICAL AND CONSTRUCTION MATERIALS TESTING Project No. 17101A This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or designee and Tolunay-Wong Engineers, Inc., a Texas Corporation, 826 South Padre Island Drive, Corpus Christi, Texas 78416 ("Lab"). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER.....................................................................................2 ARTICLE II COMPENSATION.................................................................................................2 ARTICLE III INSURANCE REQUIREMENTS...........................................................................3 ARTICLE IV INDEMNIFICATION..............................................................................................3 ARTICLE V TERM; RENEWALS; TIMES FOR RENDERING SERVICE.................................3 ARTICLE VI TERMINATION OF AGREEMENT .......................................................................4 ARTICLE VII RIGHT OF REVIEW AND AUDIT.........................................................................4 ARTICLE VIII MISCELLANEOUS PROVISIONS........................................................................4 EXHIBITS: EXHIBIT "A" TERMS AND CONDITIONS EXHIBIT "B" SAMPLE TASK ORDER Page 1 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\MSAGEOTECHNICAL CONSTRUCTION MATERIALS TESTING\MSATOLUNAY WONG\2017-18 MASTER SERVICES AGREEMENT-GEOTECHNICHAL-CONSTRUCTION MATERIALS TESTING TOLUNAY WONG.DOC ARTICLE I — PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Lab agree will be performed under the terms and conditions of this Agreement. Each task Lab performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Lab. Each properly executed Task Order shall become a separate supplemental agreement to this Agreement. 1.2 The Lab shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for Lab to provide such Services, pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence in accordance with the standard of care defined in Article VIII of this Agreement. 1.3 All services provided by Lab shall be performed in accordance with the Terms and Conditions to this Master Services Agreement attached hereto and incorporated herein as Exhibit A. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 Lab must perform tasks and services and submit deliverables as detailed in each approved Task Order. A sample Task Order Form is attached as Exhibit B. 1.5 Lab must provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Persons retained by Lab to perform work pursuant to this Agreement shall be employees or subcontractors or subconsultants of Lab. Lab must provide City with a list of all subcontractors/subconsultants that includes the services performed by the subcontractors/subconsultants and the percentage of work performed by the subcontractor/subconsultant. Changes in Lab's team that provides services under this Agreement must be agreed to by the City in writing. 1.6 Lab must not begin work on any Task Order authorized under this Agreement until notified in writing to proceed by City's Director of Engineering or authorized designee. ARTICLE 11 —COMPENSATION 2.1 The Compensation for all services performed under this Agreement shall not exceed $800,000. 2.2 The Lab's fee for each Task Order will be on a quantity and unit price basis or lump sum basis with a negotiated not-to-exceed amount. The fees will not exceed those set out in the Task Order and will be full and total compensation for all services outlined in each Task Order, and for all expenses incurred in performing these services. City agrees to pay the Lab for services provided in accordance with each Task Order issued by the City and according to the fee schedule and/or amount not to exceed set out in each Task Order. 2.3 All services shall be performed in accordance with the applicable standard of professional care set forth herein and to City's satisfaction,which satisfaction shall be judged by the Director in his/her sole discretion. City shall not be liable for any payment under this Agreement for services which are unsatisfactory and which previously have not been approved by the Director. 2.4 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Lab 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 Lab does not initiate and follow the claims Page 2 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENTWSAGEOTECHNICAL CONSTRUCTION MATERIALS TESTING\MSATOLUNAY WONG\2017-18 MASTER SERVICES AGREEMENT-GEOTECHNICHAL-CONSTRUCTION MATERIALS TESTING TOLUNAY WONG.DOC procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.5 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer. 2.6 Request for final compensation by Lab shall constitute a waiver of claims except those previously made in writing and identified by Lab as unsettled at the time of final Payment Request. 2.7 Any fee payable under this Agreement is subject to the availability of funds. The Lab may be directed to suspend work pending receipt and appropriation of funds. ARTICLE III — INSURANCE REQUIREMENTS 3.1 Lab must not commence work under this Agreement until all required insurance has been obtained, and such insurance has been approved by the City. Lab must not allow any subcontractor or sub consultant to commence work under this Agreement until all similar insurance required of any subcontractor or sub consultant has been obtained. 3.2 Insurance Requirements for this Agreement are set out in the Terms and Conditions to this Agreement which is attached hereto and incorporated herein as Exhibit A. ARTICLE IV- INDEMNIFICATION Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or consultant, 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 Lab or its agent, Lab under contract or another entity over which Lab exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Lab shall defend Indemnitee,with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. Page 3 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENTWSAGEOTECHNICAL CONSTRUCTION MATERIALS TESTING\MSATOLUNAY WONG\2017-18 MASTER SERVICES AGREEMENT-GEOTECHNICHAL-CONSTRUCTION MATERIALS TESTING TOLUNAY WONG.DOC ARTICLE V—TERM; RENEWALS; TIMES FOR RENDERING SERVICE 5.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 5.2 This Agreement shall be applicable to all Task Orders issued hereunder from the Effective Date of the Agreement until Agreement expires or is terminated earlier by either party. 5.3 The 0P0t+a1 term of this Agreement shall be two(2)years from the Effective Date. Therea#er,this greemepA the parties to be evidepGed OR WFitiRg PFier to the expiratiGR date of the prier term. ARY R_QAf_Q1.V_;31r0 Sh-RII h_R_ _at Oho s_mo 4ormc 7r,d GE)RditiGRG plus aR y approved nhaRg m , pl 5.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Lab will perform services and provide deliverables within a reasonable time. ARTICLE VI -TERMINATION OF AGREEMENT 6.1 City may terminate this Agreement or Task Order under this Agreement,with or without cause, upon seven days written notice to Lab at the address of record. 6.2 Lab will be compensated for authorized services completed up to the date of termination. ARTICLE VII — RECORD RETENTION; RIGHT OF REVIEW AND AUDIT 7.1 Lab grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Lab's records relating to the work and/or services provided 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. Lab 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. 7.2 "Lab's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements,sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 7.3 City agrees that it shall exercise the right to audit, examine or inspect Lab's records only during City's regular business hours. Lab agrees to allow City's designee access to all of Lab's records, Lab's facilities and Lab's current or former employees, deemed necessary by City or its designee(s),to perform such audit, inspection or examination. Lab also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 7.4 Lab shall include this audit clause in any subcontractor, supplier or vendor contract. Page 4 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\MSAGEOTECHNICAL CONSTRUCTION MATERIALS TEST I NG\MSA TOLU NAY WONG\2017-18 MASTER SERVICES AGREEMENT-GEOTECHNICHAL-CONSTRUCTION MATERIALS TESTING TOLUNAY WONG.DOC ARTICLE VIII — MISCELLANEOUS PROVISIONS 8.1 Assignability. The Lab will not assign,transfer or delegate any of its obligations or duties in this Agreement to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the Lab staff. If the Lab is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Lab fee may be assigned in advance of receipt by the Lab without written consent of the City. The City will not pay the fees of experts or technical assistance or other Labs unless such employment, including the rate of compensation, has been approved in writing by the City. 8.2 Ownership of Documents. Lab 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, test results and submittal data. Lab may retain a copy for its files. 8.3 Standard of Care. Services performed by Lab will be conducted in a manner consistent with that level of skill and care ordinarily provided by competent members of the profession practicing under the same or similar circumstances and professional license. 8.4 Licensing. Lab 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. 8.5 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Lab 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 Lab. 8.6 Disclosure of Interest. Lab agrees to complywith City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 8.7 Certificate of Interested Parties. Lab agrees to complywith Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties"with respect to entities that enter contracts with cities that exceed$50,000. These interested parties include: (1) persons with a "controlling interest' in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or C. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (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—forml295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.htmI. Page 5 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENTWSAGEOTECHNICAL CONSTRUCTION MATERIALS TESTING\MSATOLUNAY WONG\2017-18 MASTER SERVICES AGREEMENT-GEOTECHNICHAL-CONSTRUCTION MATERIALS TESTING TOLUNAY WONG.DOC 8.8 Conflict of Interest. Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form QQwith the City Secretary's Office, ifrequired. For more information and b)determine ifyou need to file a FVnn C|Q' please review the information On the City Secretary's website at 8.9 Controlling Law. This Agreement is governed by the |emm of the State of Texas without regard to its conflicts nflaws. Venue for legal proceedings lies exclusively inNuacesCounty, Texas. 8A0 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 notaffect,impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, enntences, o|@uaee 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 nrprejudice inenyvvayiheva|idityofthigAorenrnentinanyotherinetance. 8.11 Conflict Resolution Between Documents. Lab hereby agrees and acknowledges ifanything contained inthe Lab's Response to the City's Request for Qualifications No. 2017-001, or in any other document prepared by Lab and included herein, is in conflict with the terms of this Agreement, which incorporates Exhibit A, and/or an approved Task Order,this Agreement and/orthe Task Order shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI TOLUNAY-WONG ENGINEERS, INC. 12, Jeff H. Edmonds, P. E. Date Don R. Rokoh|' P. E. - [}e1m Director nfEngineering Services Branch Manager 82OSouth Padre Island Drive Corpus Christi, T){7841O APPROVED AS TO LEGAL FCJRA0 (361) 884-5050 Office drokoh|@hweino.00nn Assistant City Attorney Dote ATTEST Rebecca Huerto. City Secretary Funding info is N/A otthis time. Funding info will beprovided upon execution ofTask Order No. 1. Project Number N/A Accounting Unit N/A Account N/A Activity N/A Account Category N/A Fund Name N/A Page x.\swo/wesmweo^TAEXrmwsswsLw^nswG/mssmwnSERVICES ospAmwswnwo^GEOTECHNICAL CONSTRUCTION MATERIALS rsonws\Mo^romNAxwow000,r'/oMASTER SERVICES AGREEMENT osoreo*w/cHAL-CONSTRUCT ION MATERIALS rsnr/woromNAxWowaDoc EXHIBIT A TERMS AND CONDITIONS TO GEOTECHNICAL AND CONSTRUCTION MATERIALS TESTING AGREEMENT ARTICLE 1. SERVICES: Lab will: 1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable and other standards designated in writing by the City Engineer. 1.3 Promptly submit formal reports(printed and electronic copies)of tests, inspections and services performed indicating,where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. 1.5 Secure representative samples of those materials that the City's contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.6 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies specifically designated in writing by the City Engineer. 1.7 Pay salaries,wages, expenses, social security taxes,federal and state unemployment taxes and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will: 2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by Lab. 2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's services to be performed under this Agreement and which must be promptly notified by Lab when it appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority concerning the Project. 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to: Master Services Agreement (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to facilitate the specified inspection and tests; (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that must remain on the Project site prior to, during and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the Project architects, design engineers or any other design agencies or authorities. 3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or other contract documents nor to approve or accept any portion of the work. Lab does not have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate times for Lab to conduct the sampling,testing or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services.The City and Lab also agree that Lab will not assume responsibility for Project contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non-hazardous samples, and return hazardous, acutely toxic or radioactive samples and samples' containers and residues to City. City agrees to accept such samples and samples' containers. ARTICLE 5. INSURANCE REQUIREMENTS 5.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s)acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. Master Services Agreement TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by applicable Per occurrence - aggregate policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) $2,000,000 Aggregate (Defense costs must be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000/$500,000/$500,000 5.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 5.4 Applicable for paid employees, Lab must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers'compensation obligations incurred by the Lab will be promptly met. An All States Endorsement shall be required if Lab is not domiciled in the State of Texas. 5.5 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VI I. Lab is required to provide City with renewal Certificates. Master Services Agreement 5.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lab shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 5.7 Lab agrees that with respect to the above required insurance,all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations,completed operation and activities of,or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy and professional liability/Errors & Omissions policy; (b) Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; (c) Workers'compensation and employers'liability policies will provide a waiver of subrogation in favor of the City; and (d) Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten(10)calendar days advance written notice for nonpayment of premium. 5.8 Within five(5)calendar days of a suspension, cancellation, or non-renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lab's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 5.9 In addition to any other remedies the City may have upon Lab's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. 5.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 5.11 It is agreed that Lab's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 5.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Master Services Agreement ARTICLE 6. CLAIMS 6.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. 6.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. ARTICLE 7. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice, the Project's general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not,therefore,to include any review of, or responsibility for, the adequacy of the Project's general contractor's safety measures in, on or near the Project site. Master Services Agreement EXHIBIT B SAMPLE TASK ORDER This Task Order pertains to a Master Services Agreement for Geotechnical and Construction Materials Testing by and between City of Corpus Christi, Texas (City) and "Company Name" (Lab) dated 12017 (Agreement). Lab shall perform services on the project described below as provided in this Task Order and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NO.: PROJECT NAME: 1. PROJECT DESCRIPTION 2. SCOPE OF SERVICES 3. COMPENSATION This Task Order is approved and Lab may proceed. All other terms and conditions of the Agreement remain in full force and effect. CITY OF CORPUS CHRISTI TOLUNAY-WONG ENGINEERS, INC. Jeff H. Edmonds, P. E. Date Don R. Rokohl, P. E. Date Director of Engineering Services Branch Manager 826 South Padre Island Drive Corpus Christi, TX 78416 (361) 884-5050 Office drokohl@tweinc.com Master Services Agreement PROPOSAL Master Services Agreement Tolunay-WongvEnglineers, Inc. 526 South Padre Island Drive • Cot us Christi,'texas 75416 s Phone (361)604®5050 November 21, 2017 Mr. Jeffrey Edmonds, . Director of EngineeringServices City r s Christi 1201 Leopard teet Corpus Christi, Texas 7 401 Ref- ro os l for Geotechnical Engineering and Construction Materials Testing Services Various City of Corpus Christi Projects Corpus Christi,Texas TVirE Proposal o.: 1 -C 14 7 Dear Mr. Edmonds, Tolunay-Wong Engineers, Ince (TWE) is pleased to submit this proposal to provide geotechnical engineering and construction materials testing services for various City of Corpus Christi (City) rojecs, We understand that TWE will enter into a 2-year Master Services Agreement with e City or a not-to-exceed amount of $800,000. Further, we understand that the services desire could include those presented on the attached the le of Fees. Any other services not presented on the Schedule of Fees but desired by the City would e performed by third arty laboratory an charged at cost plus 15%. If you have any questions regarding is proposal, please contact us at 1) • We appreciate your consideration for this proposal and we look forward to working with the City on existing and future projects. Sincerely, TOLUNAY-WONG ENGINEERS, INC. Tares Board of Professional Engineers ficin Registration Number F=000124 Don R. Rokohl, Branch an e DRWdrr Attachment: 1) City of Corpus Christi Schedule of Fees Houston all • Corpus Christi Beaumont Charles Baton Rouge • Now Orleans Page 1 of 1 Page 1 of 6 Tolunay-Wolig City of Corpus Christ[ dngipiee rs, Ine. Schedule of Fees Staff larinc,rpai ................. ........................ Seina"xrctrrn uftarit..9,... .m ���, 2151hr Consurltant.., ......w. ... ,t 5,/h'ar� Se:nfWr Pa rt t m er , .,.... ,,, ,,. ......,....,,..n „ 3701br to p nn�uarr r�ala� 4IMarnmtger RpAd,Seivhca'f Nlar(taipr.... Reed'Se micas Sopervi$,or.... ......... ...., 5emor Profej!ri,,ornatw.. .......,.,..... ............................... . Jo k1r Parol rt P'rafma8tunal .,. m ww.. ...„. .......... .. Staff PrrrlVSSJOIftA . . ..-..... ..w.............,,, o , Safety f anap ....... . ....... . .w.,.,,,.,,, Safety Profisslo nal , .., .„., „ ...... 75-/ha SeniwTechnician....... ........ ............... ... .. ............., ......, , , 7'0/hF 114of Cornsituctoorn a�eti la f hm� l , . ......... ciomtlru,�Oon moterli'a114Tocfmir;iaaY E arunp k �r•, @rJaad r ttrnta�o ...� ..... ......755th 50 hr Projekt Setup arii'd COOfolkwvom Vndon atrial/Petf c'hurtTral mt) tnlVrCr t4 t�am 12 rrarlr trwya . � �. ..... ..,,, �,.. �.. .... . . ........ S75/trip Mileage(ower 120 moltrio l,.�.. ������� . .. . ....... .. .... 0,75/ imi Nlatesi@l Sample Pickup fWil fiiin,U)rn-4f rl wren.,... ....... , ..... „ . ,, .. 175/t�6p, Geinerartor/Air(orron re,wr aarfaar� etiihty drat „ ��� 50/day HwIdbeld”,r�PS RoceisOr. . Concrete PulseWoat-y Equipmeat- ..... .. . .... ........_ , .....,,. ,.,.. � � 175/d'ay, Concrete'RelboaAtdRa�rnm-rr.,,, ... � .„ .�..�,� . . ..,.,,. ... . ......... � 751d Ry PM"`w lriteg tt' Testod' ..... ... .. . 5aaIllc togg�figrgWprrn rat KHAN01,........ DY111a 1r con,e penut:J'O ete't.m................................ �w m. „_........,,, 1151day Relld Vane Sh ar(harnd held) Vora na Wle Data Retorde aster Levefl,nMca t Dr.. .. .301da5r sumeyWww - .. �„ , �._. . . �..,,,.. .. w.,. ....,.w .�..,, ,„ Downholie Vane"-x"h of Dewire._. .... ....... .. _4100/day Electrical Rul5tirity Fiquipwm rt., 550/day -round Penetrating ftad;aj�GPR , w...,...,.., � � , .. . .,.., .... 80 day , ..,,......... , , 40D/day Reid CSR rgwiprrrn rat._ ......... .......... . , �..... M/day Flow Rata^urrt if +wo'iniess,E h4ri r P,,nt..... ,,,,11.1 .. ..m.... � ........... . „ 300/day, Geatechaareasl Engineering-Environmental Services-Construction Materials Testing-DLLp FaazraadaVons Testing Page I of Page 2 of 6 TWE LO�e����9�c�1 !rang„s'Tests: atrnr crantont a pmxlN(11srAicaahmn CASTM,D 22,36/24M., ........ ..� KastI,and lrtltai 1,Polnt Method'B,[ .STI 431Sp.... ........... ,.,... . .... Phast�c and ethod A(AST t5 4 '13�........w. w..ww...,..� ������� �, ... .. .,.„.,. . 5/ga 'Er4,nsity(ASIM 0 . ,........ . ... .......... ............201cas sjpi4f,)Ific 00 r' do,Si e reAls Sivve naiyOs, through No. 200 5ielve(A$TKA 0 422,(._w. . w.............. . ................... $60/ea Addm,wai SiiPwvs A finer than eta 200.... .. .. . ... . ......... llov a Percent,koexthoniKo,20O Si avra(ASTM D 114 ).. , 50/ea CcrrrappWte Grmn.5im,Anaiysispfnjd adh Wltrdr arnartsa(ASTM 0, ...... .... . .. ... . ... ... ....... 11 b aabk Ry ometeffA Tmi D 42:21) . .......mww ....... ..... ..,,,.,�..�� 2d7ft PInhtaale D'lsp er iimm ,MTM 0,4647(..... .... .. .. .,.�m,,, „ ,.,, ... .... ,... ... ... .... .1T5/ a Stake Test YIex•1020ro1 ........w..,. .. ������ �,�„ �,,,.. . ....m.... � 25/ca, t,.iruttilb Test ifto1 1o1:1tt•2r1 '� J �m �...�.. 251ea Constant Head FermeabjlltY lgra nuilaar SOO(AST 0 ............. ...... � ydraul'ic Coridu p (c'ohenv4 sells,((AS TIM 5084k.,.., torr -Torm Fermfeabiljij�e Te,5fing(Sfeat t than 7 days).... ... . ...... .............. .. 301d ay S,hr;nkoge Tests,, I,Jne4r(Bar)Shfinkage�T4 ��141 tk N „� �..� ���� �.,.. , ._ ............ ^0106 "2 urn,rtric Shrinkage(As,,w D4g43,.,., ........w., �� �...�, .....,. .. .. D a (Xher Test's:' Ds15ar k,Cantcnt l rritjN*n Quem MlPthe d(ASTM D 551�� CakWrn Carbonate(ASTtyl D�43731...... .. ... .... ....... EW,LtrkapRensisfivftyJATNI G$7 jGJ 7(..... .......... . ... ............. .,.,......,.,,�. .........w.. .55/ a1 the,r aul Co,,ndrji,°,t➢ t"y i 1° D 53, 4) ..... . .......................... -4001 ,a, p,H(Sai9l or' ater)AUMG~1104972,/EP .... ..,...,...,.. � .. 5010,2 time Series(OtmOrnu4'a Ufne: ontenti-.,Nastutrty 9index Method fA$TM 014318)....,,. .. Unie Ser s(Qpflmijrn Lh oe Cooteritj m pH ethaad' ASTM D 2'76/iC 77) r"Ct E Soil Suctn ............... 25/ea atren rh Tests: FlaandP n4trsrrttte�,.et ..w..... ........ . ... .......... ., ......., TiOrvane—, Walla Unconfined o,,tmprPs:non mi(ASTM D 216 )„ glurcra�n n d cuara r'4ssl ar m.S't4 llat t .Stw s� taST 1. 23 ...,.., 45/ea, nca,aataned Ctam prtts'saon A101a(ASTWD 7012)(rnclaades Isepaf,,00,0 ...,..... .,........... ........_ 2i0/rfia ncaaas ted t4C7 radr4Nta d°ti�aG it Y`om'rpressian( TMI 2850).",”" ........... .. . ,,„,„,,, .,...............60�/va ansapld!,Mtedd lUn,d1"aaried Triaxial Comp,Tessian with Pare Waa r„r Prowifte(ASTM 0 4767)_........ .... .. 4001,2^,01, C'Dr,s dated t)rnrirairned TrI KNai Compression-Muffi,$,taged(Oit,errg spec4rn4rrs)4;4+,STM 0 4767 ._... . ....., .1,200/ea d2'ons,olli lasted0ratined Triax4l 1110-2,19061.... .... . .. . .....400/ea 'a rus Nt est dMC ��N�n d Trl� ata Y ttl rss�h ��t sC samis C IMs6 4111 x2 1. f1 � ��, ... .........'750/,,ea C'on ilidaatisd.lDrai aed Dir ett'31be4r WT #D 3080) „���.,. ���� �, ,� �., .. .�.w...��� 4�C3(t'tt C!Dni,cifida ted.Drailn4d OrettShear- Malty-Spedmen(threv s e irrens�)(ASTM .......... ..... w.--.1200/el MrMatura'Van $hair(ASTM 4,6;3,(,.., ...., . _........................... . .a,a... ........ . 35/ea Geotechnical Engineering-Environmental Field and Consulting Services-Construction Materials Testing-Deep Foundations Testing Page 2 of 5 Page 3 of 6 TWE Volume chorr e pcaip's OnMtnensio aar,icremferb0,W W04 ng Con wlidatmr n(ASTM D 243is _... .... .... .. ... ... $400/iima with int rm,L1,d ate rptac+�urad and reload. . . .. w . ......... ...,........5,0 Para addimnmr bad taaca cvmur'rts grurrt>cwr thick 3Z k5f .,.... ..... ... ., . ...... �arrr Clonstant Rater of Straiaw r '. blYdati9in( TfA DI1,$6).._,, ... (wof)i/ear Trap.SweM JAFSiTM D 4546p .....,,. 540lea :percent Swall(ASTM D4546) ....... .. .. ..... ... ., 1:00/0 Percent S a#and SwcPl F're5swe 4 6) .. ...... ......... m ...,.. . ....... . 20D/e 'onolapuara Potaaati,ar JASTIM 053335, .,.,.,. ..,.e,,, ..........,. ...,..,,.....,..���,�.� ,,,,. ...,_ ..e...,., ....,... Tipst Vniviations Saar pte Prepawratlorw Ardmpra° mos....... . . ................ ...... .,..... ...... . Hand Trh'narwrngSamfes..... ....... .. ., .. /g�a Corrosive im Rewtive Test F[Wds Gadd ...... .,..,.� wt'xurude Talk Samplem and V[soali Classlruration WST i . . ............ 30je,a Sample.Tube Chrtdn .... ......,.............. . . .... ......... .. ... 20/cut: Mohr"sDiagram,fli...... ..... �. . ......w... . ... .......w.-w Stress,'Stuarain Plot ....... ...... ...... inirrg,Pru�wjrr-G r eatu+r Than 110 pis. . ...... w ...............„............ Sample Co aactLoarmfllr,) olldo"u9 ..... .. ... ...., .. ....... 50/ea Earthwork frosts Stad'ardcuupactiluw�,Prctarb prtST � Zara Mcadlpi,r Compaction i tiff rt(AST PO 1S57 .......... ... .... ............... .......18C/li ula dvi i(A$TM D4253JASTM04 54).. . .. .... .... 3 /eai TKOOT Basim Compiactior Test(Tem 31.3c) 1 0/ea, Sn11 Tfeambihty Rudy Based on Strprkotitu ..... .. 1350/ea S H Tr eatabilAy Study Basvd ion$trengtfii ormd Suuffatr°/C'hlorildp C"ii , ...... „:,.,, Seam, e,Preparation Pay'part'icla .. 111 ..... S,a , le Prarpa-,rartiNora--;SoiAl Attriwaxtwf,e.. "... ........... . . , ,......,50/61 Samplmn Preparation- Large Mold(6 NrlitPw)- —............ A7pa,a aliforirMaaam Bearara Ratio.,SYmngte P arrot�Ak„s r 1.8831.o,., . ..... ... ........ . . ... 150,gra C;allifornpa"Elearft flafio Three,P Nrots[A,S'I C 18,83) ... ... _...,.... ...... 350auaa TxD T Triaxial Serious ipet sjpecimen(tvx aa7E) Conictiate,Aggregate.and, omm .s Concrete rests A:avl'c, w of Coinr,rate r^wAlxtjare j CU t3tiSti 6 aruamlri..,,. . .. ...... .. ....,�. .. ... LTSis Cliive 5frengithrafC nila:r eCylindera- iudaxrureser'wes' ' lested TM C391, Zwe C,orrupriessIvQ suenpth OLCarovete(.VVfi dors Cast by Dowers(ria4ilalu sof 4) .... . ...... 3, 1" 0,zsrri prrM'sswr 5trr rush rF r rrclmattstu; aas�rwd ialp�arur r purvcwrrpieardur+ r im�ah � STt�i lead,C'SFJ 20/raa, CPrrepr ssilve Slr ra 'th iof Grout Prism(ASTM i ................. 3�0/ea� Com pressilivuS'1;a ngOtutLightweight Cankaai:e(,ASTM, C,g9'5) .,..... Woo rT9 �¢u��r l 5tr rs 't rs Concrete 45yea, 'ompf ess,lva rravifa ofcomereteCores I,ASTM C4 2y, ............. .. ............ ............. 5,0/�q aaucrr to C'xurimr S ru6caa ._... ................................... .,........ qurated uporpr qot..,sjt p"est fut Weedingof Copere;te MrIxta,ure ,AST U31) ... ... .... ...... .......... d5 ' Time of faith.%of Cancrvte Mixture by Penut^ratwvu,(A5TM 040,3[...... ..,.... 'aN14raproo of Rigbound Hammef wiintp Co+a'upressNi°a;r Ri Samples ....... . .—................ 1 /e �cru�-�tidir��C+af A"r��araa�rJ�������'�wr��r'�a sap p arr'�rtrsrrdt'arnara�iuwdr�rt�����rio9�,�w�t:wron� rurrbam��rar�a$�r5�'��rmre �k, �m7 9`mastaatorrrraro;a Taatd�'A Page 3aar5 Page 4 of 6 i A.gg'reygrrate Tests 5rewe Ana N,sis irf Aggregate(ASTM C 136N .... .. . . ... ....... ..... ...... ..... ..... . .. 7010-a Unit eq.ght of Aggr r,!,gata(ASTM C29) .. ........ ..... 35/ea otei4l rn Afggr@,g tar Fines Vun No,,100 Sieve(ASTM X 117).....,.. ... .............. ...... ..,. . 55/04 5 pe,rnPwrG rruxrrity 9,Absorphan of Agg ragwm JAST M C 127 5 n d C 12 8 j.w.. ...... �� � 100/ea p g ��,,� uuruw�l�Impurities FI�IR�A rrz aRr,> (ASTtAP,d ......w.w.... .. ...... ...F..... ... ,.,..... �.. ,.. ���� ����,o���� .,. 55/ea Clay Uxu,,p5 Itrda'b[eParticlew.inAg r g,ata(ASTM(`1Q,..) 55/co f.fghtwe g t Pr@.,cas�i Aggiegate(ASTP C1g1).. ......w 22.5 ea !F[a), iMlfeSsr inde G!ITEX 2:24-F)........... ...... . . „�,..�..,,... .,:,,...�.���. ..,. 85/ea, Sulfate Sovundnerss of Aggregate(,ASTM C98), 4801t� Reststranre to IDegraudatiaanre by LA Abrasion Apparatus IASTM,x,.1.31 aid C ti33j.. ....... ..... ..... � � � „�,�.�. ... WAR crudPgaafw�alonry T st jAST' D,2:419),,,,,___..... ................. .. .... .. .... .,, , ������.. 1 0/ea t„ rr em is Oyash,W,rt r„ ond 6lroul Fasts Time of Sat of Cem ant(ASTMj C191)„.., . ................ ........... . . . .......$18F/fa Strength ActrvitV tndaar of Slag,jrlya h,or Cement ......... 17s,lgna Corrrp+rassiwe Strength of Cement Laboratory,Prepared(ASTM(109, ... ... . .. .. .... .. .., 2Hie a P�tat ruta� A NP tiwrit�gr P �r ,��t s r�uryrr gw �rr r tt&t 1 7 1 4�........... .. 6T.5/ a Poteitt,i:W Alkali,fieactWtyof'CeraentandAggregAte-moritaeb rrrg-'PI° (ASTM C22'71I..... ... ,. t.engthethangeofConcrete duetoAlkaafi-SiticaslRe,vlo,�"rIA Tfa4 1293) .......... ... . .. ...o.., ..... .. ..,.... � gas Potential AdNrM h- ilita Rextion oN Combinations of w,eng,ent a d Aggregate(ASTM(35671- ..... ...................................... 'l10a As h aft freNt;s MIX De"ate Review. . . ....... . „... ....., ...... ...... i1 ASp It Corjng fmirrlr¢wrrm cjh,arge). _ .......... ............. . . ... ..............,, .... ...375 fl£ trip Care Burk DensitV(A'5TIMif12,1261u .. . . ....o... , , ..... ...... . .., M,oWlog of i3w^eern Speciirnens Gyratrury Wthod(ttarcg rpe,cAnIpnS/,ret)fTpx�2065j qiveen stabdity w'(O"we (ASTM 0,15%Tes 10 ),.,... . 1 1. _ . .......... tra char rada@don-Ifgn tiori Mietivod�T x 2.3,0r,D070 TA V3 jod 30% ....... ....... Specift G,ratw"(A5TM D1188M Tex-2.07F; DOTO TP mak), ,_ . ... ....,.., „aximrwty Tfuvoretdcall > itdfOsr`GaTjvi:rr(ASTt 0 2041M Tex•217P;OOTD TR 3 1) ................... . . ..... ... ........85,00/fla sp,,$t(' ratvmt by+,gn,ttion M01104 I*1`hrrt 0 4,1 5,tex2W;OOTD TR 32 3) ........ .............15.f 0/e PDA Project Test Pile Report f does.not rrudude CAPWAP . e . ..... ._. ..... . ..., ,: ............. ....... .. .. .. .„ s min $90011rra PDA Prmuject Te 5t Pik Report,more thain 12 pdes(does rwot intluOe CAP+ AP). .. ..,„ . ....... o, ......... SOJ a POA dTp-Strike I Production ction Ph Test.Report�djoes not in,chitleCAPWAP)__ ,. ..., ...........................ISO/ea CAPWAPAnaj sis- . .. ......... . ...... ............................... 350/pla PIT Report tinimra,urra j rpto,20pl S'¢�st��,��������� ....... .... . 800joa P`f'T Repair°t(More than 20 ort one profelt) ..... .......... ... ............ , 40/ea 'r+'aA' AP Anxlo+ ........ . .. ............. .. ...........,._, ..... ....... 9001ea WPAPAnalys,!%w/OrivilbilityStaudy . .. .. ..__... .......... . AdOltioniii+ EAP Aoallr5i4;(,"me soil condrtfnnsj Mr-lerAnt pile or laairrwatrsr .............. Geote+rhnical Engineering-Environmental Field and Consulting Serwres-Construction Materials Testing-Deep Foundatir m Testing Page A of 5 Page 5 of 6 TWE Terms- 1. Rates for personnel participating in legal assignments will be Invoiced at 1.5 times the standard rags, L Overtime rates for field personnel are applicable for all hours worked in excess of 8 hours per day, weekends, and holidays and are assessed at LS times the standard rates, 3. Field personnel and equipment are assessed on a portal-to-portal basis,with a minimum call-out charge of 4 hours for the performance of tests and inspections. 4. Project Manager and administrative time will be charged at a minimum rate of I hour for every 20 hours of billable field hours, although the actual hour's time spent will be applied to these services if reports are to be reviewed and transmitted more rapidly than our typical turnaround time. The typical turnaround time for field and laboratory test reports Is approximately 3 to 5 working days from date of service.Administrative fees will be negotiated for demanding and technical projects dependent upon the required daily activities and submittals, 5. A minimum of 24 hours advance notice is requested for scheduling or canceling field inspection or testing services. Field work scheduled with less than 24 hours notice will be serviced subject to available personnel. Field work cancelled with less than 4 hours notice will be subject to the minimum charge. 6. All direct project expenses will be assessed at cost plus 15 percent. 7, Invoices are due and payable upon receipt. Invoices are delinquent if payment has not been received after 30 days from date of invoice and are subject to additional charges. B. Laboratory testing that is requested on an expedited basis will be subject to a 50 percent surcharge,Typical laboratory test turnaround time for standard Construction Materials tests (Le. Proctor, Plasticity Index, Sieve Analysis) Is approximately 48 to 72 hours. 9, Contaminated samples that require special handing will be subject to a 100 percent surcharge. Client will be responsible for the proper disposal of contaminated samples, 10, All samples will be discarded at least 60 days after completion of report,unless directed otherwise by Client in writing. 11. Drilling and sampling,and CPT Service costs will be provided upon request on a"per site"basis. Geotechnical Engineering-Environmental Field and Consulting Services-Construction Materials Testing-Deep Foundations Testing Page 5 of 5 Page 6 of 6 DISCLOSURE OF INTEREST FORM Master Services Agreement SUPPLIER NUMBER TO BE ASSIGNED BTMY------ PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Coi-PLIS DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 171.12, 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: Tolunay-Wong Engineers,Inc. P. O.BOX: N/A STREET ADDRESS: 826 South Padre Island Drive CITY: Corpus Christi ZIP: 78416 FIRM IS: I Corporation 2. Partnership 3. Sole Owner E] 4, Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) 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 N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A 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: Don R.Rokohl Title: Branch Manager (Type or Print) Signature of Certifying Date: November 13,2017 Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis,but not as an independent contractor. d. "Finn." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. 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. FORM 1295 CERTIFICATE OF INTERESTED PARTIES Master Services Agreement CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos,1-4 and 6 if there are interested parties. OFFICE USE ONLY 7 Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-283376 Tolunay-Wong Engineers, Inc. Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 11/13/2017 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. 17101A Geotechnical Engineering and Construction Materials Testing Services 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. MV 6 AFFIDAVIT P I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. • F -,nOR .- � Signature of authorized Agent of contracting business entity AFFIX NOTARY S OVE this the day of Sworntq and subscribed before me,by the said .................. 20 to certify which,witness my hand and seal of office. \�!r5url of officer Admirn§terinTbath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.333 Engineering Master Services Agreements Geotechnical Investigations and Construction Materials Testing Council Presentation January 9, 2018 Geotech & Materials Testing MSAs '�� Erugimeering uuluu �i IIII IIII IIIIII,I,I Illiiiil ull I IIIIII illllllll ��Ipll�i IIIIIIIII IIIIIIII IIIIIIIII IIIII,I,I,I,I Illlullll IIIIIII,I,I VIII ,,,III � �� u i iNlhu ii�u�i uu ulllll�m um u� a uu� uuu mlVm u 1. Professional Service Industries, Inc. $800,000 2. Rock Engineering&Testing, Inc. $800,000 3. Tolunay-Wong Engineers, Inc. $800,000 TOTA L A M O U NT $2,400,000 i Project Location C+aopus CII st Erugine:ering CITYWIDE MASTER SERVICES AGREEMENT FOR N GEOTECHNICAL AND CONSTRUCTION SCALE:N.T.S. MATERIALS TESTING r J i 4y :u , Project Scope r Caopus CIIP"st Erugime:ering Award of three (3) Master Services Agreements (MSAs) for professional services for geotechnical investigations and material testing to ensure proper design and to minimize cost of design/construction. The MSAs are planned as follows: • Each MSA not to exceed $800,000 • Two-year base term with no extensions or renewals • Individual Task Orders (TO) with scope and fee per project • TO scope and fee negotiated and administratively authorized by the City Manager, or designee • Geotechnical investigations and construction material testing to determine the engineering properties including how they will interact with, on or in a proposed construction project d Geotechnical Investigation Scope �ooPUSCIIP"�ti _ r� sneering Geotechnical Engineers investigate soil conditions and materials, then determine and design foundations, earthworks, and/or pavement subgrades required to construct a viable project. These investigations and design determinations are critical to structural integrity and important tools to minimize design amendments and construction cost and change orders for City projects. i Material Testing Scopeus Material Testing Services includes on-site testing and monitoring to analyze the construction/placement of soils, concrete, HMAC, welding connections and other miscellaneous materials including: • Soil testing verifies structural fill, need for moisture adjustments, and provide an overview of earthwork activities • Concrete testing includes sampling concrete for air content, slump, temperature and unit weight; making cylinder samples for compressive strength testing per project specifications • HMAC testing includes monitoring temperature, lift thickness, compaction (core samples), aggregate gradation, asphalt content, bulk specific gravity, stability and flow • Miscellaneous testing includes specialty work such as welding c� i corppscl Engine; rmr�g Questions . CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. Legistar No. 17-1463 Future Item for the City Council Meeting of January 9, 2018 Action Item for the City Council Meeting of January 16, 2018 Agenda Item: Motion authorizing the City Manager, or designee, to execute three (3) separate two-year Master Services Agreements (MSAs) with not-to-exceed amounts of $800,000 each with Professional Service Industries, Rock Engineering & Testing Laboratory, and Tolunay-Wong Engineers for geotechnical engineering and construction materials testing. The aggregate not-to-exceed value of these three contracts is $2,400,000. Amount Required: N/A at this time. Funding info will be provided upon execution of Task Orders for each testing firm. Fund Name Accounting Unit Accoount Activity No. Amount Street 2015 GO Bd 14 3551-051 500030 2,400,000 Total 2,400,000 X Funding source will change as specific projects are identified. Director of Financial Services Date: 12018 SC 00 � 0 E AGENDA MEMORANDUM NCORPORP11 Future item for the City Council Meeting of January 9, 2018 1852 Action item for the City Council Meeting of January 16, 2018 DATE: January 3, 2018 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations lawm@cctexas.com (361) 826-1972 Hurricane Harvey— Reimbursement from Texas Department of Public Safety CAPTION: Motion authorizing the City Manager, or designee, to execute all documents necessary to accept $502,449.01 reimbursement from Texas Department of Public Safety of the City's local cost share expended for debris removal costs under Federal Emergency Management Agency's (FEMA's) Public Assistance Disaster Grant Program for Hurricane Harvey. PURPOSE: The purpose of this agenda item is to accept state emergency funding from Texas Department of Public Safety. BACKGROUND AND FINDINGS: Governor Abbott, in partnership with Texas House and Senate leaders, authorized state emergency appropriation funding to assist cities and counties with up to ten percent of their non-federal local cost share associated with debris removal under FEMA's Public Assistance disaster grant program. The estimated Hurricane Harvey expenditures under these contingency agreements are currently anticipated to be approximately$9 million. ALTERNATIVES: Not Applicable CONFORMITY TO CITY POLICY: Conforms to the City of Corpus Christi Charter and Code of Ordinances. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste Operations Department FINANCIAL IMPACT: ❑ Operating x Revenue ❑ Capital ❑ Not applicable Fiscal Year Current Year Future Years TOTALS 2017-2018 Budget 0 0 Encumbered / Expended 0 0 Amount This item 502,449.01 502,449.01 Future Anticipated Expenditures This 0 0 Project BALANCE 502,449.01 502,449.01 Fund(s): 1020 General Fund Comments: N/A RECOMMENDATION: City staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Not applicable SC o� � AGENDA MEMORANDUM NORPORP�E� Future Item for the City Council Meeting of January 9, 2018 1852 Action Item for the City Council Meeting of January 16, 2018 DATE: December 22, 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: Lawrence Mikolajczyk, Director of Solid Waste Operations lawm@cctexas.com (361) 826-1972 Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Professional Services Contract Solid Waste Air Compliance and Gas System Monitoring 2018 CAPTION: Motion authorizing the City Manager, or designee, to execute a professional services contract with Stearns, Conrad and Schmidt, Consulting Engineers, Inc., (SCS) of Bedford, Texas in the amount of$158,840 for Solid Waste Air Compliance and Gas System Monitoring 2018. PURPOSE: The purpose of this agenda item is to obtain authority to execute a professional services contract needed for Solid Waste Air Compliance and Gas System Monitoring 2018 that is required for Texas Commission on Environmental Quality (TCEQ) air permitting requirements. BACKGROUND AND FINDINGS: The City owns and operates the Cefe F. Valenzuela Landfill and conducts post-closure care for the J.C. Elliott Municipal Landfill. Both landfills have Gas Collection and Control Systems (GCCS) and are required to have TCEQ Title V Air Operating Permits. The permits require regular reporting on how the City is meeting emission control requirements with monitoring, testing, demonstrating compliancy of maintenance and operation within emission limits and other pollution control requirements. Project Scope This item provides for the professional services to perform testing, data collection, monitoring, analysis, and reporting requirements associated with the Air Operating Permit. There is a total of 164 gas extraction wells; 26 wells at Cefe Landfill and 138 at JC Elliott. Each well requires monitoring and balancing for static and differential pressures, temperatures and oxygen content with testing for various greenhouse gases and other pollutant controlled gases. The GCCS requires additional testing and monitoring and maintenance of blower and flare flows, pressures, temperatures and greenhouse gases. The engineer will monitor the above items and identify any necessary preventative maintenance actions required. The information is compiled into reports and compared to permit levels. ALTERNATIVES: 1. Authorize execution of a professional services contract. (Recommended) 2. Do not authorize execution of a professional services contract. (Not Recommended) OTHER CONSIDERATIONS: SCS Engineers is the engineer selected for this project under Request for Qualifications No. 2017-01 Public Works, Engineering Planning and Testing Services. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Solid Waste Operations FINANCIAL IMPACT: ®Operating ❑ Revenue ❑Capital ❑ Not applicable Fiscal Year Project to 2017-2018 Date Current Year Future Years TOTALS Expenditures Line Item Budget 270,675 270,675 Encumbered / Expended Amount 97,585 97,585 This Item 158,840 158,840 Future Anticipated Expenditures 14,250 14,250 BALANCE 0 0 Fund: Solid Waste Operating RECOMMENDATION: City Staff recommends approval of a professional services contract with SCS Engineers of Bedford, Texas in the amount of $158,840 for Solid Waste Air Compliance and Gas System Monitoring 2018. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Contract Form 1295 (in contract) PROJECT BUDGET ESTIMATE SOLID WASTE AIR COMPLIANCE AND GAS SYSTEM MONITORING 2018 FUNDS AVAILABLE: SolidWaste Operating.................................................................................................................... $ 270,675 TOTAL FUNDS AVAILABLE........................................................................................................... $ 270,675 FUNDS REQUIRED: Design:.................................................................................................................................... 256,425 Cefe F.Valenzuela Landfill 10-Year Air Permit Certification Renewal (SCS Engineers, Inc.)........ 4,000 J.C. Elliott Landfill 10-Year Air Permit Certification Renewal (SCS Engineers, Inc.).................... 7,300 Air Compliance 2017 (SCS Engineers, Inc.)....................................................................... 48,900 Gas System 2017 (SCS Engineers, Inc.)........................................................................... 37,385 Air Compliance & Gas System 2018 (SCS Engineers, Inc.) THIS ITEM..................... 158,840 Reimbursements:......................................................................................................................... 14,250 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance)............................ 5,300 Engineering Services (Project Mgmt/Constr Mgmt)............................................................. 7,950 Misc.......................................................................................................................... 1,000 TOTAL........................................................................................................................................ $ 270,675 ESTIMATED PROJECT BUDGET BALANCE..................................................................................... $ - SCALE: N.T.S. NUECES RIVER 524 NUECES BAY 1�1 ANNAVILLE p E 77 o RRipp U � Z 3 O Q f CORPUS CHRISTI SHIP g ✓, LEOPARD O a' ROBSTOWN = 44 44 CORPUS CHRISTI Zk'� 255 INTERNATIO AL F AIRPORT pµO O 355 Z L 9 4, o"�° sA.o °CFgH JC Elliott Landfill yOkr 355 Z Y° � MpgR CABANISS ELD 555 43 O 00 PROJECT LOCATIONS Z �F JO 2444 RST W,V Cefe Valenzuela Landfill LOCATION MAP NOT TO SCALE Project Number: E17115 Solid Waste Air Compliance and CITY COUNCIL EXHIBIT Gas Monitoring 2O1 CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES "I,,," Engineering Solid Waste Air Compliance and Gas System Monitoring 2018 Council Presentation January 9, 2018 Project Location Engineering N scale N.rs. JC Elliott Landfill V. " SOLID WASTE AIR COMPLIANCE AND GAS MONITORING 2018 Cefe Valenzuela Landfill 2 i Project Vicinity / C+aopus CII st Engineering N N SCALE:N.T.S. SCALE:N.T.S. 50LID WASTE AIR air COMPLIANCE GAS MONITORING i ak, k Cefe Valenzuela Landfill JC Elliott Landfill Y I�f i 3 , Project Scope r Caopus CPIt°si Erugime:ering This item provides for operating and reporting requirements for the City's TCEQ Air Operating Permit required for Cefe Venezuela and JC Elliot Landfills. A sample of work for both locations includes: • Monitoring and data collection for 164 gas extraction wells • Monthly monitoring and maintenance for Gas Collection and Control System (GCCS) • Testing and analysis for emission inventories of various greenhouse gases and other pollution controlled gases from extraction wells • Regular reporting to TCEQ • System maintenance and balancing of extraction wells and recommendations for preventative maintenance for GCCS �d i a Project Schedule r Caopus CII st irlgpin eering i FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Projected Schedule reflects City Council award in January 2018 with anticipated completion December 2018. CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT E17115 SOLID WASTE AIR COMPLIANCE AND GAS SYSTEM MONITORING 2018 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 Stearns. Conrad and Schmidt. Consulting Engineers. Inc. (SCS), a Virginia corporation, with offices at 1901 Central Drive, Suite 550, Bedford, Tarrant County, Texas 76021, (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 Contract for Professional Services Exhibit A 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,e) a Cvhihi4 C 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- 1. 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 V party owners/operators. Contract for Professional Services Exhibit A 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 $158,840. 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. Contract for Professional Services Exhibit A 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). _years begiRRiRg OR the Effe_ approved GhaRges. Contract for Professional Services Exhibit A 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 Contract for Professional Services Exhibit A 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. Contract for Professional Services Exhibit A 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. Contract for Professional Services Exhibit A 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 111. 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. Contract for Professional Services Exhibit A 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 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 contractor tort or otherwise,to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Contract for Professional Services Exhibit A ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture,then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any 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://www.ethics.state.tx.us/whatsnew/elf—info—forml295.htm. The form must then be printed, signed, Contract for Professional Services Exhibit A notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.eth ics.state.tx.us/legal/ch46.htm 1. 13.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code,to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 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 SC EINES, INC. 1110611-7 Jeff H. Edmonds, P.E. Date David J'Mbizacappa, P.E. Date Director of Engineering Services Vice President 1901 Central Drive, Suite 550 Bedford, TX 76021 APPROVED AS TO LEGAL FORM (817) 571-2288 Office dmezzacappa@scsengineers.com Assistant City Attorney Date ATTEST City Secretary Date Project Name Solid Waste Air Compliance & Project Name Solid Waste Air Compliance & Gas System Monitoring 2018 Gas System Monitoring 2018 Project Number E17115 Project Number E17115 Accounting Unit 1020-12506-033 Accounting Unit 1020-12530-033 Account 530000 Account 530000 Activity E17115-01-1020-EXP Activity E17115-01-1020-EXP Account Category 30000 Account Category 30000 Fund Name Solid Waste Operating Fund Name Solid Waste Operating Amount $91,620 (Cefe) Amount$67,220 (JC Elliott) Contract for Professional Services I Exhibit A EXHIBIT A SCOPE OF SERVICES Contract for Professional Services Exhibit A i / H iii H /f mnMfV Cefe Valenzuela Landfill Proposal for Air Compliance and Gas System OM&M Services Calendar Year 2018 Presented To: f. CITY OF CORPUS CHRISTI P. O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3500 Presented By: SCS ENGINEERS 1901 Central Drive, Suite 550 Bedford, Texas 76021 (817) 571 -2288 December 2017 SCS Proposal No. 160063217 Offices Nationwide www.scsengineers.co Cefe Valenzuela Landfill Proposal for Air Compliance and Gas System OM&M Services Calendar Year 2018 Presented To: CITY OF CORPUS CHRISTI P. O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3500 Presented By: SCS ENGINEERS 1901 Central Drive, Suite 550 Bedford, Texas 76021 (817) 571 -2288 December 2017 Proposal No. 160063217 City of Corpus Christi Table of Contents Section Page 1 BACKGROUND...................................................................................................................................... 1 2 SCOPE OF SERVICES............................................................................................................................2 Task 1 — Cefe Emissions Inventory Update/Fee Reporting......................................................... 2 Task 2 — Cefe Greenhouse Gas Reporting Services.................................................................... 2 Task 3 — Cefe Title V Reporting 2018 ...........................................................................................3 Task 4 — Cefe NSPS/SSM Reporting 2018................................................................................... 3 Task 5 — Cefe NSPS Flare Source Testing...................................................................................... 3 Task 6 — JCE Emissions Inventory Update/Fee Reporting...........................................................4 Task 7— JCE Greenhouse Gas Reporting Services......................................................................5 Task 8 — JCE Title V Reporting 2018..............................................................................................5 Task 9 — Air Compliance On-Call Services....................................................................................5 Task 10 — Cefe Routine/Non-Routine GCCS OM&M Services..................................................6 Task1 1 — Cefe SEM Services.........................................................................................................l 1 Task 12 — JCE Routine/Non-Routine GCCS OM&M Services...................................................12 3 FEE AND SCHEDULE............................................................................................................................18 4 ASSUMPTIONS AND CONDITIONS.................................................................................................20 Attachment Fee Schedules (Labor and Equipment) Cefe Valenzuela and J. C. Elliott Landfills GCCS OM&M and December 2017 Related Services Proposal City of Corpus Christi IREBECIMMIMM 1 BACKGROUND Based upon the scope awarded to SCS Engineers from RFQ 2017-01, this proposal has been prepared to cover air compliance and landfill gas collection and control system (GCCS) operation, maintenance, and monitoring (OM&M) services at the City of Corpus Christi's (City's) solid waste facilities. The facilities covered under this proposal include the following: • The Cefe Valenzuela Landfill (Cefe); and • The J.C. Elliott Landfill and Transfer Station QCE). Both landfills have GCCS' and Cefe is now fully subject to federal New Source Performance Standard(NSPS) requirements for operation, monitoring, and reporting of its GCCS. This proposal has been divided into several tasks to accomplish the needs for 2018 identified above. The tasks shown at the beginning cover air compliance and reporting work needed in 2018 while the latter tasks cover GCCS OM&M services. Tasks are also subdivided by site (i.e., a separate task is provided for the emissions inventory for both Cefe and JCE as opposed to having one combined task for both inventories). Cefe Valenzuela and J. C. Elliott Landfills GCCS OM&M and December 2017 Related Services Proposal 1 City of Corpus Christi 2 SCOPE OF SERVICES TASK 1 — CEFE EMISSIONS INVENTORY ATE/FEE R E P 0 RTI A formal emissions inventory is filed annually for Cefe per TCEQ requirements to report emissions annually. This task will include preparation of this inventory and filing the emissions fee remittance form in 2018 that is also required and which is based on calendar year 2017 emissions. For this task, in January 2018, SCS will gather the information needed to estimate calendar year 2017 emissions from Cefe. Some of this will overlap with the information needed to estimate GHG emissions (Task 2) also so one list will be prepared for both tasks. Upon receipt of the necessary information, SCS will prepare emissions spreadsheets and enter these emissions into TCEQ's State of Texas Environmental Electronic Reporting System (STEERS). Upon completion of entering the CY2017 data, SCS will provide the calculations in PDF format for your review and work with you to address any comments and certify the STEERS data on to TCEQ prior to the March 31, 2018 TCEQ deadline to certify the emissions to them. We will upload pertinent calculations into STEERS for TCEQ's reference. In April the City will receive an emissions fee remittance form since the landfill holds a Title V permit. Upon receipt of this form, SCS will complete it on the City's behalf, using the estimated 2017 emissions from the inventory. We will also estimate the amount that the City can be expected to be invoiced for in November 2018 for the City's budgetary planning. TASK 2 — CEFE GREENHOUSE GAS REPORTING SERVICES As part of Task 2's services, SCS will prepare the required reporting associated with the Federal mandatory GHG reporting rules for calendar year 2017 GHG emissions for Cefe. This work includes the preparation and submittal of the required GHG emissions estimates and associated information required by the GHG reporting rule. The deadline for this submittal will be on March 31, 2018. SCS will have much of the information necessary to complete the GHG emissions estimates based on prior work. However, we will contact you regarding the additional information needed for the 2017 report(along with any TCEQ emissions inventory information needed form Task 1). As was completed this past March, online reporting with our XML formatted submittal will be used to file information related to the GHG reporting rule. SCS will work with the City and enter all online information for the City's review and certification. When the reporting has been completed, SCS will provide a memorandum for your files including backup calculation spreadsheets and pertinent assumptions. Cefe Valenzuela and J. C. Elliott Landfills GCCS OM&M and December 2017 Related Services Proposal 2 City of Corpus Christi TASK 3 — CEFE TITLE V REPORTING 1 Cefe's Title V permit requires reporting in the form of two semi-annual deviation reports each year and an annual compliance certification. For this task, SCS will prepare and file these reports on behalf of the City (with City Responsible Official signatures). SCS will track the required submittal deadlines and provide an information list for the City's review to affirm that no known deviations have occurred. Any discovered deviations will be explained and included as such in the Title V paperwork. Upon completion of all paperwork and receipt of the City's signature page, SCS will transmit the appropriate paperwork to TCEQ and, for the annual certification, to EPA. Although not required, in 2018 there will be one additional filing to synchronize the City's Title V reporting for Cefe with NSPS reporting (Task 4) that is also due on a semi-annual basis. TASK 4 — CEFE HSPS/SSM REPORTING 2018 For this task SCS will prepare reports for two semi-annual NSPS/SSM reporting events due during calendar year 2018. The initial report(due within 180 days of the NSPS effective date for the landfill)will also include the source test included in Task 5. At the end of each reporting period, SCS will obtain all monitoring information required for reporting from SCS' gas system operations team. Upon completion, a draft copy of each semi-annual report will be submitted to the City for review, comment, and appropriate signatures. The NSPS/SSM reporting will be combined with the required Title V permit reporting so that only one overall semi-annual is required. Upon receipt of comments and the executed signature pages, SCS will compile a PDF of the final document and prepare the appropriate copies for transmittal to TCEQ, and other required regulatory agencies, as well as the City. TASK 5 — CEFE HSPS FLARE SOURCE TESTING SCS will prepare an open flare submittal to TCEQ demonstrating that the newly installed open flare at the landfill is in compliance with 40 CFR §60.8 and 40 CFR §60.18 operating requirements as required by the NSPS rule. In order to fully comply with these requirements, the following tests will be performed: • EPA Method 3C testing of three 30-minute landfill gas samples for heating value and content of(CH4, CO2, Oz, and N2); • Volumetric flow rate calculated in accordance with EPA Method 2C; • EPA Method 1 to determine traverse sampling points; and • EPA Method 22 to evaluate visible emissions on 20-minute intervals with 5-minute breaks for a 2-hour period. SCS will coordinate with Advance Technology Labs (ATL), to obtain canisters for sampling and schedule the sampling, flow measurements, and opacity testing. This proposal assumes that all monitoring will show compliance with required 40 CFR §60.18 values per the flare's design. Cefe Valenzuela and J. C. Elliott Landfills GCCS OM&M and December 2017 Related Services Proposal 3 City of Corpus Christi SCS will work with the City to determine when the on-site work portion of this will be completed (this work is included in this task's fee also). A 30-day notification is required to TCEQ in case they wish to be present for the sampling. Once a date is determined for the testing, SCS will prepare and submit the notification to TCEQ on the City's behalf. Upon receipt of all needed laboratory and field results, a draft demonstration submittal will be prepared. The demonstration will be in the form of a letter with TCEQ's specified certification page for signature, along with additional backup information including the following: • Calculations showing conformance with heating content and maximum allowable tip velocity; • Manufacturer's data from the flare's operation manual showing, at a minimum, tip diameter and maximum allowable flow; • Flare flow (Method 2) and gas analysis data (Method 3C) used in the heat content and tip velocity calculations; and • Method 22 opacity observation results. SCS will provide a draft submittal to the City for review and certification. This task does not include electronic submittal of these results to EPA since it is anticipated that the City will not be subject to those electronic reporting requirements by the time this submittal is due. This report will also be included in the initial NSPS/SSM report(Task 5) as required by the NSPS rule. TASK 6 — JCE EMISSIONS INVENTORY UPDATE/FEE REPORTING A formal emissions inventory is filed annually for JCE so that emissions fees may be based upon actual, not permitted emissions. This task will include updating this inventory and filing the emissions fee remittance form in 2018 for calendar year 2017 emissions. For this task, in January 2018, SCS will gather the information needed to estimate calendar year 2017 emissions from JCE. Some of this will overlap with the information needed to estimate GHG emissions (Task 7) also so one list will be prepared for both tasks. Upon receipt of the necessary information, SCS will prepare emissions spreadsheets and enter these emissions into TCEQ's State of Texas Environmental Electronic Reporting System (STEERS). Upon completion of entering the CY2017 data, SCS will provide the calculations in PDF format for your review and work with you to address any comments and certify the STEERS data on to TCEQ prior to the March 31, 2018 TCEQ deadline to certify the emissions to them. We will upload pertinent calculations into STEERS for TCEQ's reference. In April the City will receive an emissions fee remittance form since the landfill holds a Title V permit. Upon receipt of this form, SCS will complete it on the City's behalf, using the estimated 2017 emissions from the inventory. We will also estimate the amount that the City can be expected to be invoiced for in November 2018 for the City's budgetary planning. Cefe Valenzuela and J. C. Elliott Landfills GCCS OM&M and December 2017 Related Services Proposal 4 City of Corpus Christi TASK 7 — JCE GREENHOUSE GAS REPORTING ERVIC As part of Task 7's services, SCS will prepare the required reporting associated with the Federal mandatory GHG reporting rules for calendar year 2017 GHG emissions for JCE. This work includes the preparation and submittal of the required GHG emissions estimates and associated information required by the GHG reporting rule. The deadline for this submittal will be on March 31, 2018. SCS will have much of the information necessary to complete the GHG emissions estimates based on prior work. However, we will contact you regarding the additional information needed for the 2017 report(along with any TCEQ emissions inventory information needed form Task 1). As was completed this past March, online reporting with our XML formatted submittal will be used to file information related to the GHG reporting rule. SCS will work with the City and enter all online information for the City's review and certification. When the reporting has been completed, SCS will provide a memorandum for your files including backup calculation spreadsheets and pertinent assumptions. TASK 8 — JCE TITLE V REPORTING 201 8 JCE's Title V permit requires reporting in the form of two semi-annual deviation reports each year and an annual compliance certification. For this task, SCS will prepare and file these reports on behalf of the City (with City Responsible Official signatures). SCS will track the required submittal deadlines and provide an information list for the City's review to affirm that no known deviations have occurred. Any discovered deviations will be explained and included as such in the Title V paperwork. Upon completion of all paperwork and receipt of the City's signature page, SCS will transmit the appropriate paperwork to TCEQ and, for the annual certification, to EPA. TASK 9 — AIR COMPLIANCE ON -CALL SERVICES Task 9 is being included to provide a task for any on-call air quality services that might be needed in 2018 to cover items such as the following: • Support for any TCEQ air inspections where the City may need to organize air compliance documentation for the inspector, or may want to consider having SCS present at the inspection; • Permit revisions that may be needed during the year for any new sources being planned at one of the City's solid waste sites; • Questions the City may have about possible landfill gas-to-energy or other air-related items; and/or • Support for new rule promulgation that may occur during the year and require compliance filings, or other support. Cefe Valenzuela and J. C. Elliott Landfills GCCS OM&M and December 2017 Related Services Proposal 5 City of Corpus Christi The above list is not meant to be inclusive, and depending on the level of effort needed, addition fees to those included in this proposal may be necessary. However, this task will provide a mechanism for SCS to quickly respond(at least initially) as any such need arises. TASK 10 — CEFE ROUTINE/NON - ROUTINE GCCS OM&M SERVICES Cefe's GCCS contains the following items that require OM&M services: Gas Collection System SEM Landfill No. of No. of No. of No. of Surface Wells Sumps Flares' Blowers Area (acres) Cefe Valenzuela 26 4 1 2 60 1 Candlestick Flare For monitoring purposes, Cefe will be subject to the operational requirements of Title 40 Code of Federal Regulations Part 60, Subpart WWW (aka New Source Performance Standards (NSPS)). SCS Field Services (SCS-FS) will operate the GCCS at Cefe as part of this proposal consistent with NSPS rules. Consequently, the following minimum landfill gas (LFG) quality standards will apply to measurements taken at each LFG extraction wellhead: • Static pressure measured at the wellhead must be less than 0.0 inches of water column (i.e., under vacuum); • LFG temperature measured at the wellhead must be less than 131 degrees Fahrenheit (131°F); and • Oxygen concentration measured at the wellhead must be less than 5.0 percent by volume. Although not required by regulations, SCS-FS will also attempt to maintain the LFG quality at each wellhead in conformance with the following limits: • Methane concentration between 45 and 58 percent; and • Balance gas concentration less than 10 percent. These latter LFG quality standards are overall benchmarks and are not considered absolute minimum or maximum allowable readings; however, they are consistent with NSPS requirements and provide desirable goals for LFG quality at each wellhead. Routine OM&M Services Routine GCCS-related services are those services for which the scopes can be reasonably defined at the present time and estimates of costs provided. Cefe Valenzuela and J. C. Elliott Landfills GCCS OM&M and December 2017 Related Services Proposal 6 City of Corpus Christi IREBECIMMIMM Wellfield nit ring and Maintenance Services SCS-FS will conduct monitoring and adjustment of the wellfield to ensure proper balancing of the LFG extraction wells. Routine GCCS OM&M services will be provided at each active LFG extraction well. During these services, SCS-FS will document the following operational data for each well: • Static pressure; • Differential pressure; • Lateral (available)vacuum; • LFG flow; • LFG composition (i.e., methane (CH4), carbon dioxide (CO2), oxygen (02), nitrogen (N2)); and • LFG temperature. The technician will also evaluate the condition of each wellhead and listen for leaks. Minor leaks identified during monitoring will be repaired at the time of discovery. Leaks that cannot be fully repaired (e.g., those requiring replacement parts) will be temporarily mitigated in the field (if possible). Permanent repairs will be performed as non-routine scheduled services (see Non- Routine Services section of this proposal). Monitoring will be performed with a Landtec GEM 5000 or equivalent. At a minimum, the GEM 5000 will be calibrated prior to use each day and as needed during the course of the day. Factory calibration will be performed in accordance with manufacturer's recommendations. Other Wellfield Monitoring and Maintenance Services Additional wellfield monitoring and maintenance services are indicated below: • Replacement of flex hoses and monitoring ports on wells (labor only; limited to three wells per month); • Measurement of depth-to-liquid in wells (once for each well per year); • Monitoring of LFG quality and pressure at sample ports on collection piping (if applicable); • Observation and monitoring of wells equipped with pneumatic pumps to verify proper operation of pumps (if applicable); • Observation and monitoring of condensate sumps and/or drip legs to verify their integrity and proper operation; and • Observation for general landfill cover integrity and surface water drainage conditions that might impact LFG collection system operations. As necessary, issues related to these items will be brought to the attention of landfill management prior to SCS-FS personnel leaving Cefe and documented in the monthly report(see below). Cefe Valenzuela and J. C. Elliott Landfills GCCS OM&M and December 2017 Related Services Proposal 7 City of Corpus Christi BFS Monitoring n Maintenance rvi s SCS-FS will perform routine blower/flare system (BFS) monitoring each month including the following services: • Collect BFS data(as available) including: - Instantaneous flow readings (from meter); - Total flow readings (from totalizer); - Overall system vacuum (i.e., knockout inlet); - Knockout outlet pressure and temperature; - Blower inlet and outlet pressures and temperatures; - Flame arrestor inlet and outlet pressures (if ports available); - Composite LFG quality (i.e., CH4, CO2, Oz, and balance gas concentrations); - Flare temperature (from thermocouple readout); - Blower run time hours (from meter); - Blower bearing temperatures (from panel readout); - Blower amperage reading (from panel readout); - Flow meter readings (for condensate tanks [if applicable]); and - Logger data(i.e., download logger). • Monitor and record operating status as applicable of various BFS components including: - Blower; - Motor; - Flare; - Flare control system; - Air compressor(if applicable); and - Propane tank (if applicable). SCS-FS personnel will identify any necessary manufacturer's specified preventative maintenance of BFS components including: • Blower; • Motor; • Flare control system; • Condensate knockout(s); and • Flame arrestor. In the event that SCS-FS is required to perform these services, then they will be provided as non- routine scheduled services (see Non-Routine Services section of this proposal). Services that will be provided as needed in conjunction with routine monthly visits include: • Tightening of hoses, valves, etc.; • Replacement of broken sampling ports/cock valves (labor only); Cefe Valenzuela and J. C. Elliott Landfills GCCS OM&M and December 2017 Related Services Proposal 8 City of Corpus Christi • Cleaning around the BFS; and • Greasing motor/blower bearings (if grease fittings available). Spare Parts Inventory SCS-FS will keep an inventory of spare parts and materials at a designated location on site for the GCCS (in accordance with the manufacturer's operations manuals for the blower, motor, and flare). If any of the spare parts or materials in the inventory are used for maintenance or repairs, SCS-FS will notify City personnel who will order the items or who may direct SCS-FS to do so. GCCS OM&M Recordkeeping and Reporting For monthly GCCS OM&M services, SCS-FS will prepare and submit a report by the end of the month following the month for which wellfield monitoring services were provided. This report will include the following information: • Monitoring data collected at individual LFG extraction wells; • Status of each well's compliance with the operating limits; • Well depth measurements (when such measurements are taken); • Summary of BFS operations; • Condensate sump operational status; • Summary of routine maintenance services performed; • Summary of non-routine maintenance services performed (if any); and • Recommendations for additional non-routine maintenance or repairs needed(if any). In advance of submitting the above-described report, SCS-FS will compile collected data on the SCSeTools server and provide access for designated personnel to this data. Field data will be uploaded to SCSeTools for access and review within two workdays following collection by SCS- FS. By placing data on the SCSeTools server, access will be available to personnel at all times via the Internet. Flown Meter Calibration Calibration of the LFG flow meter in accordance with the manufacturer's recommendations is a requirement of greenhouse gas (GHG) regulations. To address this requirement, SCS-FS will remove the site's flow meter and replace it with a rental unit from the meter manufacturer. The site's meter will be shipped to the manufacturer for factory calibration. After calibration and return, SCS-FS will reinstall the meter and return the rental unit to the manufacturer. Documentation of the calibration will be provided to the City for their records. SCS-FS will arrange for meter calibration so as to ensure that a properly calibrated meter is installed at all times. Meter calibration costs below account only for calibration of the meter (including meter rental, removal/installation costs, and all shipment costs) but not for any repairs determined needed by the meter manufacturer. Cefe Valenzuela and J. C. Elliott Landfills GCCS OM&M and December 2017 Related Services Proposal 9 City of Corpus Christi Project n ent and Administration For the above tasks, SCS-FS will provide an adequate level of management and administration to ensure that the project runs smoothly and efficiently. Management/administrative services include scheduling of field activities, oversight of field activities, reporting of field activities, invoicing for services, and client communications. Costs for these services are included under the respective tasks. CEFE Non-Routine OM&M Services With the routine services that will be provided as described above, non-routine services should be minimized; however, some non-routine services may still be necessary at times. Examples of such services are provided below. Non-Routine Scheduled Services Non-routine scheduled services consist of corrective repairs or maintenance work identified by City personnel or by SCS-FS personnel during routine visits or supplemental GCCS monitoring services. Such services may include but are not limited to the following: • Remonitoring of LFG extraction wells; • Repair/replacement of broken valves; • Repair/replacement of damaged wellheads; • Raising of wells; • Repair of damaged header and/or leachate lines; • Troubleshooting of well and/or header problems; • Blower/flare maintenance activities; and • Troubleshooting of pump problems (in wells or sumps). Such services may be necessary for regulatory compliance or essential for satisfactory system operation; however, the work is of a non-emergency nature and can be scheduled to allow for procurement of materials and/or equipment and scheduling of personnel. Non-routine scheduled maintenance will be performed on a time-and-materials or fixed fee basis and only with prior authorization from the City. Non-Routine Unscheduled Services Non-routine unscheduled (emergency) services include events that require immediate response for ongoing operation of the GCCS and/or to ensure protection of public health and the environment. Such services may include but are not limited to the following: • Investigation of elevated oxygen concentrations at the BFS; • Repair of main header line breaks (resulting in no or reduced LFG flow); • Troubleshooting/repair of BFS problems; and • Investigation of surging vacuum in header. Cefe Valenzuela and J. C. Elliott Landfills GCCS OM&M and December 2017 Related Services Proposal 10 City of Corpus Christi Due to the urgent nature of these items, advance scheduling of work activities may not be feasible; however, SCS-FS personnel are prepared to respond to emergencies as needed, 24 hours per day, 7 days per week. Non-routine unscheduled services will be performed as required on a time-and-materials basis and only with prior authorization from the City. TASK 1 1 — CEFE SEM SERVICES SCS-FS will perform quarterly SEM events at Cefe in general accordance with Title 40 Code of Federal Regulations Section 60.755(c) and (d) (40 CFR §60.755(c) and (d)) or 40 CFR §60.765(c) and (d) and 40 CFR Part 60, Appendix A, Method 21. As required by the regulations, monitoring will be scheduled during periods of typical meteorological conditions and will provide coverage of the area served by the GCCS. SEM Field Activities The SEM event will include the following: • Identifying the monitoring route in the field per the SEM route map; • Identifying penetration locations in the field per the wellfield layout map; • Testing surface emissions continuously along the monitoring path and at penetrations using an organic vapor analyzer specifically designed for surface emissions testing (e.g., flame ionization detector); • Marking, recording, and notifying Site personnel of areas where methane concentrations exceeding 500 parts per million (ppm) above background are detected(if applicable); and • Recommending corrective actions to remediate areas of exceedances (if applicable) such as adjustments to extraction wells; adjustments to header line flow/vacuum; cover maintenance; or installation of additional collection devices. Rechecks of locations where methane concentrations exceed 500 ppm above background will be performed within 10 days and at one month of initial detection of the exceedance as if this were a formal required scan. Exceedances will be brought promptly to the attention of Site personnel to allow timely implementation of corrective actions. If a corrective action is implemented for an exceedance location on the day of the quarterly SEM event prior to the SCS-FS technician leaving the Site, then the 10-day recheck will be performed that same day. In the event that separate mobilizations are required, a cost for one 10-day or one-month recheck per quarter has been included in the SEM cost in the Fee and Schedule section of this proposal (see below). SEM Recordkeeping and Reporting By the end of the month following the month in which the SEM work is completed, SCS-FS will prepare and submit a report to the landfill manager summarizing all SEM activities performed and the data collected. This report will include the following information: • Explanation of procedures followed in conducting monitoring; • Instrument field calibration and background data; • Data for exceedance locations (i.e., locations with methane concentrations exceeding 500 Cefe Valenzuela and J. C. Elliott Landfills GCCS OM&M and December 2017 Related Services Proposal 11 City of Corpus Christi ppm above background) including initial and follow-up monitoring (if applicable); • Identification of corrective actions implemented to address exceedances (if applicable); and • A map of the SEM route with exceedance locations and areas not monitored (for safety reasons)noted. Additional documentation (e.g., field data, notes) will be maintained and made available as needed. SEM Schedule SEM events will be conducted during each calendar quarter of 2018. Depending on the date on which a particular event is performed, rechecks and reporting may extend into the subsequent quarter. TASK 1 — JE ROUTINE/NON - ROUTINE GCC SERVICES JCE's GCCS contains the following items that require OM&M services: Gas Collection System Landfill No. of No. of No. of No. of Wells Sumps Flares' Blowers J. C. Elliott 138 7 1 2 1 Candlestick Flare Although JCE is not subject to the operational requirements of Title 40 Code of Federal Regulations Part 60, Subpart WWW (aka New Source Performance Standards (NSPS)), the site's GCCS will typically be operated as though those rules do apply. As much as possible, SCS-FS will operate the GCCS at JCE as part of this proposal consistent with NSPS rules. Consequently, the following minimum landfill gas (LFG) quality standards will apply to measurements taken at each LFG extraction wellhead: • Static pressure measured at the wellhead must be less than 0.0 inches of water column (i.e., under vacuum); • LFG temperature measured at the wellhead must be less than 131 degrees Fahrenheit (131°F); and • Oxygen concentration measured at the wellhead must be less than 5.0 percent by volume. SCS-FS will also attempt to maintain the LFG quality at each wellhead in conformance with the following limits: • Methane concentration between 45 and 58 percent; and • Balance gas concentration less than 10 percent. Cefe Valenzuela and J. C. Elliott Landfills GCCS OM&M and December 2017 Related Services Proposal 12 City of Corpus Christi IREBECIMMIMM These latter LFG quality standards are overall benchmarks and are not considered absolute minimum or maximum allowable readings; however, they are consistent with NSPS requirements and provide desirable goals for LFG quality at each wellhead. Routine OM&M Services Routine GCCS-related services are those services for which the scopes can be reasonably defined at the present time and estimates of costs provided. Wellfield Monitoring and Maintenance Services SCS-FS will conduct monitoring and adjustment of the wellfield to ensure proper balancing of the LFG extraction wells. Routine GCCS OM&M services will be provided at each active LFG extraction well. During these services, SCS-FS will document the following operational data (as appropriate for monitoring equipment used) for each well: • Static pressure; • Differential pressure; • Lateral (available)vacuum; • LFG flow; • LFG composition (i.e., methane (CH4), carbon dioxide (CO2), oxygen (02), nitrogen (N2)); and • LFG temperature. The technician will also evaluate the condition of each wellhead and listen for leaks. Minor leaks identified during monitoring will be repaired at the time of discovery. Leaks that cannot be fully repaired (e.g., those requiring replacement parts) will be temporarily mitigated in the field (if possible). Permanent repairs will be performed as non-routine scheduled services (see Non- Routine Services section of this proposal). Monitoring will be performed with a Landtec GEM 5000 or equivalent. At a minimum, the GEM 5000 will be calibrated prior to use each day and as needed during the course of the day. Factory calibration will be performed in accordance with manufacturer's recommendations. Other Wellfield Monitoring and Maintenance Services Additional wellfield monitoring and maintenance services are indicated below: • Replacement of flex hoses and monitoring ports on wells (labor only; limited to ten wells per month); • Measurement of depth-to-liquid in wells (once for each well per year); • Monitoring of LFG quality and pressure at sample ports on collection piping (if applicable); • Observation and monitoring of wells equipped with pneumatic pumps to verify proper operation of pumps (if applicable); Cefe Valenzuela and J. C. Elliott Landfills GCCS OM&M and December 2017 Related Services Proposal 13 City of Corpus Christi • Observation and monitoring of condensate sumps and/or drip legs to verify their integrity and proper operation; and • Observation for general landfill cover integrity and surface water drainage conditions that might impact LFG collection system operations. As necessary, issues related to these items will be brought to the attention of landfill management prior to SCS-FS personnel leaving JCE and documented in the monthly report(see below). BFS Monitoring n Maintenance rvi s SCS-FS will perform routine blower/flare system (BFS) monitoring each month including the following services: • Collect BFS data(as available) including: - Instantaneous flow readings (from meter); - Total flow readings (from totalizer); - Overall system vacuum (i.e., knockout inlet); - Knockout outlet pressure and temperature; - Blower inlet and outlet pressures and temperatures; - Flame arrestor inlet and outlet pressures (if ports available); - Composite LFG quality (i.e., CH4, CO2, Oz, and balance gas concentrations); - Flare temperature (from thermocouple readout); - Blower run time hours (from meter); - Blower bearing temperatures (from panel readout); - Blower amperage reading (from panel readout); - Flow meter readings (for condensate tanks [if applicable]); and - Logger data(i.e., download logger). • Monitor and record operating status as applicable of various BFS components including: - Blower; - Motor; - Flare; - Flare control system; - Air compressor(if applicable); and - Propane tank (if applicable). SCS-FS personnel will identify any necessary manufacturer's specified preventative maintenance of BFS components including: • Blower; • Motor; • Flare control system; • Condensate knockout(s); and C e f e Valenzuela and J. C. Elliott Landfills GCCS OM&M and December 2017 Related Services Proposal 14 City of Corpus Christi • Flame arrestor. In the event that SCS-FS is required to perform these services, then they will be provided as non- routine scheduled services (see Non-Routine Services section of this proposal). Services that will be provided as needed in conjunction with routine monthly visits include: • Tightening of hoses, valves, etc.; • Replacement of broken sampling ports/cock valves (labor only); • Cleaning around the BFS; and • Greasing motor/blower bearings (if grease fittings available). Spare Parts Inventory SCS-FS will keep an inventory of spare parts and materials at a designated location on site for the GCCS (in accordance with the manufacturer's operations manuals for the blower, motor, and flare). If any of the spare parts or materials in the inventory are used for maintenance or repairs, SCS-FS will notify City personnel who will order the items or who may direct SCS-FS to do so. GCCS OM&M Recordkeeping and Reporting For monthly GCCS OM&M services, SCS-FS will prepare and submit a report by the end of the month following the month for which wellfield monitoring services were provided. This report will include the following information: • Monitoring data collected at individual LFG extraction wells; • Status of each well's compliance with the operating limits; • Well depth measurements (when such measurements are taken); • Summary of BFS operations; • Condensate sump operational status; • Summary of routine maintenance services performed; • Summary of non-routine maintenance services performed (if any); and • Recommendations for additional non-routine maintenance or repairs needed(if any). • Summary of logger data noting downtimes and data gaps. • Startup/shutdown/malfunction (SSM) forms for SSM events as identified from logger data. In advance of submitting the above-described report, SCS-FS will compile collected data on the SCSeTools server and provide access for designated personnel to this data. Field data will be uploaded to SCSeTools for access and review within two workdays following collection by SCS- FS. By placing data on the SCSeTools server, access will be available to personnel at all times via the Internet. Cefe Valenzuela and J. C. Elliott Landfills GCCS OM&M and December 2017 Related Services Proposal 15 City of Corpus Christi Flow Meter Calibration Calibration of the LFG flow meter in accordance with the manufacturer's recommendations is a requirement of greenhouse gas (GHG) regulations. To address this requirement, SCS-FS will remove the site's flow meter and replace it with a rental unit from the meter manufacturer. The site's meter will be shipped to the manufacturer for factory calibration. After calibration and return, SCS-FS will reinstall the meter and return the rental unit to the manufacturer. Documentation of the calibration will be provided to the City for their records. SCS-FS will arrange for meter calibration so as to ensure that a properly calibrated meter is installed at all times. To minimize costs, services will be performed in conjunction with other routine services at the site. Meter calibration costs below account for calibration of the meter (including meter rental, removal/installation costs, and all shipment costs) but not for any repairs determined to be needed by the meter manufacturer. Project Management and Administration For the above tasks, SCS-FS will provide an adequate level of management and administration to ensure that the project runs smoothly and efficiently. Management/administrative services include scheduling of field activities, oversight of field activities, reporting of field activities, invoicing for services, and client communications. Costs for these services are included under the respective tasks. JCE Non-Routine OM&M Services With the routine services that will be provided as described above, non-routine services should be minimized; however, some non-routine services may still be necessary at times. Examples of such services are provided below. Non-Routine Scheduled Services Non-routine scheduled services consist of corrective repairs or maintenance work identified by City personnel or by SCS-FS personnel during routine visits or supplemental GCCS monitoring services. Such services may include but are not limited to the following: • Remonitoring of LFG extraction wells; • Repair/replacement of broken valves; • Repair/replacement of damaged wellheads; • Raising of wells; • Repair of damaged header and/or leachate lines; • Troubleshooting of well and/or header problems; • Blower/flare maintenance activities; and • Troubleshooting of pump problems (in wells or sumps). Such services may be necessary for regulatory compliance or essential for satisfactory system operation; however, the work is of a non-emergency nature and can be scheduled to allow for procurement of materials and/or equipment and scheduling of personnel. Non-routine scheduled Cefe Valenzuela and J. C. Elliott Landfills GCCS OM&M and December 2017 Related Services Proposal 16 City of Corpus Christi maintenance will be performed on a time-and-materials or fixed fee basis and only with prior authorization from the City. Non-Routine Unscheduled Services Non-routine unscheduled (emergency) services include events that require immediate response for ongoing operation of the GCCS and/or to ensure protection of public health and the environment. Such services may include but are not limited to the following: • Investigation of elevated oxygen concentrations at the BFS; • Repair of main header line breaks (resulting in no or reduced LFG flow); • Troubleshooting/repair of BFS problems; and • Investigation of surging vacuum in header. Due to the urgent nature of these items, advance scheduling of work activities may not be feasible; however, SCS-FS personnel are prepared to respond to emergencies as needed, 24 hours per day, 7 days per week. Non-routine unscheduled services will be performed as required on a time-and-materials basis and only with prior authorization from the City. Cefe Valenzuela and J. C. Elliott Landfills GCCS OM&M and December 2017 Related Services Proposal 17 City of Corpus Christi IREBEIGIMOMM SCHEDULE3 FEE AND The table below shows the proposed fees for the tasks presented in this proposal. Tasks 1 through 9 will be billed on a lump sum, percent complete basis, while Tasks 10 through 12 will be billed on a lump sum, percent complete basis (Task 1013 and 1213), unit cost, per event basis (Tasks 10A, 11, and 12A), or time-and-materials basis (Tasks l OC and 12C). Proposed Fees by Task Task # Task Name Fee 1 Cefe Emissions Inventory Update Fee Reporting $4,000 2 Cefe Greenhouse Gas Reporting Services $5,000 3 Cefe Title V Reporting 2018 $2,500 4 Cefe NSPS SSM Reporting 2018 $5,000 5 Cefe NSPS Flare Source Testing $8,500 6 JCE ACI Title V Reporting 2018 $1,300 7 JCE Emissions Inventory Update/Fee Reporting $3,000 8 JCE Greenhouse Gas Reporting Services $5,000 9 Air Compliance On-Call Services $6,000 1 OA Cefe Routine GCCS OM&M Services $36,420 10B Cefe Flow Meter Calibration $3,500 1 OC Cefe Non-Routine GCCS OM&M Services $6,000 1 1 Cefe SEM Services $17,700 12A JCE Routine GCCS OM&M Services $45,420 12B JCE Flow Meter Calibration $3,500 12C JCE Non-Routine GCCS OM&M Services $6,000 Total $158,840 The following summarizes the schedule for each task: • Tasks 1, 2, 7, and 8 are due March 31, 2018 although the fee remittance forms discussed for Tasks 1 and 7 will be submitted by June 1, 2018; • Tasks 3 and 4 will be completed on the new NSPS schedule or reporting that will be set to be due May 1, 2018 and November 1, 2018. The Title V reporting period will be set to match these reporting timeframes also; • Task 5 will be completed by first scheduling the performance test and providing TCEQ a 30-day notification. All of this work will, however, be scheduled for submittal on or before May 10, 2018, when the source test and initial NSPS report is due; • Task 6 will be completed when each Title V period ends for submittal on or before February and August 24, 2018; • Task 9 will be completed on an as-needed basis based on conversations with the City and the timelines required by any task requiring on-call services; • Task l0A will be completed each month throughout 2018; • Task IOB will be completed during November/December 2018. • Task IOC will be completed throughout the year on an as-needed basis and billed accordingly (see below). Cefe Valenzuela and J. C. Elliott Landfills GCCS OM&M and December 2017 Related Services Proposal 18 City of Corpus Christi • Task 11 will be completed each calendar quarter throughout 2018. • Task 12A will be completed each month throughout 2018; • Task 12B will be completed during April/May 2018. • Task 12C will be completed throughout the year on an as-needed basis and billed accordingly (see below). Procedures for Non-Routine Services (Tasks 1O and 12C) Non-routine scheduled services and non-routine unscheduled (emergency) services will be compensated in accordance with the fee schedules (see appendices). Since determination of the frequency of occurrence or extent of repair work that might be required is not possible at this time, cost estimates for these services are not provided. When scheduled non-routine services are needed, SCS-FS will provide the City with time-and-materials/not-to-exceed or fixed fee estimates for specific corrective repairs or maintenance work. When unscheduled (emergency) services are needed, SCS-FS will be prepared to quickly respond to requests from the City for assistance and may not have sufficient time to provide cost estimates for services in advance. In both cases, work would proceed subsequent to authorization from the City. Cefe Valenzuela and J. C. Elliott Landfills GCCS OM&M and December 2017 Related Services Proposal 19 City of Corpus Christi ASSUMPTIONS AND CONDITIONS In preparing this proposal SCS-FS offers the following assumptions and conditions: 1. SCS-FS will be responsible for the OM&M of the GCCS at both Cefe and JCE. No expansions of the systems at each landfill have been accounted for in this proposal. 2. Routine monitoring and maintenance services will typically be provided by a one-man crew; however, additional support may be provided for some services (e.g., surface emissions monitoring). 3. Wellheads are in suitable condition for monitoring with a Landtec GEM 5000 or equivalent. 4. All materials for the spare parts inventory will be provided by the City or obtained by SCS-FS in accordance with the fee schedules provided in the appendices. 5. SCS-FS will be responsible for routine monthly operations and maintenance of the BFS system as described above. The BFS will be monitored in conjunction with site visits for monitoring of the wellfield. Additional separate mobilizations only for monitoring of the BFS have not been accounted for in the cost estimate. 6. The City will provide SCS-FS with plans, reports, and manuals that might facilitate completion of the required scope of services for items SCS does not already have. If available, any drawings (e.g., well layout plan)will be provided as AutoCAD files. 7. All reports will be provided in standardized formats currently utilized by SCS-FS; however, minor changes to the reports as specified by the City will be made. 8. City personnel will assist with completion of SSM forms by identifying the causes for SSM events and any deviations from standard operating procedures. 9. No regularly scheduled meetings between the City and SCS-FS have been accounted for in the scope of services; however, it is anticipated that the SCS-FS technician may meet with City personnel when performing routine and non-routine services at the Sites. 10. SCS-FS takes no responsibility for the overall quality of the LFG collected from the GCCS in regards to trace components. 11. SCS-FS takes no legal responsibility for any of the potential hazards associated with condensate from the GCCS and/or its disposal_ If removal and off-site disposal of condensate is required, then it will be managed directly by others. SCS-FS may assist with coordination and management of condensate and leachate removal operations if requested. Cefe Valenzuela and J. C. Elliott Landfills GCCS OM&M and December 2017 Related Services Proposal 20 City of Corpus Christi 12. This proposal is valid for 60 days from the date of this submittal. This proposal is confidential and for the City's use only. If awarded the work, this proposal will become part of a mutually acceptable contract or purchase order. Cefe Valenzuela and J. C. Elliott Landfills GCCS OM&M and December 2017 Related Services Proposal 21 Sample form for: COMPLETE PROJECT NAME Payment Request AE Contract Project No.XXXX Revised 02/01/17 Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Basic Services: Contract Amd No. 1 Amd No.2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O&M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBD TBD TBD TBD TBD TBD1 TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.001 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.001 $1,250.001 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.00 $1,627.001 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Total of Fees 1$8,000.00 $2,120.001 $2,877.001 $12,997.00 $1,500.00 $1,500.00 $3,000.00 r $9,997.00 23.1% Notes: If needed, update this sample form based on the contract requirements. EXHIBIT B If applicable, refer to the contract for information on what to include with time and materials(T&M). Page 1 of 1 EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: ($/hr) 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 Onsite Outdoor Services 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have 1 Rev 07/16 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 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: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 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; 1.6.4 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. 2 Rev 07/16 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. 3 Rev 07/16 City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST s Christi Ordinance 17112 as amended, requires all persons or firms seeking to do =Corpus 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: SCS Engineers P.0.BOX: N/A STREET ADDRESS: 1901 Central Drive,Suite 550 CITY: Bedford ZIP: 76021-5872 FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner El 4. Association K S. Other LJ DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this pa e or attach separate sheet. 1. State the names of each 'employee" of the City of Corpus C risti having an "ownership interest"constituting 3%or more of the ownership in the above named"firm.' Name Job Title and City Department(if known) 2. State the names of each "official"of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or Committee 4. State the names of each employee of Corpus Christi or officer of a "consultant" for the City who worked on any matter related to the subject of this contract and has an 'ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: e�(� Title: (Type or i'ri t) Signature of Certifying Date: Person: 1 -.-._-.. j I DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Ficin." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. CERTIFICATE INTERESTED ATi FORM 1.295 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. 2017-295929 SCS Engineers Bedford, 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 12/20/2017 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. E17115 Solid Waste Air Compliance and Gas System Monitoring 2018 Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 AFFIDAVIT I swear,or affirm, under penalty of perjury,that the above disclosure is true and correct. icizys'rAL KUNTz --- p Notary Public sTATr.0r TEXAS My C�,mm.Exp.July t3,20t9 Signature of authorized age of contracting business entity A FIX ANOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said -f 1 this the p day J �/ ' 20_ ,to certify which,witness my hand and seal of office. �� Sigi ature of officer a ministerkg ath Prin d name of officer administering oath Title of officer administering oath t Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 SC o� � AGENDA MEMORANDUM NORPORP�E� Future Item for the City Council Meeting of January 9, 2018 1852 Action Item for the City Council Meeting of January 16, 2018 DATE: January 3, 2018 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 Professional Services Contract Greenwood Wastewater Treatment Plant Electrical Improvements to Ultraviolet System (Capital Improvement Program) CAPTION: Motion authorizing the City Manager, or designee, to execute a professional services contract with Lockwood, Andrews, and Newnam, Inc. (LAN) of Corpus Christi, Texas in the amount of $537,441 for Greenwood Wastewater Treatment Plant (WWTP) Electrical Improvements to Ultraviolet (UV) System for design, bid, and construction phase services. (Capital Improvement Program - CIP) PURPOSE: The purpose of this agenda item is to obtain authority to execute a professional services contract to provide needed upgrades to the Greenwood WWTP that are critical to continue meeting the disinfection requirements of the Texas Commission on Environmental Quality (TCEQ) permit limits for Enterococci Bacteria. BACKGROUND AND FINDINGS: This is an approved CIP project to provide major upgrades to the UV system and associated electrical infrastructure. CIP Description: Greenwood WWTP Electrical Improvements to UV System This project provides electrical infrastructure improvements to ensure power to the ultraviolet disinfection system. Improvements will include two new transformers, control panel and associated conduit and wiring. Transformers and controls will be set at an elevation above the Federal Emergency Management Agency (FEMA) 100-year storm event flood elevation. Work includes the design and construction of proposed electrical infrastructure to ensure power remains available for continued disinfection capability as required by the TCEQ so Enterococcus Bacterial permit levels can be maintained during severe weather events. Project Background: The current disinfection system is over 30 years old and is inadequate to address current Enterococci bacteria permit requirements. The proposed services include engineering and design phase services with subsequent bid and construction phase services. The proposed project replaces existing electrical service to the UV system and provides upgrades for the UV system equipment, controls and structure. Proposed improvements include a new cloth filtration system, new disinfection chamber, UV disinfection system, and associated electrical improvements. Design will also consider relocating systems and components to mitigate failures experienced with frequent flooding at the plant during major storm events. ALTERNATIVES: 1. Authorize execution of the professional services contract. (Recommended) 2. Do not authorize execution of the professional services contract. (Not Recommended) OTHER CONSIDERATIONS: LAN was selected as design engineer for this project under Request for Qualifications No. 2014- 08. 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 Project to 2017-2018 Date Current Year Future Years TOTALS Expenditures Line Item Budget 69,100 3,710,900 3,600,000 7,380,000 Encumbered / Expended Amount 69,100 69,100 This Item 537,441 537,441 Future Anticipated Expenditures 172,300 172,300 344,600 BALANCE 0 3,001,159 3,427,700 6,428,859 Fund: Wastewater CIP No. 10 Comments: Balance required for construction cost. RECOMMENDATION: City Staff recommends approval of a professional services contract with LAN of Corpus Christi, Texas in the amount of$537,441 for Greenwood WWTP Electrical Improvements to UV System for design, bid, and construction phase services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Contract Form 1295 (in contract) PROJECT BUDGET ESTIMATE GREENWOOD WASTEWATER TREATMENT PLANT ELECTRICAL IMPROVEMENTS TO ULTRAVIOLET SYSTEM FUNDS AVAILABLE: WastewaterCIP.............................................................................................................. $ 7,380,000 TOTAL FUNDS AVAILABLE............................................................................................. $ 7,380,000 FUNDS REQUIRED: Construction and Contingency Estimate:.............................................................................. TBD Construction Estimate..................................................................................... TBD Contingency10%........................................................................................... TBD Construction Inspection and Testinci Estimate:...................................................................... TBD Construction Inspection Estimate (3%)............................................................... TBD *Testing Estimate (2%).................................................................................... TBD Design:.......................................................................................................................... 580,641 Preliminary Design (LAN, Inc.)................................................................. 43,200 Engineering Design (LAN, Inc.) THIS ITEM.............................................. 537,441 Reimbursements:............................................................................................................ 370,500 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance)............... 147,600 Engineering Services (Project Mgmt/Constr Mgmt)............................................... 221,400 Misc............................................................................................................ 1,500 TOTAL.......................................................................................................................... $ 951,141 **ESTIMATED PROJECT BUDGET BALANCE..................................................................... $ 6,428,859 *Testing services will be executed as a Task Order under future Master Service Agreement ** Required for construction ortland NUECES BAY N SCALE: N.T.S. �oF 'OG �O �C oRR��R SHIP CRMN CORPUS CHRISTI CeppgRo CORPUS CHRISTI BAY LEOPARD O a z 44 6 CHRISTI p 286 TIONAL 358 Q NORGPNOO 9� oc PROJECT LOCATION z o Q. 9y h n 02-0 QQi Q G 2 c�O� �yqR O�Oh Sp/O OC�� TEXAS A&M UNIVERSITY O� y0 CORPUS CHRISTI OhA �Q 358 ZZ Q� �S�qp°Gga��O MCgRo� o CABANISSZ OSO BAY CORPUS CHRISTI C? FIELD Q NAVAL AIR STATION O 69 !`�v 43 O °a FLOUR BLUFF 358 286 S W ° z J F O Q Q� �0 QO= O 2444 °wro LAGUNA MADRE LOCATION MAP NOT TO SCALE Project Number: E10180 Greenwood Plant Electricaltlm„arovements to CITY COUNCIL EXHIBIT r CITY OF CORPUS CHRISTI,TEXAS Ultraviolet System DEPARTMENT OF ENGINEERING SERVICES Engineering Greenwood Wastewater Treatment Plant Electrical Improvements to Ultraviolet System Council Presentation January 9, 2018 Project Location �:�o°���;�P��•sty Engineering CORPUS CHRISTI BAY IE-D N SCALE:N.T.S. 44 0 �0w 250 eA D 35B Da GREENWOOD WASTEWATER TREATMENT p` PLANT ELECTRICAL IMPROVEMENTS TO ULTRAVIOLET SYSTEM TEAS A— CORPUIJY 51tt � N04r CORS CHRISTI C 358 Z r Rar��m� rMc�RO�e � eieLo SS �, p2 OSO BAY Q co QQ O NA Ci4 ��9 a° FLOU po 358 2- J ppb _ ry0 0 2 i Project Vicinity / C+aopus CII st Erugime:ering I 4X N oa Y SCALE:N.T.S. I ��C aP,L9l tir r Treatment Plant a �'� � �' - y :u , Project Scope r Caopus CIIP"st Erugime:ering This project provides electrical infrastructure improvements that provide power to the UV disinfection system as well as design of new cloth filters, a new UV disinfection chamber, and new UV disinfection unit required to meet TCEQ permit limits. , The anticipated electrical improvements A;, include design of two new transformers, control panel, and associated conduit and wiring. Transformers and controls will be set at an elevation above FEMA 100-year storm event flood elevation. �d i a Project Schedule r Caopus CII st irlgpin eering 2018 2019 J F M A M J J A S O N D J F M A M J J A S J Bid & Award Project Estimate: 730 Calendar Days = 24 Months Projected Schedule reflects City Council award in December 2017 with anticipated completion by January 2020. CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT E10180 GREENWOOD WASTEWATER TREATMENT PLANT ELECTRICAL IMPROVEMENTS TO ULTRAVIOLET SYSTEM The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Lockwood, Andrews & Newnam, Inc., a Texas corporation, with offices at 500 North Shoreline Boulevard, Suite 905, 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 ...................................................9 EXHIBITS Page 1 Rev. 17-9 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 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. 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- 1. 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 V party owners/operators. Page 2 Rev. 17-9 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 $537,441. 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. Page 3 Rev. 17-9 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). _years begiRRORg OR the Effe_ approved GhaRges. Page 4 Rev. 17-9 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 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 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 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 111. 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 Page 8 Rev. 17-9 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 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 contractor tort or otherwise,to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Page 9 Rev. 17-9 ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture,then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any 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://www.ethics.state.tx.us/whatsnew/elf—info—forml295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.htm1. Page 10 Rev. 17-9 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 Lai. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 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 LOCKWOOD, ANDREWS & NEWNAM, INC. Jeff H. Edmonds, P.E. Date Steven A. Gilbreath, P.E. Date Director of Engineering Services Associate 500 N. Shoreline Boulevard, Suite 905 Corpus Christi, TX 78401 (361) 882-2257 Office APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST City Secretary Date Project Name Greenwood WWTP Elec Improvements to UV System Project Number E10180 Accounting Unit 4254-064 Account 550950 Activity E10180-01-4254-EXP Account Category 50950 Fund Name Wastewater 2015 Amount$537,441 Pagel 1 Rev. 17-9 Lockwood,Andrews &Newnarn, Inc. an� A LEO n raM Y COMPANY November 11, 2017 Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi PO BOX 9277 Corpus Christi,Texas 78469-9277 Re: Proposal for Greenwood WWTP Electrical Improvements to UV System Dear Mr. Edmonds, The purpose of this proposal is to provide you a scope of services and fee estimate for improvements to the Greenwood WWTP UV Disinfection system. This project provides electrical infrastructure improvements to ensure power to the UV disinfection system. Improvements will include two new transformers, control panel and associated conduit and wiring.Transformers and controls will be set at an election above the FEMA 100- year storm event flood elevation. Work includes the design and construction of proposed electrical infrastructure to ensure power remains available for continued disinfection capability as required by the Texas Commission on Environmental Quality(TCEQ)so Enterococcus Bacterial permit levels can be maintained during severe weather events. Additionally, based on LAN's findings and recommendations in our February 2016 Engineering Letter Report (ELR),the design will include adding a new cloth filtration system,a new disinfection chamber,and the Ozonia Aquaray 3X UV disinfection system. Attachment A details the scope of services required for this proposal. We propose to complete these services on a lump sum basis for total contract amount not-to-exceed $537,441.00. Please feel free to contact me at 361-792-7225 or by email at smharris@Ian-inc.com if you have any additional questions. Sincerely, ' Scott Harris, PE Team Leader Attachments: A—Scope of Services and Fee Estimate Cc: Melanie Gavlik, P.E., Project Manager Exhibit A Page 1 of 11 500 N.Shoreline Blvd.Ste.500 • Corpus Christi,Texas 78401 • 361.882.2257 • vwwv.lan-inc.com Attachment A Scope of Services & Fee Estimate Greenwood WWTP Electrical Improvements to UV System Situation: According to the 2017-18 City of Corpus Christi's Capital Improvement Plan, this project will "provide electrical infrastructure improvements to the UV disinfection system at the Greenwood Wastewater Treatment Plant (WWTP). Equipment will be set at an elevation above the FEMA 100-year storm event flood elevation to ensure continued disinfection capability required by the Texas Commission on Environmental Quality(TCEQ) Enterococcus Bacterial permit levels". In addition to the electrical improvements the current Enterococci compliance issues will be addressed. The disinfection system at the Greenwood WWTP utilizes ultraviolet light, a proven technology for disinfection; however the original system was designed to only provide a theoretical dose of 30 mJ/cm2. This dosage is only effective for the plant's secondary effluent, with the original indicator organism of Fecal Coliform, not Enterococcus Bacterial. The UV system at Greenwood WWTP is over 30 years old. The plant reported that the geometric mean of Enterococci samples have always been below the permit limit. However, single grab sample maximum values have exceeded the permit limit numerous times. The most plausible explanation for this is a phenomenon known as "hide-out". This is a situation where by the Enterococci bacteria to be irradiated reside in the recesses of particles traveling through the UV system. Research has shown that when filtration is undertaken prior to UV disinfection, more complete inactivation occurs, down to the limit of approximately 10 microns. As part of our February 2016 Engineering Letter Report (ELR), two different types of equipment from Ozonia and one system from Enaqua were researched. All three systems would increase the applied dosage to overcome the known dosing difference between fecal coliform (specifically E. Coli) and Enterococci. • Option 1—Ozonia Aquaray 3X • Option 2—Ozonia Aquaray 40 HO • Option 3—Enaqua System Based on the requirements to eliminate the exceeding enterococci bacteria in the single grab samples AND eliminate the issues regarding the equipment being located within flood-prone areas the design will include adding a new cloth filtration system, a new disinfection chamber, and the Ozonia Aquaray 3X system. These recommendations would impact the hydraulics of the plant but with some minor yard piping modifications, reduction of those hydraulic impacts could be accomplished. Exhibit A Page 2 of 11 BASIC SERVICES - Scope of Work: Improvements to the Greenwood Disinfection system will consist of anew concrete disinfection chamber, electrical and UV equipment improvements, a new cloth filtration system, and modifications to yard piping. LAN proposes the following BASIC SERVICES tasks: • Task 1— Preliminary Engineering/ Design Criteria • Task 2—60% Design Services • Task 3—90% Design Services • Task 4— 100% Design Services • Task 5— Bid Phase Services • Task 6—Construction Phase Services Task 1— Preliminary Engineering/ Basis of Design Participate in Project Kick-off Meeting; and prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Develop preliminary requirements for yard piping and other relocations replacements or upgrades necessary for construction of new disinfection chamber. Coordinate with the City's Project Manager, Utility Department, and Greenwood WWTP Operations and Maintenance staff to identify needs and key coordination events. Identify and analyze requirements of governmental authorities(TCEQ, etc.) having jurisdiction to approve design of the Project including permitting, environmental, and construction and assist the City's Project Manager with coordination efforts with those agencies. Provide coordination services concerning the geotechnical requirements for the project. It is assumed the City will select and contract with the geotechnical engineer. LAN will provide the following during this coordination. • Boring plan showing locations of recommended borings. • Provide recommendations (in an electronic mail format) for the field exploration, laboratory testing and geotechnical analysis for input into the City prepared scope of work document. Perform Hydraulic Calculations — LAN will complete hydraulic calculations to establish the proposed hydraulic profile of the plant from the secondary clarifiers to the plant discharge. Calculations will be performed using a combination of industry standard software, hand written calculations, and MS Excel spreadsheets. Complete Preliminary Engineering Design — LAN will complete 30% engineering design of the proposed improvements to include the filtration structure, UV system chamber, overhead canopy, yard piping and Exhibit A Page 3 of 11 structures, equipment, and electrical systems (MCC, Back-up Generator, etc.). This task does not include translation into applicable construction drawings using CADD but does include the use of software or calculations that will be documented via hand-written notes,drawings, sketches,etc. Disciplines involved in detailed engineering design include: Mechanical, Structural, and Electrical. Complete Basis of Design & Equipment Selection -LAN will complete a Basis of Design Memorandum that includes the results of the design and hydraulic calculations and assists with selection of filtration, ultraviolet disinfection, and electrical equipment. LAN will contact appropriate equipment vendors, receive specifications and costs for the equipment, and document the equipment that will be included, as part of the final design. Quality Control / Fatal Flaw Review — Per LAN Quality Assurance / Quality Control Standards we will include a detailed internal fatal flaw analysis at the conclusion of this task. This review will be led by our Chief Technical Officer. Deliverables for this task include the basis of design memorandum in report format and 30% level drawings attached to the report in the appendix. At the conclusion of the task, it is assumed the City will review the LAN submittal and provide comments and those comments will be incorporated into the 60% design. LAN will attend one project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report. Any significant modifications or additions to the work should be addressed at this time. LAN will assimilate City review comments of the Draft Basis of Design Memorandum and provide one (1) set of the Final Memorandum (electronic and hard copies using City Standards as applicable) suitable for reproduction. Task 2—60% Design Services LAN will prepare Applicable Construction Drawings under this task. LAN will translate the design once completed in the preliminary phase to CADD and prepare applicable construction drawings. A preliminary list of drawings includes: GENERAL 1 Title Sheet 2 Sheetlndex 3 General Notes 4 Testing Schedule/Estimate of Quantities 5 Project Control Layout Exhibit A Page 4 of 11 6 Process Flow Diagram 7 Illustrative Hydraulic Profile SITE/CIVIL 8 Overall Site Plan 9 Yard Piping Plan 10 Civil/Site Improvements Plan 11 Electrical Site Improvements Plan 12 Miscellaneous Civil/Site Details MECHANICAL/PROCESS 13 Effluent Filtration System—Site Plan 14 Effluent Filtration System—Sections& Details 15 Effluent Filtration System—Piping Plan 16 UV Disinfection—Site Plan 17 UV Disinfection—Sections& Details 18 UV Disinfection—Sections& Details(2) STRUCTURAL 19 Structural General Notes 20 Structural General Notes(2) 21 Filter Basin Plan 22 Filter Basin Sections& Details 23 UV Disinfection Basin Plan 24 UV Disinfection Basin Sections& Details 25 Equipment Pad Foundation Plan& Details 26 Handrail Details Exhibit A Page 5 of 11 27 Miscellaneous Structural Details ELECTRICAL 28 Electrical Legends 29 Electrical Site Plan Demolition 30 Existing UV Disinfection System Demolition 31 Electrical Site Plan (Proposed) 32 Filtration Unit Electrical Plan 33 UV Disinfection System Electrical Plan 34 Back-up Generator Plan 35 Electrical Schematics 36 One-Line Diagram 37 SCADA 38 Electrical Details 39 Electrical Details(2) LAN will prepare a list of applicable Technical Specifications—During 60%design LAN will prepare a list of technical specifications (Part T) for those sections required for the project that are NOT included in the standard specifications from the City of Corpus Christi including but not limited to mechanical, structural, and electrical equipment sections. Conduct Internal Quality Control (QC) Review — LAN will complete quality control checks in accordance with our internal quality control plan which includes: plans, specifications, calculations, and all written and/or electronic deliverables. Deliverables for this task include the following items: • 60%OPCC • Technical Specifications—Table of Contents • Bid Form • 60% Drawings • Project Executive Summary • 30% Review Comment Responses • Design Submittal Checklist Exhibit A Page 6 of 11 At the conclusion of the task, it is assumed the City will review the LAN submittal and provide comments and those comments will be incorporated into the 90% design. LAN will attend one project review meeting with City staff to review and receive City comments on the 60% Design. Any significant modifications or additions to the work should be addressed at this time. Task 3—90% Design Services In this task, LAN will finalize the design documents to the 90% level. At the conclusion of the task, it is assumed the City will review the LAN submittal and provide comments and those comments will be incorporated into the 100%design. Prepare Applicable Contract Documents — LAN will review City of Corpus Christi standard contract documents, general requirements, and standard specifications (Part S) and complete those sections that require project specific input. Prepare and Submit TCEQ Letter— LAN will prepare and submit a "Project Summary Letter"to the Texas Commission on Environmental Quality(TCEQ) in support of this project. Conduct Internal Quality Control (QC) Review — LAN will complete quality control checks in accordance with our internal quality control plan which includes: plans, specifications, calculations, and all written and/or electronic deliverables. It is assumed the City will review the LAN submittal and provide comments and those comments will be incorporated into the Issued for Bid Set (IFB). LAN will attend one project review meeting with City staff to review and receive City comments on the 100% Design. Any significant modifications or additions to the work should be addressed at this time. Deliverables for this task include the following items: • 90%OPCC • 90%Technical Specifications • Complete Set of Contract Documents including DRAFT Bid Form • 90% Drawings • Project Executive Summary • 60% Review Comment Responses • Design Submittal Checklist • Issued for Bid Set of Plans and Contract Documents Task 4— 100% Design Services In this task, LAN will finalize the design documents to the 100% level and issue the final documents ready for bid. Exhibit A Page 7 of 11 Prepare Applicable Contract Documents — LAN will review City of Corpus Christi standard contract documents, general requirements, and standard specifications (Part S) and complete those sections that require project specific input. Conduct Internal Quality Control (QC) Review — LAN will complete quality control checks in accordance with our internal quality control plan which includes: plans, specifications, calculations, and all written and/or electronic deliverables. LAN will attend one project review meeting with City staff to review and receive City comments on the 100% Design. Any significant modifications or additions to the work should be addressed at this time. Deliverables for this task include the following items: • 100%OPCC • 100%Technical Specifications • 100% Drawings • Complete Set of Contract Documents including FINAL Bid Form • Project Executive Summary • 90% Review Comment Responses • Design Submittal Checklist • Issued for Bid Set of Plans and Contract Documents Task 5— Bid Phase Services In this task, LAN will provide bid phase services, including participating in one pre-bid meeting, assisting the City with the solicitation of bids and bid opening, respond to questions and inquiries during the bidding process and prepare contract addenda, evaluation of bids, prepare bid tabulation and provide recommendation for selected bidder. This proposal assumes the project will be bid one time for this task. Deliverables for this task include the following items: • Pre-Bid Meeting Agenda • Bid Tabulation • Contract Addenda as required Task 6—Construction Phase Services In this task, LAN will provide construction phase services per the City Standard A/E Contract, including participating in one pre-construction meeting, assisting the City with the change orders and Requests for Information (RFI), reviewing submittals, and limited construction observation services. Additionally, LAN will prepare and submit to TCEQ a "Completion Notification" letter. For this proposal, LAN assumes two site visits per month (4 hours/each)for the duration of the project (24 months). Exhibit A Page 8 of 11 Opinions of Probable Construction Costs LAN will perform conceptual cost estimating to determine opinion of probable construction costs during the 60%, 90%, 100%tasks. Opinions of probable project cost will be made on the basis of LAN's experience and qualifications and represent ourjudgment as an experienced and qualified professional generally familiar with the industry. However, since we have no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, LAN cannot and does not guarantee that proposals, bids, or actual project cost will not vary from opinions of probable costs submitted. If the Owner wishes greater assurance as to probable costs consideration should be given to retaining an independent cost estimator. Documents/Services to be provided by the City The City shall provide LAN available studies, surveys, and reports concurrently when issuing the Notice to Proceed for this Contract.The documents to be provided to LAN include but not limited to: • Project budget specifying the funds available for the construction of breakwater improvements related to this contract • Existing Reports/plans of the Greenwood WWTP and recent projects completed at the plant. • Existing LiDAR,conventional topographic survey data in the project area, City control benchmarks and coordinates 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. LAN will not begin work on these services 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. LAN proposes the following ADDITIONAL SERVICES tasks: • Permit Preparation • Warranty Phase Services Permit Preparation LAN will furnish the City all engineering data and documentation necessary for all required permits. LAN will prepare this documentation for all required signatures. LAN will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities including the Texas Commission on Environmental Quality(TCEQ). Exhibit A Page 9 of 11 Warranty Phase Services LAN will provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair,fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Summary of Fees The following table summarizes the fees associated with each task: Task Proposed Fee BASIC SERVICES Task 1—Preliminary Engineering $212,077 Task 2—60% Design Services $105,276 Task 3—90% Design Services $63,107 Task 4—100% Design Services $38,755 Task 5—Bid Phase Services $18,356 Task 6—Construction Phase $74,870 Total BASIC SERVICES $512,441 ADDITIONAL SERVICES Permit Preparation $15,000 Warranty Phase Services $10,000 Total ADDITIONAL SERVICES $25,000 TOTAL $537,441 Exhibit A Page 10 of 11 Project Schedule Item No Task Description Task Duration Cumulative Project Schedule 1 NTP 0 Weeks 0 Weeks 2 Basis of Design Memorandum Draft 12 Weeks 12 Weeks 3 City of Corpus Christi Review Period 3 Weeks 15 Weeks 4 Final Design Memorandum 2 Weeks 17 Weeks 5 60% Submittal 10 Weeks 27 Weeks 6 City of Corpus Christi Review Period 3 Weeks 30 Weeks 7 90% Submittal 4 Weeks 34 Weeks 8 City of Corpus Christi Review Period 3 Weeks 37 Weeks 8 100%Submittal 3 Weeks 40 Weeks 9 City of Corpus Christi Review Period 3 Weeks 43 Weeks 10 Bid Documents (IFB) Submittal 2 Weeks 45 Weeks 11 Bid Phase Services 4 Weeks 49 Weeks Exhibit A Page 11 of 11 Sample form for: COMPLETE PROJECT NAME Payment Request AE Contract Project No.XXXX Revised 02/01/17 Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Basic Services: Contract Amd No. 1 Amd No.2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O&M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBD TBD TBD TBD TBD TBD1 TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.001 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.001 $1,250.001 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.00 $1,627.001 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Total of Fees 1$8,000.00 $2,120.001 $2,877.001 $12,997.00 $1,500.00 $1,500.00 $3,000.00 r $9,997.00 23.1% Notes: If needed, update this sample form based on the contract requirements. EXHIBIT"B" If applicable, refer to the contract for information on what to include with time and materials(T&M). Page 1 of 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 TX REGISTRATION #: $/hr ........................................... Pro'ect Consultant: ������ CAD Tec.„._ w� ...W......_.._...................____.nician: Clerical: ... Other—s Deci : SUBCONSULTANT.........._..S ... ................................ .....,, ___...................._____ ....._.w_............................ ... ,.............___....................... firm ............................... Principal ProjectCons ultant: CAD Technician: Clerical Other specify: � �� .............................. .........................fn---r. ___ 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, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 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 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: City of Corpus Christi Contract for Professional Services Exhibit C 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 CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City 01, Ci ofuCprpus Christi Ordinance 17112,as amended, requires all persons orf rms seeking nst, to o Ch b s iness with the City to provide the followin info atifi on. Every question must be ,�answered. If the guestion is not aglicable, answer w NA". See reverse side for Filing it Requirements,Certifications and de mitions. COMPANY NAME: Lockwood,Andrews& Newnarn,Inc. ............... STREET ADDRESS: 500 N.Shoreline Blvd., its 500 CITY: Corpus Christi ZIP: 78401 FIRM IS; I. Corporation 2. Partnership 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side oft is pa e or attach separate sheet. 1. tete names of each 'employee" of the City of Corpus C%risti havin� an "ownership interest"constituting 3%or more oft a ownership in the above named"fi Name Job Title and City Department(if known) ............ ------------ .......... .......................... .......... ........... -------- ........ 2. State the names of each "official"of the City of Corpus Christi having an"ownership interest" constituting 31/1'0 or more of the ownership in the above named"firm.99 Name Title ............... ................. .................................... ..... ........... ..........--........... -—--—-----------. 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"fin-n." Name Board, Commission or Committee --......................................... ........... ----—---------------- ............... .............. 4. State the names of each employee orofficer of a "consultant" forte City of CoTus Christi who worked on a matter related to the suNect of this contract and has an 'ownership interest"constituting 3%or more oft a ownership in the above named"firm." Name Consultant .......... ............... ............... ........... . ............. --- ............................ RUNG REQUIREMENTS l fa person, tvho requests official action on a rnatter knows that the requested actiorr will confer an economic benefit on any City official aar employee that is distinguishable from the elfbet thatthe action will have on niernbers ofthe public in gcnerMfl or a substantial segment thereof",you ashall. disclose that fact in a signed writing to the City official, emploee or body that has been requested to act in the matter, unless the interest of dhe City ofKcial or employee in the raaatter is� as parent l"lie drsclosa.rre shall also be made in as signed writhe bled with [lac Citya.a:retary. [P-thic:s Ordinance Section 349(d)] CERTIFICATION I certify that all information provided is true and ca rivet as of the date of this statement; that I have riot knowingly witltheld disclosure of any information regaaested; and [flat supplcnaeattal statements will be promptly subriiitted to the City of "orpaas Christi,17exas as changes occur. Certifying Person: Steven A. Gilbreath,P.E. Title: ...(Type or Print) ............... .....mW......... �......................... Signature of Certifying Date: 1-7 Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c, "Employee." Any person employed by the City of Corpus Christi,Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a farm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-284834 Lockwood,Andrews&Newnam, Inc. Houston,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 11/16/2017 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. E10180 Engineering Services Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Daly, III, Leo Washington, DC United States X Petersen, Dennis Houston,TX United States X Brader,James Omaha, NE United States X Curry,W. Derrell Houston,TX United States X Boyd, J. Anthony Houston,TX United States X Swafford, C.Wayne Houston, TX United States X Vajdani, Sim a Los Angeles, CA 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. E�,',=2 DIE CHEVEZblic,State of Texasxpires 06 26-2021Si nat c of authorized a ent ID 1269439689 g of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE f Sworn to and subscribed before me,by the said _ �,this the day of 20_ITITIT ,to certify which,witness my hand and seal of office„ RI Si, atwe of officer administering oath Printed name of officer administering oath Title of officer lacirninistering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1—Definitions and Terminology .......................................................................................................2 Article2—Preliminary Matters.....................................................................................................................8 Article 3—Contract Documents: Intent, Requirements, Reuse...................................................................8 Article 4—Commencement and Progress of the Work................................................................................9 Article 5—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions.....................................................................................................................................................9 Article 6—Bonds and Insurance .................................................................................................................11 Article 7—Contractor's Responsibilities.....................................................................................................11 Article 8—Other Work at the Site...............................................................................................................11 Article 9—Owner's and OPT's Responsibilities...........................................................................................11 Article 10—OAR's and Designer's Status During Construction ..................................................................12 Article 11—Amending the Contract Documents; Changes in the Work....................................................14 Article12—Claims.......................................................................................................................................14 Article 13—Cost of the Work; Allowances; Unit Price Work......................................................................14 Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................14 Article 15—Payments to Contractor; Set-Offs; Completion; Correction Period........................................14 Article 16—Suspension of Work and Termination.....................................................................................14 Article 17— Final Resolution of Disputes....................................................................................................14 Article18—Miscellaneous..........................................................................................................................14 Excerpt from Form 00 72 00 General Conditions- 1 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. A term with initial capital letters, including the term's singular and plural forms, has the meaning indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined,terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement -The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment-The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid -The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents -The Bidding Requirements,the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements -The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds- Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. Excerpt from Form 00 72 00 General Conditions-2 13. Change Proposal -A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim -A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern -Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products,wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act,42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract-The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents-Those items designated as Contract Documents in the Agreement. 20. Contract Price-The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. Excerpt from Form 00 72 00 General Conditions-3 21. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor-The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team -Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work-The sum of costs incurred for the proper performance of the Work as allowed by Article 13. 25. Defective-When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or C. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 15.03 or 15.04. 26. Designer-The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers or Registered Architects qualified to practice their profession in the State of Texas. 27. Drawings -The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract -The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition -The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. Excerpt from Form 00 72 00 General Conditions-4 31. Indemnified Costs-All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. 32. Laws and Regulations; Laws or Regulations-Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens -Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification -Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; C. Field Order; or d. Work Change Directive. 36. Notice of Award -The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed -A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner-The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer(the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR-The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees- Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Proiect Team or OPT-The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use- Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. Excerpt from Form 00 72 00 General Conditions-5 43. Progress Schedule -A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 44. Project-The total undertaking to be accomplished for Owner under the Contract Documents. 45. Resident Project Representative or RPR -The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents-A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values -A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder-The Bidder to which Owner intends to award the Contract. 50. Shop Drawings-All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site- Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications-The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor-An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion -The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions-The part of the Contract that amends or supplements the General Conditions. 56. Supplier-A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data -Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; Excerpt from Form 00 72 00 General Conditions-6 b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or C. Hazardous Environmental Conditions at the Site. 58. Underground Facilities-All underground pipelines, conduits, ducts, cables,wires, manholes, vaults,tanks,tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, steam, liquid petroleum products,telephone or other communications,fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work-Work to be paid for on the basis of unit prices. 60. Work-The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive -A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense," or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms "day" or"calendar day' mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. Excerpt from Form 00 72 00 General Conditions-7 E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2—PRELIMINARY MATTERS ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional Excerpt from Form 00 72 00 General Conditions-8 details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual/administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5—AVAILABILITY OF LANDS;SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before Excerpt from Form 00 72 00 General Conditions-9 further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or 4. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 2. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 3. Locating Underground Facilities shown or indicated in the Contract Documents; 4. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and Excerpt from Form 00 72 00 General Conditions- 10 5. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents, or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. C. The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6—BONDS AND INSURANCE ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES ARTICLE 8—OTHER WORK AT THE SITE ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D and 15.06.D. Excerpt from Form 00 72 00 General Conditions- 11 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections,Tests, and Approvals A. OPT's responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 14.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of Excerpt from Form 00 72 00 General Conditions- 12 the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 14. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 14. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Articles 11. D. OAR's authority related to Applications for Payment is described in Articles 13 and 15. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual/administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 14.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual/ administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. Excerpt from Form 00 72 00 General Conditions- 13 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12—CLAIMS ARTICLE 13—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK ARTICLE 14—TESTS AND INSPECTIONS;CORRECTION, REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 15—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 16—SUSPENSION OF WORK AND TERMINATION ARTICLE 17—FINAL RESOLUTION OF DISPUTES ARTICLE 18—MISCELLANEOUS END OF SECTION Excerpt from Form 00 72 00 General Conditions- 14 se o� � v AGENDA MEMORANDUM NORPgRpEO Future Item for the City Council Meeting of January 9, 2018 1852 Action Item for the City Council Meeting January 16, 2018 DATE: January 9, 2018 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive Director of Utilities anGQcctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services — Purchasing Division Kim 2&cctexas.com (361) 826-3169 Pump Motor for O.N. Stevens Water Treatment Plant CAPTION: Motion authorizing the City Manager or designee to approve the purchase of a Teco Westinghouse pump motor for O.N. Stevens Treatment Plant from Weisinger Incorporated of Conroe, Texas in accordance with Request for Bid (RFB) No. 1358, based on the lowest responsive, responsible bid for a total amount not to exceed $85,588.00, budgeted in FY2017-18. PURPOSE: This is a motion to approve the purchase of a pump motor for O.N. Stevens Treatment Plant. BACKGROUND AND FINDINGS: The Utilities Department, specifically the O.N. Stevens Water Treatment Plant seeks approval to purchase one Teco Westinghouse Pump Motor to be utilized at the No. 9 - Raw Water Pump River Station. The current pump motor, is inoperable and beyond its service life. The Purchasing Division sent out RFB No. 1358 to solicit bids. Five companies submitted bids. Staff recommends award to the lowest responsive, responsible bidder, Weisinger Incorporated. 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 FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $650,000.00 $0.00 $650,000.00 Encumbered / Expended Amount $356,019.96 $356,019.96 This item $85,588.00 $0.00 $85,588.00 BALANCE $208,392.04 $0.00 $208,392.04 Fund(s): Water Fund Comments: N/A RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation City of Corpus Christi Bid Tabulation Purchasing Division RFP No.1358 Buyer:Michael Gutierrez Pump Motor for O.N.Stevens Water Treatment Plant Houma Armature Alliance Specialty Weisinger Works Houston,LCC. Motors,Inc.dba Louis Technology Womack Machine Ferguson Incorporated dba Ward Leonard Allis International,Inc. Supply Co. Conroe,TX Houston,TX Warrior,AL Lake Mary,FL Farmers Branch,TX Corpus Christi,TX Item Unit QTY Unit Total Unit Price Total Price Unit Price Total Unit Price Total Unit Price Total Unit Total Description Price Price Price Price Price Price Price 178 Westinghouse Pump Motor EA 1 $85,588 $85.588 $107,000 $107,000 $109,480 $109,480 $105,026 $105,026 $111,740 $111,740 No Bid No Bid P,600RPM,4160v,WPI, .......... CERTIFICATE OF" INTERESTED PARIIES FORM 1295 10fl F Complete Nos.1.-4 and 6 if there are interested parties. OFICE USE ONL..Y ComplIete Nos. 1,2,3,5,and 6 if there are no interested parties, CERTIFICATION OF FILING Name of business'—entity filing form,and the city,state and country of the business entity's place :!Certificate Number: of business. 2017-271080 Weisinger Incorporated CONROE,TX United States Date Filed: N—aine-of—d-o--v'-er—iii—iiieiitaI entity or state agency—tha"ffs a party to the contract for which the form is 10/11/2017 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 provide(]under the contract, RFB No. 1358 Pump Motor for OX Stevens Water Treatment Department Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary II 5 Check only if there is NO Interested Party. El 6 AFFIDAVIT I swear,or affirm,Linder penalty of perjury,that the above disclosure is true and correct. 'v J, Yf/' .g g ......... w. rrf'("j�';fr Signature of authorized aI contra )tinbusiness 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 seat of office. ddrL --of officer administering oath Printed name of officer administering oath Title of officer administering oath at Forms provided by Texas Ethics Commission www.ethics,state.tx.us Version V1.0.3337 se o� � AGENDA MEMORANDUM Future Item for the City Council Meeting of January 9, 2018 NORPOR PE 1852 Action Item for the City Council Meeting of January 16, 2018 DATE: January 9, 2018 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive Director of Utilities anG@c�cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services — Purchasing Division Kim 2&cctexas.com (361) 826-3169 Turbidity Meters and Equipment for O.N. Stevens Water Treatment Plant CAPTION: Resolution finding that the purchase of TU5 Series turbidity meters and equipment for O.N. Stevens Water Treatment Plant is necessary to preserve and protect the public health and safety of the city's residents and a sole source procurement; and authorizing the City Manager, or designee, to purchase TU5 Series turbidity meters and equipment from Hach Company of Loveland, Colorado, for a total amount not-to-exceed $113,157.12. PURPOSE: This item is to approve the purchase of TU5 Series turbidity meters and equipment for O.N. Stevens Water Treatment Plant. BACKGROUND AND FINDINGS: The O.N. Stevens Water Treatment Plant utilizes multiple HACH instruments. In 2015, HACH notified the Plant that purchases for sc100 controllers and 1720E turbidity meters between June 2002 and April 2011 have limited available repair parts and will no longer be available. Therefore, HACH will be phasing out turbidity meters and related equipment mentioned above, and will launching the TU5 Series turbidity meters. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $790,404.83 $0 $790,404.83 Encumbered / Expended Amount $89,676.11 $89,676.11 This item $113,157.12 $0 $113,157.12 BALANCE $587,601.60 $0 $587,601.60 Fund(s): Water Fund Comments: The cost is for a total amount not-to-exceed $113,157.12, and is funded FY2017-18 in the Water Fund. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Resolution finding that the purchase of TU5 Series turbidity meters and equipment for O.N. Stevens Water Treatment Plant is necessary to preserve and protect the public health and safety of the city's residents and a sole source procurement; and authorizing the City Manager, or designee, to purchase TU5 Series turbidity meters and equipment from Hach Company of Loveland, Colorado, for a total amount not-to-exceed $113,157.12. WHEREAS, the TU5 Series turbidity meters and equipment for O.N. Stevens Water Treatment Plant will be purchased by the Water Department; WHEREAS, these TU5 Series turbidity meters and equipment for O.N. Stevens Water Treatment Plant will be used to maintain the quality and safety of our drinking water for our citizens; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, the City Council finds that there are two statutory exceptions for this procurement in Local Government Code, Sections 252.022(a)(2) and (a)(7)(a), as this procurement (i) is necessary to preserve or protect the public health or safety of the municipality's residents and (ii) is available from only one source due to patents, copyrights, secret processes, or natural monopolies. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to purchase TU5 Series turbidity meters and equipment for O.N. Stevens Water Treatment Plant from Hach Company of Loveland, Colorado, based on a sole source for a total amount not-to-exceed $1137157.12. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 1 of 2 Corpus Christi, Texas day of 20 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 Page 2 of 2 CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION TURBIDITY METERS AND EQUIPMENT BUYER: MICHAEL GUTIERREZ FOR O.N. STEVENS TREATMENT PLANT Hach Company Loveland, Colorado ITEM DESCRIPTION QTY. UNIT UNIT PRICE EXTENDED TOTAL 1 db ee TU5300sc TURB,FLOW,CLEAN,SYSCHK,RFID,EPA 25 Each $2,553.60 $63,840.00 2 sc200 Controller,AC-DC, 2DIG, MOD, HACH 22 Each $1,873.60 $41,219.20 3 Maintenance Case TU5xxx; RoW 2 Each $1,061.15 $2,122.30 4 SAMPLE RFID TAG, BLUE, PK/3 10 Each $35.24 $352.40 5 SAMPLE RFID TAG, BLACK, PK/3 10 Each $35.24 $352.40 6 Process Vial 24 Each $31.87 $764.88 7 StablCal Calibration Set w. RFID 2 Each $427.50 $855.00 8 Vial Wiper TU5xxx 2 Each $14.49 $28.98 9 Vial Compartment Wiper TU5xxx 2 1 Each $18.33 $36.66 10 lee TU5200, Lab Turb with RFID, EPA 1 1 Each $3,585.301 $3,585.30 TOTAL $113,157.12 se o� � AGENDA MEMORANDUM Future Item for the City Council Meeting of January 9, 2018 NORPOR PE 1852 Action Item for the City Council Meeting of January 16, 2018 DATE: January 9, 2018 TO: Margie C. Rose, City Manager FROM: Bill Mahaffey, Director of Gas Operations iiiM(ccctexas.com (361) 826-1801 Kim Baker, Assistant Director of Financial Services, Purchasing Division Kim 2&cctexas.com (361) 826-3169 Supply Agreement for Gas Meters for the Utilities Department for Two Years at $271,600.00, With Two Additional One-year Options and a Total Potential Multi-Year Amount of $543,200.00 CAPTION: Motion authorizing City Manager, or designee, to execute a supply agreement with Wilnat, Inc., of Tulsa, Oklahoma for the purchase of Gas Meters in response to Request for Bid No. 1391 based on the lowest responsive, responsible bid for a total amount not to exceed $ 271,600.00, with an estimated expenditure of $90,533.00 in FY2017-2018 funded by the Gas Fund. The term of the agreement is for two years with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City, with a total potential multi-year amount of$543,200.00. PURPOSE: This item is to approve a supply agreement for Gas Meters for the Gas Department. BACKGROUND AND FINDINGS: The City of Corpus Christi has approximately 61,000 metered gas connections with additional new service connections being added throughout the year. Each connection requires the installation of a meter to allow for the accurate measurement of gas usage. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received two responsive, responsible bids, and is recommending the award to the lowest responsive, responsible bidder, Wilnat, 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: 2017-2018 Current Year Future Years TOTALS Line Item Budget $221,913.28 $452,667.00 $674,580.28 Encumbered / Expended Amount $106,171.00 $0.00 $106,171.00 This item $90,533.00 $452,667.00 $543,200.00 BALANCE $25,209.28 $0.00 $25,209.28 Fund(s): Gas Fund Comments: The initial contract term is for a total amount not to exceed $271,600.00, with an estimated expenditure of$90,533.00 to be funded in FY2017-18. The total estimated contract value will be $ 543,200.00 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 BID TABULATION RFB 1391 PURCHASING DIVISION PURCHASE OF GAS METERS BUYER:CYNTHIA PEREZ CAPP Wilnat, Inc. Clifton Heights, Pennsylvania Tulsa,Oklahoma Unit Extended Unit Extended Item Description Annual Qty. Unit Price Price Annual Qty. Unit Price Price 1 American AC-250 1,200 EA $121.00 $145,200.00 1,200 EA $75.00 $90,000.00 Diaphragm Meter 2 American AL-425 200 EA $337.00 $67,400.00 200 EA $229.00 $45,800.00 Diaphragm Meter Yearly Yearly Total: $212,600.00 Total: $135.800.00 Two year Two year Total: $425,200.00 Total: $271.600.00 SC SUPPLY AGREEMENT NO. 1391 Purchase of Gas Meters tMOORPOOAS EO 1852 THIS Purchase of Gas Meters Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and WiInat, Inc. ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Gas Meters in response to Request for Bid No. 1391 ("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 I 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 Gas Meters 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 24 months. The parties may mutually extend the term of this Agreement for up to two additional 12-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $271,600.00, 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 this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Supply Agreement Standard Form Page I of 7 Approved as to Legal Form 9/18/17 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 ("C01"), 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, qualify 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 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 Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 9/18/17 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 some 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 some 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. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the some. 15. Taxes. The Supplier covenants to pay payroll faxes, Medicare taxes, FICA taxes, unemployment faxes and all other related faxes. 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 Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form 9/18/17 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 SUPPLIER: Wilnat, Inc. Attn: William Wood Ttile: Sales Engineer Address: 10934 E 55th Place, Tulsa, Oklahoma 74147 Fax: (918) 794-5575 17. SUPPLIER SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING 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. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form 9/18/17 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, 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 (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Supplier's bid response (Exhibit 2). 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as if 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 low for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form 9/18/17 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) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form 9/18/17 SUPPLIER Signature: � Printed Name: ,. W Title: Date: CITY OF CORPUS CHRISTI Signature: Printed e: Title: Date: Attached and Incorporated by Rof r nc Attachment A: Scope of Work Attachment : Bid/Pricing Schedule Attachment : Insurance Requirements Attachment : Warranty Requirements Incorporated by Ref r n Only: Exhibit 1: RFB No. 1 391 Exhibit : Supplier's Bid Response Supply Agreement Standard Form "ago 7 of Approved as to Legal Form 9/38/'17 Attachment A-Scope of Work 4.1 General Requirements/Back-ground Information The Supplier shall provide gas meters as outlined in this Scope of Work. The two types of meters must have the capability to be used with Aclara AMR & AMI; MTV's with direct fit to meter. See attached exhibits showing photos of the required meters. 4.2 Scope of work The gas meters shall comply with the following specifications: A. American AC-250 Diaphragm Meter• a. Non-temperature compensated. b. 20 LT. c. Circular white/red dial register. Reading with 2 ff. and a '/2 proving hand, plastic, or brass with tamper indication. d. Badges to be included on meter, meter number as requested. B. American AL-425 Diaphragm Meter: a. Non-temperature compensated. b. 30 LT. c. Circular white/red dial register. Reading with 2 ft. and a 1/2 proving hand, plastic, or brass with tamper indication. d. Badges to be included on meter, meter number as requested. • Note: Both the American AC-250 and AL-425 are set up to 4 ounces/7 inches of pressure, using a white dial. Or, if required they are set up to 5 lb. of pressure with a red dial. See photos on attached exhibits. 4.3 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. 4.4 Special Instruction The Contractor will ship Gas Meters F.O.B. Destination. Gas meters will be shipped to the following address: City of Corpus Christi- Gas Department 4225 S. Port Avenue Corpus Christi, TX 78415 Scope of Work Exhibits A. American AC-250 Diaphragm Meter ga Fh C Y i m i S. wM � � 16 � J I B. American AL-425 Diaphragm Meter a � U„u,/. Iplp�91 INI�Ulllli a 6 f II/ I I i r , �j Attachment B - Bid Pricing/Schedule 4 CITY OF CORPUS CHRISTI BID FORM ._ .. PURCHASING DISI RFB No. 1391 I y�. yCaxR^tYR Pq 4° V _ .. Purchase of Gas Meters / PAGE k OF I Date; R / Authorized Bidder: h � ��f �, ° �� ignaata.ure- � 1. Refer to "Instructions to BiddersR9 and ContractTerms and Conditions before completing bid. . Quote your best price for each item, Sw In submitting this bid, Bidder certifies that• a, the prices in Ihls bid have been arrived at independenfly, without consultation, a ornrnt-jr)ic at€on, or areeiment with any other Bidder or a ompetifor, for the purpose of i,estri ting competition with regard to prices. � . Bidder is can Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Pt..jrchasing office, pursuant to the Code of Ordinances, is Current and true. cr Bidder is current with all taxes dine and company is in goo(.,'t stc.-mating with all applicable govern rnerntaal agencies. d. Bidder acknowledges receipt and review of all addenda for this RIF13. 4. Bidden must not write over or revise the bid form., Bidders will be considered Non- Responsive on- Res onsi e if the bidform is modified. Description IT QTY Unit Price Tota. . . lm _... Annual Priv ...._ American A 5 bra hraetei A t m American A 425 Maphra m eter, A200 d. 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 policy 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 Bodily Injury and Property Damage cancellation, non-renewal, material change Per occurrence- aggregate 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 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. 1. 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 Order and Delivery of Gas Meters (Off Site) 07/13/2017 sw Risk Management Honeywell Attachment D- Warranty Requirements Page 2 of 3 11/16/2017 10:21:50 ACKNOWLEDGEMENT OF ORDER 1. The contract of sale formed by this acknowledgement of the customer's order is expressly limited to the terms specified herein and the additional terms and conditions of sale provided with quotations, which terms supersede the terms of the customer's order, and any variations therefrom will require the written acceptance of the Seller thereto, any laws or rules of construction of contracts to the contrary notwithstanding. Shipment of the customer's order, which order contains different or additional terms, does not constitute an acceptance of such different or additional terms, it being expressly intended that Seller is limiting its contractual obligations to the terms contained herein or those agreed to in writing by the duly authorized representatives of the parties hereto. 2. Invoiced prices shall be our regular prices at the time of shipment unless otherwise specifically set forth herein. The amount of any and all present or future taxes or other governmental charges upon the production, shipment, installation or sale of the equipment covered hereby, including use, sale or excise taxes, shall be added to the price and paid by the customer. In lieu thereof, the customer shall furnish Seller with tax exemption certificates acceptable to the taxing authorities. Notwithstanding the foregoing, it is the ultimate responsibility of the customer to ensure that all such taxes are paid as required by law. 3. Unless otherwise specifically set forth herein, (i) payment terms are Net 30 days from date of invoice; and Iii) shipping terms shall be ex-works, PPC. 4. Delivery dates quoted by Seller in quotations, order acknowledgements or elsewhere are to be treated as estimates only, They are given in good faith and Seller will make every effort to adhere to them. They are subject to, among other things, materials and labor being available, the effects of governmental action, strikes, lockouts, accidents, carriers, acts of God, and delays of others furnishing material. 5. RESIDENTIAL METER PERFORMANCE GUARANTEE. This guarantee applies to domestic gas meter models AC-250, AT-210 and AT-250 manufactured by Seller. Seller hereby guarantees its domestic gas meter models AC-250, AT-210 and AT-250 as follows: 11 No less than 85% of each shipment of all new gas meters will maintain or be adjustable to plus or minus 2% of zero error at check test rate of flow or the applicable requirement proscribed by the utility commission having jurisdiction over where a meter is deployed, whichever is greater; and 11 This guarantee will remain in effect for each meter for a period the earlier of 15 years from the date of its shipment by Seiler or until the meter is taken from service for any reason. The guarantee set forth above is in lieu of and excludes any other warranties, which are hereby disclaimed, whether expressed or implied. Seller shall not be liable for any costs of removal, installation or re-installation hereunder. Customer assumes responsibility for determining that the meters provided are suitable for their intended application and use. Seller's obligation under its guarantee is limited at its option to repayment of the purchase price, repair, replacement, or furnishing a similar part at Seller's option, and is further contingent upon Customer promptly notifying Seller upon discovery of a defect and returning the defective meter, prepaying all transportation charges thereon, to the factory or warehouse designated by Seller and upon Seller's inspection and confirmation of the defective condition. In no event shall Seller's liability to Customer, regardless of the reason, exceed the purchase price of the meter giving rise to the liability hereunder. The remedies set forth herein shall be the Customer's sole and exclusive remedies. This guarantee shall not apply to refurbished meters, metering equipment or parts which were repaired or altered by any party other than Seller or its subsidiaries. This guarantee shall not apply to any meter which has been operated in excess of the rated badge capacity of the meter. The guarantee shall not apply to meters installed in curb vaults, pits or other types of non-conventional installations. Seller shall not be liable for any non-conformity, damage, failure or defect of or to any meter caused by alteration, poor maintenance, vandalism, theft, mishandling, repair by unauthorized personnel, misuse, installation errors or installation not in accordance with applicable installation instructions, acts of God, the negligent acts or omissions or malfeasance of Customer or any third party or other conditions beyond the control of Seller. This guarantee shall be null and void after any device other than one manufactured by Seller is installed on or in connection with the meter; provided, however, if a radio transmitter module or similar device is connected to the meter as part of an AMR/AMI solution, such connection shall not void this guarantee unless such radio transmitter modules (or similar devises) or the connection therewith causes or relates to any failure, non-conformity or defect in the meter's performance. The preceding sentence shall apply but not be limited to (i) indexes and automatic meter reading units other than those manufactured by Seller or any subsidiary of Seller, and (ii) to any other device that could adversely affect the accuracy or reliability of the meter, and (iii) whether or not the device is installed by Seller. Seller excludes paint and non-U.V. protected index boxes. 6. PRODUCT WARRANTY. Seller warrants its products against defects in materials or workmanship arising under normal use and service for a period of one year from date of shipment. Seller shall not be liable for any special, indirect or consequential damage resulting in any manner from the furnishing of the products. Seller makes no other warranties and hereby disclaims all other warranties, whether express or implied. If a non-conformity arises during the applicable warranty period, Seller's obligation under its warranty is limited at its option to repayment of the purchase price, repair, replacement, or furnishing a similar part to replace a defective part, and is further contingent upon customer promptly notifying Seller upon discovery of a defect and returning the defective product, pre-repaying all transportation charges thereon, to the factory or warehouse designated by Seller and upon Seller's inspection and confirmation of the defective condition. In no event shall Seller's liability hereunder exceed the purchase price of the product. 7. Each shipment shall be examined by the customer promptly upon receipt thereof and any claim for shortage or any other cause must be reported to Seller with thirty days after receipt. Elster American Meter Tel: 402-873-8200 2221 Industrial Road Fax: 402-873-7616 Nebraska City,NE 68410-6889 US Honeywell Page 3 of 3 11/16/2017 10:21:50 8. Orders accepted by Seller cannot be canceled, or deliveries deferred, or goods returned by customer, except with Seller's prior written consent, and then only upon such terms as shall be acceptable to Seller. 9. Unless otherwise stated in writing herein, all products shall be installed by and at the expense of the customer. Customer acknowledges that it is solely responsible for providing a safe and suitable location for installation of products purchased from Seller and for providing and maintaining the appropriate environment for operating and performing maintenance on products purchased from Seller. Customer is solely responsible for determining the applicability of any local, state or federal laws or regulations relating to installation, use lincluding those pertaining to health and safety), maintenance and/or disposal of any and all products purchased from Seller. 10. This contract shall be governed by, and shall be construed in accordance with, the laws of the state of Delaware. This contract is not assignable without the prior written consent of Seller, and any attempt otherwise to assign any rights, duties or obligations under this contract shall be void. All of Seller's rights and remedies shall be cumulative and may be exercised singularly or concurrently. If customer fails to perform any term of this contract and Seller does not enforce that term, failure to enforce on that occasion shall not prevent enforcement on any other occasion. (Balance of Page Blank) AMCO Form OA050117 Elster American Meter Tel: 402-873-8200 2221 Industrial Road Fax: 402-873-7616 Nebraska City,NE 68410-6889 US CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos.1-4 and 6 if there are interested parties, OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: Of business. 2017-282064 Wilnat, Inc. Tulsa,OK United States Date Filed: 2 Name of governments l entity or state agency tRit Fisa party to t-fie contract for which the form is 11/09/2017 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. 1391 Gas Meters 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling intermediary Wilnat, Inc. Tulsa,OK United States X 5 Check only if there is NO Interested Party. El 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. %%Uill, ,A-��y A6.�k, LINDSEY HOLZME[STER Notary Public, State of Texas Comm, Expires 08-11-2021 Notary ID 131242911 Signature of authorized agent of c6ntracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said Ve VVO'd_,this the day of Kom�Kl 20LL_l to certify which,witness my hand and seal of office. �INMEV $L,2,MFVW t4 of C of oder administ"oath Printed name of officer administering oath Title of officer administering oath ignature7� Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 SC o� � U NORPgRpEO AGENDA MEMORANDUM 1852 City Council Meeting of January 9, 2018 DATE: November 30, 2017 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikemacctexas.com 886-2603 Report on Code Enforcement Activities STAFF PRESENTER(S): Name Title/Position Department 1. David Blackmon Commander Police 2. Chris White Captain Police 3. David Prado Superintendent Code Enforcement 4. Mike Markle Chief of Police Police OUTSIDE PRESENTER(S): Name Title/Position Organization 1. 2. 3. BACKGROUND: Presentation regarding Code Enforcement. LIST OF SUPPORTING DOCUMENTS: Power point presentation — Report on Code Enforcement Activities f r� Report on Code Enforcement Activities Council Presentation January 09, 2018 Code Enforcement, .. Police & Citizens "The Quality of Life Triad" Building and sustaining the quality of life in the community by creating a partnership between Police, Code Enforcement and the citizens. Common Code Violations • Tall Weeds • Open Storage • Junked Vehicles • Litter / Illegal Dumping ±� • Unsecured Vacant " Buildings ° • Substandard Buildings • Illegal Signage ` • Illegal Land Use ° :u The Process ' WW Stop & knock... If contact is not Re-inspection Non-compliance contact with successful, then a determines if results in owner/occupant Notice of Violation the property has abatement... to verify is mailed to been brought • Possible community violation and owner/occupant into compliance. assistance. • Administrative educate on with a specified Voluntary abatement compliance period to bring the compliance measures. methods. property in closes the • Owner billed for City compliance. case. abatement. • Possible Criminal Charges filed. �0 Removing Grime .. Reduces Crime Code Enforcement impacts the factors of criminal activity - people, places, and behaviors i N a I Calls For Service .. FY16-17 j Most Concerning Issues: • High Weeds and Grass • Oen Storage m E)i st r i ct �j N ,4 Calls For Service FY16-17 ....................................................... / r Iv Most Concerning • High Weeds and Grass err/ • Junk Vehicles • Open Storage �i Calls For Service � .. � FY16-17 , a i PA h u r� r ,f Most Concerning Issues: • High Grass • Illegal Signs • Junk Vehicles ;� � s Calls For Service � .. N FY16-17 Most Concerning Issues: f • High Weeds and Grass ; • Junk Vehicles/ • Solid Waste Set Outs Delta District yA I 1 O /t�M Violation Average Number of days to resolve a violation: 15 FY16-17 FY17-18 Total Calls for Service: 13,682 Total Calls for Service: 1,513 Confirmed Violations: 9,198 Confirmed Violations: 817 Cases Closed, or Referred: 4,484 Cases Closed, or Referred: 349 Total Inspections Completed: Total Inspections Completed: 17,809 1,730 .0 Abatement Funds FY 16-17 FY 17-18 GF Budget Spent: $234,652.90 GF Budget Spent: $5,422.56 CDBG Grant Budget Spent: $155,578.97 CDBG Budget Spent: $1,796.26 Properties Abated: 3,295 Properties Abated: 42 Voluntary Compliance: 44% Citations Issued: 1,060 Abatement Funds Recovered: 50% Junk Vehicle FY 16-17 Junk Vehicle Violations: 1,107 Process• • Visual Inspection upon initial violation • 20 day Re-inspection • 10 day Notice to correct violation • Placement of Red Placards/ 72 hr. warning • Set up for pick up of Junk Vehicle, must verify that the vehicle is inoperable. .2 Building and Standards Board „a FY 16-17 Sub- Standard Cases Taken to Board: 51 Sub- Standard Structures Demolished: 33 CDBG Funds Expended for Demolitions: $179,937 V The future of Code Enforcement Looking outside of the Code Enforcement Division to explore manpower options from within other departments • Added an additional nine (9) Code Enforcement Officers to the department by consolidating the duties of officers from within other city departments who were conducting singular code enforcement duties • Every Code Enforcement officer will be cross-trained • More code violations can be recognized and addressed through the consolidation • Reduced confusion for citizens wanting resolution on code issues Changing Focus • Make main thoroughfare streets into our city a priority • Increase punitive measures for non-compliant violators �4 Questions? se w �a 0 H v /rypOBPOFPEO AGENDA MEMORANDUM 1852 City Council Meeting of January 9, 2018 DATE: January 5, 2018 TO: Margie C. Rose, City Manager FROM: Keith Selman, Assistant City Manager Keith Se cctexas.com 361-826-3898 SEAtown Proposal STAFF PRESENTER(S): Name Title/Position Department 1. Keith Selman Assistant City Manager Executive OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Greg Perkes President PerkesWorks! 2. Ron Benavides BACKGROUND: Greg Perkes and Ron Benavides will present to the City Council a proposal to conduct a development planning process within Corpus Christi's SEA District. The SEAtown team is respectfully requesting $100,000 from three public agencies ($33,000 City; $33,000 County; $33,000 RTA) to conduct the study. LIST OF SUPPORTING DOCUMENTS: SEAtown proposal prepared by PerkesWorks! SEAtown P i yM o Prepared by rk rk e es ,,,,,,,o s . Greg Perkes PO Box 1663 Corpus Christi, TX 78403 361 -813-8003 GPerkes@PerkesLaw.com November 10, 2017 INTRODUCTION PerkesWorks! proposes to conduct a development planning process within Corpus Christi's SEA District. The SEAtown team is respectfully requesting $100,000 from three public agencies ($33,334 City; $33,333 County; $33,333 RTA) to conduct this proposal, which will examine the highest and best use of land in the SEA District vacated by the old Harbor Bridge. This is a once-in-a-lifetime opportunity for Corpus Christi and the region to reimagine this critical land use as a benchmark standard for other cities to emulate throughout the country. Initial thoughts and research indicate that a multipurpose canal with surrounding entertainment venues would be the highest and best use. Team SEAtown will seek to confirm this early research through a rigorous concept and feasibility program of market analytics and creative experience design. Specific deliverables are set forth below. OPPORTUNITY Construction of a new iconic and sustainable master span bridge with two winged towers peaking at 538' began in August of 2017. It will replace the existing Harbor Bridge, a historical emblem of pride, which connects Corpus Christi's downtown SEA District to North Beach. The new concrete bridge, which leads 6 lanes of traffic between 1-37 and U.S. 181 , is designed to last over 170 years. Its impact will be felt for generations, and create an exciting backdrop for the proposed river entertainment district. PerkesWorks! has identified a compelling opportunity to create a vital new urban cultural and entertainment center in Corpus Christi. SEAtown—a walkable district offering arts, culture, entertainment, and food and beverage in an authentic setting capturing the historical stories and forward-looking Corpus Christi brand—can become an iconic magnet for local residents and Texas tourism. A report produced by the Texas governor's office shows a nearly 7% increase in "person-days" spent in the city of Corpus Christi from 2013 to 2015. About 90% of those visits came from Texans, and 83% of all visits to Corpus Christi were for leisure purposes. More than half those Page 2 of 24 visitors chose the city for its natural attractions. In addition, the project concept will capitalize on the expanding hospitality industry for out-of-town guests, researching how this additional growth can be added to the local mix. TEAM SEATOWN PerkesWorks! brings 30 years erkesWorks '. of city, county, and communis Y Y Y knowledge of the chamber, tourism, real estate, economic, and business developments in the area. PerkesWork!, through its associates, provides strategic planning and expertise in the areas of: • Planning & Feasibility Issues. • Ownership Steps & Issues During Feasibility Period. • Local Permitting Requirements. • State Permitting Requirements. • Federal Permitting Requirements. The company provides government relations, feasibility analysis, economic studies, and identification of applicable funding sources, formulas, and mechanisms. A recent addition to the company scope is expertise in the area of urban planning and sustainable design. PerkesWorks! is adept at facilitating public visioning meetings to engage community shareholders in the planning process. For more, please call 361- 813-8003. Created in 2001 through a management buyout from the Walt Disney Company, IDEAS is a brand and experience design company built on the central premise that powerful stories create MENIIA&EXPENIENCE DESIGN powerful experiences. IDEAS delivers solutions — for destination development, healthcare, Page 3 of 24 government, enterprise, and entertainment clients worldwide. The team at IDEAS aggregates hundreds of years of experience in storytelling, experience design, branding, training, media production, and content development, and has delivered more than 3500 projects to over 1000 happy clients. IDEAS is not an advertising agency or traditional marketing company. We practice experience design—the art of creating, activating, teaching and communicating brands to engage audiences in unexpected and unforgettable ways. Our proven methodology has been used to successfully design and launch new brands, experiences and destinations for partners like The Walt Disney Company, Kennedy Space Center, NASA, Royal Caribbean Cruise Line, Spaceport America, the Bahamas Ministry of Tourism, and a long list of the world's most renowned organizations. With our StoryJamTM methodology, we collaboratively marry the best thinking that the community and stakeholders have to offer with a powerful professional consortium of best-of-breed market analysts, brand architects, experience designers, storytellers, writers, communicators, graphic designers and media-makers. We deliver on every aspect of audience engagement from story development, through media production, educational content, web and game design, and immersive audience experience. For more, please visit us at .ideasorlando.com. Integrated Insight is a market analytics integratedg g and management consulting firm it h its inn. providing expertise in the areas of: • Minimizing new development risks • Optimizing existing businesses and profit growth • Ensuring success and strategic growth through customer experience and employee engagement measurement The principals of Integrated Insight, both former senior executives with Walt Disney Parks and Resorts, are personally involved in every project from inception to Page 4 of 24 completion. Our desire is to personally do the work, leading to an emphasis on quality over quantity with repeat business from a prestigious client group including Universal Parks and Resorts; Starwood Vacation Ownership; Baha Mar; Cedar Fair Entertainment; Rocky Mountaineer; RCCL; Carnival, Virgin, and Disney Cruise Lines; and the Polynesian Cultural Center among others. We believe in leading with consumer insights and using sophisticated data analytics to develop foundational strategies that minimize risk and produce sustainable results. We have experience that matters - a leadership team with over 20 years of senior executive experience, leading and managing dynamic service organizations and having full accountability for delivering results. Our knowledge and capability make a difference, as experts in resort, travel, and leisure entertainment. We excel at creating "clarity from chaos", helping others successfully navigate through confusion, chaos and hesitation to mobilize organizations and drive results. And our leadership team unmistakably comprehends both the overwhelming effort required to deliver on a strategy, and the processes and techniques that most often lead to success. For more, please visit us at www.integrated insig t.com. Providing dimensional design, land design and psi n architecture, Exline Design is a Southern California AON based environmental design consultancy providing epi a scope of services specializing in the archiitecture entertainment, museum experience, mixed-use, retail, and custom residential industries. The company was established in 1985 and has done work for clients in many parts of the US. The firm has also had the opportunity to be involved with projects slated for sites in Europe, Australia, Africa, the Middle East, China, and Japan. The experiences and resources of the firm have been utilized by a wide variety of clients ranging from new start-up projects to existing well-established companies wishing to expand their operations. Exline Design's consulting assignments emphasize innovation and creativity yet are enhanced by the firm's thorough understanding of broader client issues. For more, please visit us at www.exlinedesign.com Page 5 of 24 AREA AND SITE Downtown The City recently drafted a Downtown Area Development Plan in November 2015, which addresses access to the SEA District (p.l 10), stating this particular area can be greatly improved with the relocation of the Harbor Bridge. One primary goal is to improve circulation, including water ferries and trolleys, between the district's activity centers. The development plan also references the new community plaza at the 1-37 and new Harbor Bridge interchange described earlier. Another pertinent document is the Corpus Christi R/UDAT Report prepared in 2014 by AIA Communities by Design, which discusses the importance of the SEA District in downtown development (pp. 17- 20 and pp. 53-56). S EAtow n The land ownership in the proposed development site (both bridge and IMMEDIATELY adjacent) includes the following: 1 . CITY OF CORPUS CHRISTI 2. ARMY CORP OF ENGINEERS 3. PORT AUTHORITY 4. TEXAS DEPARTMENT OF TRANSPORTATION 5. DURRILL PROPERTIES 6. PRIVATE OWNERS Property Site The property in the development footprint is comprised of approximately 85 acres or .13 square miles or 3.7 million square feet. The boundaries of this space are generally identified, specifically the streets bordering N. Mesquite, 1-37, N. and W. Broadway, Belden, N. Tancahua, Resaca, and the city barge dock. Please see street site map and other pictures attached hereto. Page 6 of 24 PRELIMINARY CONCEPT The proposal's goal is to provide an innovative idea for people—locals and visitors alike—to drive, bike, walk, and enjoy the old footpath in the SEA District/mainland region near and around the Corpus Christi Convention Center. The purpose of the SEAtown proposal is to quantify a preliminary public-private "highest and best use" opportunity based on testing concepts with likely market segments. The SEAtown team will examine how best to transform the old bridge's land "footprint" encompassing connectivity from the new proposed plaza at the 1-37 interchange in downtown Corpus Christi to the Port of Corpus Christi. Surrounding amenities include Concrete Street Amphitheater, Railroad Seafood Station, American Bank Center, Brewster Street Ice House, Whataburger Field, Art Museum of South Texas, Corpus Christi Museum of Science and History, and Texas State Museum of Asian Cultures. This proposal will consider traditional elements of driving, biking, and walking combined with public transportation to connect people from one location to another, as well as take advantage of water elements, an entertainment component, and historical features. The development component mix will most likely include five revenue-generating elements: sports, retail, dining, entertainment and art. Thus, the mix will support and enhance already existing amenities in the SEA District. SCOPE Using a team approach this work includes four overall deliverables: 1 .)joint venture structure for public-private project, 2.) highest and best use of land, 3.) project concept and market feasibility, 4.) initial funding sources. Page 7 of 24 Phases and Timeline The Phase 1 effort will take six months in 2018. Future phases of work are noted below culminating in the project's construction in 2022 when the new bridge is completed, and the old Harbor Bridge is demolished. • Phase 1 : Facilitated Proposal 6 months • Phase 2: Advanced Concept/Schematic Design 12 months • Phases 3: Development and Funding 12 months • Phase 4: Construction 24 months • Phase 5: Pre-Opening and Opening 6 months Team SEAtown will provide a concept and feasibility program, presented in a detailed IDEAS Experience Design Plan® built upon a foundational thematic story and supported by a market analysis with emphasis on a supportable attendance model and design day. Our work plan includes four components 1 . Project Review: Review of the past design, master plan, and site 2. Experience Design: Design narrative and concept for new guest experience 3. Market Intelligence: Market analysis to create a valid competitive position 4. Site Analysis/Funding Sources: Site analysis for best development and funding mechanisms Project Review Using CAD files, site plans, photographs, digital models, and other material supplied by the City of Corpus Christi, Nueces County, and Regional Transportation Authority including development regulations, maps, surveys, geo-technical data, aerial photographs, and drawings relative to the project site, along with any prior master- planning, conceptual or schematic design, we will review and assess the relevant history of the project including: Page 8 of 24 • Land use master plans • Relative sizing and adjacencies of proposed amenities and functions • Possible portfolio of attractions and guest amenities • Food and beverage and merchandise mix • Area development and landscape design considerations • Enabling technology • Transportation and way-finding • Theming and story integration Site Survey We will walk and photo document the proposed development site and meet with the local stakeholders to further define the program. Deliverables: The deliverable will be written reports supplemented by PowerPoint briefings. The project review report will detail how past work may be used in the new design and what site and infrastructure issues need to be addressed. The results of the review will define the priorities for the Conceptual Experience Design work. IDEAS Conceptual Experience Design Plan® The SEAtown guest experience will be comprised of physical, environmental, and behavioral components that must be intentionally designed and implemented as an integrated system of financially and operationally viable assets. To provide a solid basis for later development, IDEAS will define a guest profile and basic project narrative, establishing the project as an exciting, distinctive and highly valued experience. The Concept Package will include a descriptive narrative along with loose conceptual visual examples, illustrations, space relationship diagrams, and operational considerations. The work will highlight key elements necessary from pre-arrival, through the on-site experience, and post-visit engagement to provide a consistently branded experience taking into account current site constraints. Page 9 of 24 Deliverables: The Concept Package is delivered as a written document not to exceed 30 pages. All visual documentation, artwork, and/or models presented will be provided separately at digital print-resolution as standard file formats including: PDF, DWG, JPEG or MPEG files as well as Sketch-up (SKP) model files, and/or motion-graphic video files where appropriate. The Concept Package will be briefed in a PowerPoint presentation and summarized in a presentation video not to exceed 2:00. The Concept Package will include one round of revisions based on client review. Market Intelligence Integrated Insight will provide a high-level profile of the potential audience for SEAtown based on publicly available information. We will leverage secondary sources of information and our internal knowledge of tourism to the area to assess the volume of tourists and locals in the viable market, their demographics, and their behaviors, relative to activities enjoyed either while visiting in the area or as local residents. This helps to frame opportunities for new experiences, and what competition will be facing those new entrants. In addition, a demand estimate for future capacity will be developed based upon a "what do you have to believe" scenario that is consistent with intended investments. Being able to compete effectively in the region will likely require both incensed demand and share shift from existing activities. Deliverables • The preliminary attendance and capacity analysis report will summarize market conditions, competitive advantages, economics, and attendance estimates that must be considered in developing the new concept. Output is a PowerPoint presentation. Site Analysis and Funding Using feasibility tools, PerkesWorks! will conduct site analysis and identify funding mechanisms for this project. Page 10 of 24 Deliverables • List of financing options appropriate for the purpose and target audience of this project. • Research existing plans and conduct a comprehensive analysis of the proposed development site, including studies of demographic makeup, ecologically sensitive areas, multi-modal connectivity, and an overview of relevant zoning, codes, and ordinances. These studies will largely be visualized through charts and graphs, GIS mapping, and potentially 3D modeling via Sketchup. • An analysis of the strengths, weaknesses, and opportunities of the project. Any recommendations will be grounded in relevant plans, such as Corpus Christi's Development Plans, Sustainability Plan, the CCMPO's Mobility Plan, AIA's Corpus Christi R/UDAT, and the Plan CC Comprehensive Plan initiative. A suggested strategy of sustainable systems will be recommended to help offset the impact of the proposed development. G_` rl"ERMS Pricing for "Phase I" is valid for a period of 60 days and is offered based on an agreement to perform all components of the program over a schedule to be mutually determined, generally targeting a six (6)-month completion period. Payments are due according to the following schedule. Deposit On Signing $60,000 Payment 1 On Completion of Site Survey $20,000 Payment 2 On Delivery of Concept Package $20,000 Payment for Services shall be due and payable by Client (City of Corpus Christi, Nueces County, and Regional Transportation Authority) upon receipt of PerkesWorks' invoice. Any client approved change orders will be documented in writing and submitted for approval prior to the commencement of any additional services. All change orders will be invoiced on a monthly basis along with any authorized expenses incurred in accordance with the terms and conditions as set forth. Page 11 of 24 This proposal cost includes travel sufficient to perform the work. Any additional travel will be pre-approved by the client and billed as actual expenses. Air travel under 4 hours shall be coach class. Lodging will be at a full-service major-branded hotel or equivalent with single occupancy. Travel costs will include reasonable transfers to and from airports and/or parking fees for personal vehicles for duration of requested trip. Client shall pay PerkesWorks for all travel and lodging expenses within 14 calendar days of invoice. Any personal vehicle mileage will be reimbursed at the maximum rate allowed at the time by the U.S. Internal Revenue Service as standard mileage rates for employees, self-employed individuals, or other taxpayers to use in computing the deductible costs of operating an automobile for business, charitable, medical, or moving expense purposes. Work will begin upon receipt by PerkesWorks of a fully executed Agreement, the required deposit, and any necessary information or materials required. City of Corpus Christi, Nueces County, Regional Transportation Authority (the Client) will provide: • A point of contact (POC) for the duration of the project to coordinate scheduling and access to staff, locations and information. The POC must be authorized to approve work, commit funding, execute change orders, and distribute information. • Suitable subject Matter Experts (SMEs) to collaborate with Team SEAtown. • Background information about the project as required. • CLIENT warrants and represents that any material it provides shall not infringe upon any copyright of any person or violate the right of privacy of, or libel any person, firm or corporation, and that CLIENT has obtained all consents, permissions or releases and has made all payments required in connection with the material provided for the project. Page 12 of 24 Team SEAtown will provide: • All services and deliverables as detailed in this proposal. All work products proposed become the property of CLIENT as a work-for-hire. • A project manager/producer to coordinate all deliverables and Team SEAtown work with the CLIENT POC. • An online review and feedback system that will allow the client leadership team and other stakeholders to review and provide electronic feedback to assist in the development and approval of the work. • Digital files will be saved on IDEAS' secure server and an off-site server to ensure against loss of client data. Every effort is made to ensure that in the event we are unable to retrieve work due to natural/man-made disasters, all materials are accessible remotely. • Regular status meetings with the CLIENT POC will be necessary to uphold the project timeline and ensure product quality. Meetings will take place as conference calls. Other Assumptions: • Any voice and/or on-screen talent will be non-union and music rights will be valid in perpetuity for this specific work and use. • CLIENT acknowledges that if it does not approve work in a timely manner or if CLIENT requests revisions that are significantly beyond the original scope of work, applicable schedules may be delayed, and/or additional fees may result. For the purpose of this agreement, a timely manner shall be construed to be 5 working days unless both parties agree to a longer period. Time is of the essence of this agreement. Any client driven project delays whether due to approvals, communication interruptions because of travel or any other cause other than Force Majeure will result in an automatic change order and additional fees of $2,500.00 per week or partial week. • Team SEAtown shall inform CLIENT in advance of each instance when CLIENT may incur additional fees because of a possible scope change via a written Change Order. At the time of providing such notice, Team SEAtown shall inform CLIENT of the amount of all such additional fees. Changes ordered after CLIENT Page 13 of 24 approval of a completed stage or as a result of an approved change order for additional scope will result in additional fees. • Video elements will be provided in a 30 frame, HD, 16 x 9 aspect ratio format. Delivery will be via common digital files. • Audio elements will be produced in standard two (2) channel stereo mixes unless otherwise specified and will be delivered as digital files. CON%(_..TLJSION Today, there are multi-national trends for conceiving bridges as public spaces, not merely as infrastructure. PerkesWorks! proposal for SEAtown focuses on a creative way to provide entertaining connectivity for Corpus Christi citizens and visitors using the footpath of tomorrow from yesterday's Harbor Bridge. Page 14 of 24 RELEVANT PAST PERFORMANCE Spaceport America The World's First o errci t Spaceport The New Mexico Spaceport Authority contracted with with IDEAS to design the facilities and exhibits aimed at inspiring �� and educating visitors to Spaceport ' ''ACEPC:) T' �.Pv1 America , the world's first commercial spaceport, located in New Mexico. IDEAS teamed with strategic partners Integrate Insight and Exline Design and Architecture to create a full market analysis, brand, facility design package and a slate of guest experiences. The many immersive visitor experiences provide Earthbound visitors with entertaining and engaging learning experiences that are perhaps even more meaningful than a look at the otherworldly terminal and Virgin Galactic spaceships. Through rich, storied experiences, it was our task to bring to life the spirit of adventurous exploration, the promise of human potential, and the powerful combination of applied vision and courage. / nia llP e 11p1"4� II��S9p a / II 1 i �? , � xls�ih�iYfim ttf niton Page 15 of 24 The Villages of Upper Padre New estin ion Experience Austin-based Padre Island Development, LLC, had the blessing of size - over 800 acres of extraordinary land interwoven with natural UPPER. PADRE waterways, a lagoon, and amazing access to the I Gulf of Mexico, all just a 20 minute drive fromr Corpus Christi. �al�k'11,"t.....i...... A i�........w� For this project - envisioned as a potential 15 to 20 year build-out, the developer turned to IDEAS to craft the concepts, create the guest and resident experience, and launch a brand that would bring "Texas Beach country" to life, all based on meticulously developed and informed market metrics. Marrying IDEAS' proprietary Culture Mapping, StoryJamTN1 and Experience Design programs offered a perfect solution. Quantitative and qualitative input was gathered from the Corpus Christi community thought leaders whose voices would influence the success of any development on North Padre Island and feeder markets. In the �'/////1/1//I//�a�/arr,iii/i�///iiiii��r�ii/i�J��ii%✓/���iail��oi�i i�i%iiia � r�����i��a///��1��///'%%/%///%/%%�//r�%11!///lrl�%//'/fr9�%//�jI/y�n1 �� Experience Design phase, "The Island Resort" evolved into "The Destination Villages of Upper Padre"—an - extraordinary, unique ✓ r,,;'" / offer of Texas Gulf Coast casual elegance focused on the natural beauty of a, r i the Gulf of Mexico_ With the brand architecture clear, the process of building the Upper Padre guest experience began. The results were a finished program that drove master planning, architectural design, operational planning, and marketing across every critical point of touch. Page 16 of 24 T E b BOB ALLEN - IDEAS Founder and Chief Storytelling Officer Bob Allen is IDEAS' Chief Storytelling Officer, bringing more than 40 years of experience, to important projects across the globe. Bob literally grew up in the theme park business as his father began at Disneyland on opening day in 1955 and, through a 33-year career, became the lead executive at Walt Disney World. During his 25-year tenure with The Walt Disney Company, Bob worked in executive leadership positions with live entertainment design and operations at both Disneyland and Walt DisneyWorld, theme-park show design for Walt Disney Imagineering, film and television production both for the Disneyland International division and later as the project lead for the development, planning and build-out of The Disney-MGM Studios where he directed the complete $40M studio-side design/build program. In 1988 he successfully opened the studio where clients included Viacom, The Disney Channel, Nickelodeon, Warner Television, Buena Vista Television, and major features including John Turtletaub's "Instinct" starring Anthony Hopkins and Cuba Gooding Jr., and mini- series such as Tom Hank's HBO production of"From the Earth to The Moon. In 1991 he became Vice President of Disney Production Services Inc. and launched Disney i.d.e.a.s. evolving it into a full service production company. In July of 2001 , Bob formed Integrity Arts and Technology Inc. and completed a management buyout of IDEAS from the Walt Disney Company. Bob has taught as an adjunct professor at the University of Central Florida and has served three Florida Governors as chair of The Florida Institute for Film Education, The Florida Entertainment Commission, The Florida Motion Picture, Television and Recording Industry Advisory Council as well as numerous industry and economic development panels. He is a nationally known speaker to both business and education groups on the power of story, sustaining cultures of innovation and servant leadership. SHIRLEY DECKER - Business Development Executive, Greypit, Inc. Shirley Decker draws on over 35+ years of experience in the industry with several years as a Disney executive. During her years in the hospitality industry, she was immersed Page 17 of 24 in five-star quality service working with several major resorts and as an experienced meeting planner has been able to port that experience and understanding of top guest experience and operations into a host of assignments where the fundamentals of excellent service are a prerequisite to success in industries from healthcare to retail. Her vast knowledge of the corporate and hospitality markets has also been instrumental in helping meet the diverse and demanding corporate communications needs of her Fortune 500 clients. While her emphasis has been on the business development side of the equation, Shirley has also played an integral strategic and tactical role on story and creative teams, helping to define and deliver world class solutions for clients in a variety of industry sectors. A recipient of Disney's ultimate award, Partners in Excellence, Shirley offers an ability to anticipate and fulfill the needs of clients by strong listening skills and understanding what audiences expect. Shirley is currently chief convener for Greypit, Inc. gathering experts with the skill sets and resources to make projects work. She and her team convene successful teams, bringing their guest experience, development, and workplace transformation knowledge to government, healthcare, corporate, education, and destination industries. DAVID EXLINE - Design Architect, Exline Design With more than twenty-five years of experience in the design and master planning of a wide range of developmental projects David is the principal design architect for the team and will lead all visual, dimensional and guest experience design planning. He has played key directive roles within his industry executing creative and innovative entertainment concepts in both the United States and abroad. His fresh approach to design has gained him an international reputation in varying project types including theme park and amusement park planning & design; museum & exhibit design; mixed- use planning & design, festive retail center planning & design; recreational resort planning, and custom residential design. After graduating with a degree in Architecture from Kansas State University, and two years working as an architectural intern in Colorado, his passion for the entertainment Page 18 of 24 industry prompted a move to Southern California where David established Exline Design & Architecture in 1985. As its principal and a key Team IDEAS Alliance partner, he leads IDEAS planning of location-based entertainment work, project master planning, architectural design, exhibit & show design, retail design, and commercial mixed-use development. David's holds licenses to practice in the states of Colorado, California, Kansas, and most recently an accreditation with the National Council of Architectural Registration Boards (NCARB). Currently residing in Aliso Viejo, Orange County, California, David is active in Orange County's Chapter of the American Institute of Architects DUNCAN KENNEDY - VP, Experience Design, IDEAS Duncan Kennedy's creative career started as a performer after college in a sketch comedy and improve group playing at clubs and colleges in the Northeast. Expanding on his love for entertainment, Duncan joined a full-time party rock stage show playing festivals, corporate events, and sports venues around the world as a singer/musician and writer/show director for this international touring multi-media production. Next, Duncan took his love for writing and creating memorable experiences into the realm of video production in upstate New York and was soon writing and producing for New Media Producers Group at the Disney-MGM Studios. Thus began an ongoing 17+ year ride with the IDEAS team culminating in his current role as Vice-President of IDEAS Experience Design and leader of the IDEAS Story Team. Duncan's ability to quickly synthesize the experiential parameters of an engagement opportunity and then passionately advocate on the audience's behalf to create something unique and memorable is based on his many years as a performer and well- honed knack for inciting interaction and joy. His creative talents at IDEAS have helped the company develop and deliver many landmark programmatic and installation achievements. Duncan's deep understanding of audiences and his passion for designing memorable experiences has proved to be of value in every discipline. MARY ANNE METAXAS - VP, Media Production, IDEAS Mary Anne grew up in New Jersey spending her summers at the shore before attending Florida State University and finding her way to Central Florida. She started her career in Page 19 of 24 this industry in sales but quickly realized that her passion was in making entertaining video as opposed to selling it. Prior to joining IDEAS Mary Anne worked on a variety of projects for Fortune 500 companies, theme parks, and broadcast television including a Super Bowl special for ESPN. Mary Anne has been part of the creative team at IDEAS since its inception serving as producer, post supervisor and creative consultant and is lead dog to many of our most memorable projects including Spaceport America, Adventure to Fitness, Give an Hour, media for the Disney Dream cruise ship, National Museum of Crime & Punishment, and Siemens Base21 VIP Center. JONI NEWKIRK, Chief Executive Officer, Integrated Insight Joni Newkirk is a leading expert in the performance dynamics of consumer facing service industries, and a thought leader in the development of successful business strategies. She has over thirty years of experience leading multi-faceted organizations and managing large scale projects and excels in finding viable solutions to complex situations. Prior to founding Integrated Insight, Joni spent 20 years with Walt Disney Parks and Resorts, rising to the position of Senior Vice President of Business Insight and Improvement where she was responsible for managing and driving over $8 billion in revenue for worldwide theme parks and resorts, Disney Cruise Line, Disney Vacation Club and Adventures by Disney. She oversaw industry leading decision analytics and consumer insight practices within the areas of Market Research and Consumer Insights, Forecasting, Pricing, Revenue and Profit Management, and Industrial Engineering, helping lead the Parks and Resorts division to record revenue growth year after year. During her tenure at Disney, Joni led key initiatives for new product development, operational improvement and revenue growth within existing businesses at Walt Disney World in Orlando, FL, Disneyland in Anaheim, CA, Disneyland Paris, Hong Kong Disneyland, Tokyo Disneyland and for new development underway. Included were "Magic Your Way" (pricing strategy and new products and services), "Back to the Basics" (refocus on guest service as a key differentiator) and international growth initiatives for theme parks, adventure tours and cruise line operations. Page 20 of 24 Prior to joining Disney, Joni held management positions in planning and development at both Lockheed Martin and Orlando Regional Healthcare System. She was principally responsible for developing the Certificate of Need to gain state approval for a Pediatric Open Heart Surgery program at ORHS' hospital for women and children. In addition, Joni has served as chair of the Travel Industry Association research committee, helping influence the overall direction and impact the association has on the travel industry as a whole. She has a BA in Statistics from the University of Florida and an MS in Industrial Engineering from the University of Central Florida. CANDY PARKS, Vice President, Integrated Insight Candy Parks is an accomplished executive with nearly 30 years of experience, in the public, private, and non-profit sectors. She is a masterful market researcher, excelling in both quantitative and qualitative studies. Prior to joining Integrated Insight, Candy spent 17 years with Walt Disney Parks and Resorts where she contributed to multi-faceted projects from ground, up development, uncovering and developing solutions to hard-to-solve challenges in existing businesses. Her research covered marketing and sales, pricing, operations, human resources, and strategic development given her unique ability to convert research to insight and insight to action made her a valued partner in all lines of business. For marketing and sales specifically, Candy was responsible for tracking studies, brand research, concept research and usability analysis for online platforms. Candy was instrumental in developing the Guest Satisfaction Measurement program for all of Disney's vacation offerings: theme parks, resorts, Disney Cruise Line, Disney Vacation Club and Adventures by Disney. She also designed and implemented research processes to support Cast Excellence, Leadership Development, and Labor Strategies, and served as the `Chief Intelligence Officer' for Disney Cruise Line - conducting all research to support and guide the current and expanding fleet. Candy was equally influential in developing and driving improved revenue through research for Disney Vacation Club and Adventures by Disney. Page 21 of 24 MICHAEL SCHWEITZER-Vice President, Integrated Insight Michael has a unique background in Finance and Industrial Engineering having led both financial and operational planning of large-scale developments in the United States and overseas for over twenty years. His experience in operations, strategic planning, and development has helped many industry leaders realize millions of dollars in additional revenue and cost savings. Michael was most recently Managing Director of BrightPeak International and prior, with Walt Disney Parks & Resorts where he led the Industrial Engineering/Project Development team focused on capacity, layout, process, and operational planning. Projects have spanned all aspects of operations including attractions/shows, hotels, food & beverage, merchandise and all ancillary operations. Michael intimately understands the nuances of culture on hospitality development with completed projects in China, Hong Kong, Korea, Japan, Singapore, Vietnam, Malaysia, Brazil, and Argentina, and while at Disney, Michael was responsible for feasibility and market studies, competitive assessments, demand projections, pro forma models, and operational planning during the development of both Hong Kong Disneyland and Disney's newest venture in Shanghai, China. In addition to development responsibilities, he also led a team of internal consultants working with the operating lines of business such as Park Operations, Attractions, Entertainment, Hotels, Food & Beverage, Recreation, and Merchandise to drive operational improvements and launch new initiatives. Before joining The Walt Disney Company, Michael was with PKF Consulting where he was focused on economic and market feasibility studies for hotels, resorts and conference centers. Michael is a graduate of The Pennsylvania State University where he received a Bachelor of Science degree in Operations Management. He also holds a Masters of Management in Hospitality from the Hotel School at Cornell University with a focus on Finance and Development. GREG PERKES- President, PerkesWorks! Greg is serving as the local liaison for the SEAtown project. In addition to government relations, he provides property analysis, economic studies, and grants and funding Page 22 of 24 mechanisms. Greg is President of Perkes Enterprises, LLC, dba PerkesWorks! Perkes Enterprises, LLC is a privately-owned company dedicated to building asset value through the development, investment, management, and/or financing of real estate assets. Founded in the early 1990s and headquartered in Corpus Christi, Perkes Enterprises is dedicated to adding value in the projects in which it participates. As an investor/ developer/consultant for office buildings, commercial centers, and other projects, the company is moving forward into development of multifamily housing and mixed-use ventures. Greg's real estate law practice includes representing developers, contractors, investors, and lenders in the acquisition, development, financing, sale, and lease of real estate. In this regard, Greg has experience in all phases of real estate development including planning and structure, acquisition of raw/undeveloped property, construction and development, management of developed property, and finance mechanisms. CHRISTOPHER PERKES- Urban Planning/Design, PerkesWorks! Christopher has worked on transportation and policy at the Texas Sustainable Energy Research Institute in San Antonio; advised on best practices for sustainable modes of bike transportation for the City of San Antonio Office of Sustainability; and works as an intern at The Design Workshop in Austin, where he focuses on comprehensive city master planning. His primary role as the urban planner and sustainable designer on the SEAtown team is to ensure existing area, city, and regional plans are addressed and integrated into the development recommendation, with a mindfulness toward the systems of the site, including water, energy, and waste. In notable honors, Christopher completed a planning practicum in London in which his design team, in conjunction with ARUP and Network Rail, conducted a project to revitalize the area surrounding Clapham Junction, the busiest rail station in the United Kingdom. Recently, Christopher served as team leader of the Urban Land Institute's Hines Student Urban Design & Development competition, which took top national award for their forward-looking redevelopment plan of a mixed-use site in Chicago. Page 23 of 24 In December 2017, Christopher will have earned two master's degrees in Community and Regional Planning and Sustainable Design from the School of Architecture at the University of Texas at Austin and will begin working full time as a planner for Design Workshop in Aspen, Colorado. 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