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Agenda Packet City Council - 01/16/2018
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 16,2018 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 Adam Carrington, Brooks AME Worship Center. C. Pledge of Allegiance to the Flag of the United States to be led by Mike Markle, Chief of Police. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 18-0098 Proclamation declaring January 17, 2018, "Dr. Hector P. Garcia's 104th Birthday Celebration Day". Commendation for Milton Corbin - In Honor of his Service to his Country on his 97th Birthday. Commendation for Pedro C. Ramirez - Honoring Him for His Service to His Country & the City of Corpus Christi Upon His 97th Birthday. Presentation donating to "Mayor's Hurricane Harvey Fund" by St. James Syrian Orthodox Church of Corpus Christi, on behalf of the Archdiocese of City of Corpus Christi Page 1 Printed on 1/15/2018 City Council Meeting Agenda-Final January 16,2018 the Syrian Orthodox Church of North America. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. ELEVATED STORAGE TANKS UPDATE b. OTHER G. MINUTES: 2. 18-0098 Regular Meeting of January 9, 2018. Attachments: Minutes-January_9 2_018 H. BOARD &COMMITTEE APPOINTMENTS: 3. 18-0109 Ad Hoc Nominating Committee -City Auditor Selection Process Attachments: Agenda Mem -Ad Hoc Nominating Committee for City Auditor Board Sheet-Ad Hoc Nominating 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 111512018 City Council Meeting Agenda-Final January 16,2018 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 - 17) 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. 17-1512 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 5. 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 6. 17-1545 Purchase of three 2018 Medic Units for the Fire Department City of Corpus Christi Page 3 Printed on 1/15/2018 City Council Meeting Agenda-Final January 16,2018 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 7. 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 COL 8. 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 9. 17-1570 Accepting Reimbursement funds for Debris Removal Costs Associated with Hurricane Harvey Motion authorizing the City Manager, or designee, to execute all documents necessary to accept $502,449.01 reimbursement from Texas City of Corpus Christi Page 4 Printed on 1/15/2018 City Council Meeting Agenda-Final January 16,2018 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: Agenda Memo- Harvey Reimbursement.docx 10. 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-Salid Waste Presentation-Solid Waste Contract-Solid Waste 11. 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 12. 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. Attachments: Agenda Memo- Pump Motor City of Corpus Christi Page 5 Printed on 1/15/2018 City Council Meeting Agenda-Final January 16,2018 Bid Tabulation- Pump Motor Form 1295-Pump Motor.pdf 13. 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 14. 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 15. 18-0015 Second Reading Ordinance - Rezoning Property Located at 602, 606, and 646 South Clarkwood Road (Requires %vote) (1st Reading 1/9/18) 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 City of Corpus Christi Page 6 Printed on 1/15/2018 City Council Meeting Agenda-Final January 16,2018 approximately 1,880 feet south of State Highway 44. Planninq 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 "RW Recreational Vehicle Park District. Ordinance 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 "RW Recreational Vehicle Park District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 1017-01 Yiu, Inc. (RV Clarkwood Park) Ordinance 1017-01 Yiu, Inc. (Clarkwood RV Park) Zoning Report 1017-01 Yiu, Inc Presentation- 1017-01 Yiu, Inc. (Clarkwood RV Park) Legistar 16. 17-1488 Second Reading Ordinance -Accepting four grants from the Texas Office of the Governor Homeland Security Grant Division (1st Reading 1/9/18) 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. Attachments: Agenda Memo- HSGP 2018 Ordinance- HSGP grant 2018- Fire 17. 17-1572 Second Reading Ordinance -Authorizing a five-year lease agreement for cattle grazing at the Former Westside Landfill -75 acres (1st Reading 1/9/18) 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 City of Corpus Christi Paye 7 Printed on 1/15/2018 City Council Meeting Agedo'qnal January 16,3O10 Location Map-Grazing Lease Westside.pdf Vicinity Map-Grazing Lease Westside.pdf Form 1295-Grazing Lease Westside.pdf Presentation-Grazing Lease. stside revised 1.4.18 L. RECESS FOR LUNCH The City Council will take alunch break adapproximately/:30p.m. M. PUBLIC HEARINGS: (ITEM 18) 18' 1R8-8020 Public Hearing and First Reading Ordinance -Rezoning fora Property located at 7469 Convair Drive (3/4 Vote Required) Case No. 1117-02 Lydia Rios: Achange ofzoning from the ''RG-O^ Single-Family O District to the ''RG-O/GP^ Single-Family O District with a Special Permit (GP). The property is described as Rodd Place#2, Block 4, Lot 18. located at the southwest corner ofConvair Drive and Silver Ganda Drive, east ofRodd Field Road, and north of Holly Road. Planninq Commission and Staff Recommendation (November 15, 2017): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the ''RG-O/GP^ Single-Family O District with a Special Permit (SP)with conditions. Ordinance amending the Unified Development Code (''UOC^), upon application by Lydia Rios (''(}vvner^), by changing the UDC Zoning Map in reference to the property described as Rodd Place#2, Block 4, Lot 18, from the ''RG-O^ Single-Family O District to the ''RG-O/GP^ Single-Family O District with a Special Permit (GP); amending the Comprehensive Plan to account for any deviations; and providing for arepealer clause and publication. Attachments: Agenda Memo 1117-02 Lydi Rios Ordinance 1117-02 Special Permit Lydia Rios with Exhibits Zoning Report 1117-02 Lydia Ri s with Exhibits Presentation 1117-02 Lydia Rios Legistar N. REGULAR AGENDA: (ITEMS 19 -21) The following items are motions, resolutions and ordinances that will boconsidered and voted onindividually. 19' 17-i4<96 Second Reading Ordinance - Rezoning property located at 8154 Leopard Street and 8128 Leopard Street (Public Hearing 12/12/17) (1st Reading 12/19/17) (Tabled 1/9/18) City v,Corpus oouoo Page Printed vn/xmumo City Council Meeting Agenda-Final January 16,2018 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 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-Ardoin Special Permit Revised Conditions Ordinance 0917-02 Ardoin Inc.(PC) Presentation- Revised PP 0917-02 Ardoin Inc. Zoning Report 0917-02 Ardoin Inc. 20. 17-1473 Second Reading Ordinance -Amending the Code of Ordinances to Allow a Third-Party Inspection Reporting System (Council Priority - Water) (1st Reading 1/9/18) 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 a one year agreement with Brycer, LLC, of Warrenville, IL for a third-party inspection reporting system, with the option to renew annually with City Council approval; and providing for penalties and publication. Attachments: Agenda Memo Brycer LLC Revised Ord with Contract 1295 Notarized Signed 21. 17-1456 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 10:00 p.m. to 6:00 a.m.; and providing an effective date, for severance, for penalty and for publication. City of Corpus Christi Paye 9 Printed on 1/15/2018 City Council Meeting Agedo'qnal January 16,3O10 Attachments: Agenda Memo- Barge Dock estriction Ordinance Ordinance- Barge Dock Parking estricitons 2017 Presentation- Barge Dock Parking Restrictions -' FIRST READING ORDINANCES: (ITEMS 22 -28) 22' 1R8-8{}46 First Reading Ondinanoe -Aooepting and appropriating a donation for the Corpus Christi Smoke Alarm Program Ordinance authorizing the City Manager ordesignee toaccept adonation from VVa|nnartinthe amount of$1.00Otobeused tosupport the Corpus Christi Smoke Alarm Program; and appropriating $1.000 from VVa|nnart into the Fire Grant Fund No. 1062. Attachments: Agenda Mem -Walmart donation Ordinance-Walmart donation 23' 1D8-{X}50 First Reading Ondinanoe -Aooepting and appropriating the 2017 Helping Heroes Grant Program funds Ordinance authorizing the City Manager or designee to accept a grant from Koch Companies Public Sector, LLC 2017 Helping Heroes Grant Program in the amount of$10,000.00 to be used to purchase a Hazardous Chemical Detector; and appropriating $10,000.00 from Koch Companies Public Sector; LLC into the Fire Grant Fund No. 1062 . Attachments: A2enda Memo-_Helpin_q Heroes Koch Ordinance- Helping Heroes Koch 24. 1R8-{X}47 First Reading Ondinanoe -C|osinguti|ity easement located south of Yorktown Boulevard between Malamute Drive and Bay Drive Ordinance abandoning and vacating O.157acre ofanexisting utility easement out ofaportion ofRodd Village, Block 2. Lots O.7.8.9and 1O. located south ofYorktown Boulevard between Malamute Drive and Bay Drive and requiring the owner, Hooten Family Trust and Thomas Nathan Clark, tocomply with the specified conditions. Attachments: Aqenda Memo- Rodd Village Easement Closure Ordinance with Exhibits-Rodd Village Easernen Closure Presentation- Rodd ViLlage Easement Closure L 25' 1R8-{X}49 First Reading Ondinanoe -C|osingofauti|ity easement located at 4002 and 4018 South Padre Island Drive Ordinance abandoning and vacating O.O44Oacre ofanexisting utility easement out ofGeo J. Merriman Subdivision, Lots 1+Aand 4+A. located at4OO2and 4O18South Padre Island Drive and requiring the owner, City v,Corpus oouoo Page 10 Printed vn/xmumo City Council Meeting Agedo'qnal January 16,3O10 Weber Dorado Partners, LLC., to comply with the specified conditions. Attachments: Ordinance with Exhibits-Geo J Merriman Presentation-Geo J Merriman L 26. 1R8-8{}48 First Reading Ondinanoe -Appnova| ofagnmemmentand appropriating funds for AEL Development, LLC, for the Wastewater Collection Line Extension Construction and Reimbursement Agreement Ordinance authorizing City Manager ordesignee to execute avvaatevvater collection line extension construction and reimbursement agreement (''Agreennent^)with AEL Development, LLC. (''Oeve|oper^), for the construction ofasanitary sewer collection line and appropriating $52.514.9Ofrom the No. 4220 Sanitary Sewer Collection Line Trust Fund bzreimburse the Developer inaccordance with the Agreement. Attachments: AgendaMerno Airline Estates Ordinance with Exhibits 27' 1[7-1K52y] First Reading Ondinanoe -AmmendingCityCode of Ordinances, Revising the City's Drought Contingency Plan (Council Priority - Water) Ordinance revising Drought Contingency Plan; Amending City Code of Ordinances, Chapter 55. Article}(|| Water Resource Management, regarding water resource management including drought restrictions, providing aneffective date ofFebruary 1. 2O18; and providing for penalties. Attachments: Ordinance- Drought Confinqenc Plan Chan e ARTICLE X11 WATER RP 2018 Drought Contingency Plan 11517withmarkups 28. 1R8-{X}16 First Reading Ordinance -Construction Contract for Mary Rhodes Pipeline Protection Upgrade (Capital Improvement Program) (Council Priority -\MatmM Ordinance rejecting the apparent low bid of Down South Field Services, Inc. aanon-responsive and authorizing the City Manager toexecute a contract with Integrated Corrosion Companies, Inc. of Houston, Texas as the lowest responsive/responsible bidder in the amount of$525,732.63 for the Mary Rhodes Pipeline Cathodic Protection Upgrades. Attachments: Ordinance-Alternate Low Bidder Mary Rhodes Pipe Cahtodic rotection City v,Corpus oouoo Page 11 Printed vn/xmumo City Council Meeting Agedo'qnal January 16,3O10 Project Budget- MR Pipeline Location Map- MR Pipeline Letter of Recommendation- MR P. FUTURE AGENDA ITEMS: (ITEMS 29 -37) The following items are for Council's informational purposes only. Noaction will botaken and nopublic comment will bosolicited. 29. 1R8-8{}19 Professional Services Contract for Parks Master Plan Update Motion authorizing the City Manager, ordesignee, toexecute a professional services contract with Freese and Nichols of Corpus Chriad. Texas in the amount of$72,555 for the Parka Master Plan Update. Attachments: Agenda-Memo - Parks MasterPlanUpdate ProjeectBudget_-__Parks Master P1an_Update.x1sx Contract- Parks Master Plan FNI__si_qned__w_1295.p Presentation- Parks Master PlanUpdat 30' 1D8-{X}11 Construction Contract for Yorktown Boulevard from Lake Travis Drive to Everhart Road (Bond 2O14, Proposition 1) (Council Priority - Streets) Motion authorizing the City Manager, ordesignee, toexecute a construction contract with Berry Contracting LP dba Bay. Ltd. of Corpus Chriad. Texas in the amount of$2,028,791.86 for Yorktown Boulevard from Lake Travis Drive to Everhart Road for the Base Bid. (Bond 2014 Proposition 1) Attachments: Agenda Mem -Yorktown from Lake Travis to Everhart Project Budget- orktown from Lake Travis to Everhart Location Map-Y rktown from Lake Travis to Everhart Presentation-Yorktown from Lake Travis to Everhart Recommendation Letter-Yorktown from Lake Travis to Everhart 31. 17-1566� Construction Contract for Staples Street from KostoryzRoad to BnmwnerParkxxmy (Bond 2O12, Proposition 1) (Council Priority - Streets) Motion authorizing the City Manager, ordesignee, toexecute a construction contract with ReyteoConatruotion Resources, Inc., of Houston, Texas inthe amount of$1O.715.524.3Ofor Staples Street from Koatoryz Road to Bravvner Parkway for Base Bid 1 (PCC). (Bond 2012 Proposition 1) City Council Meeting Agedo'qnal January 16,3O10 Attachments: Location Map-Staples from Kostoryz to Brawne Presentation-Staples from Kostoryz to Brawne 32. 17-157y4 Contract Amendment No. 2 for Allison Wastewater Treatment Plant Lift Station and Plant Improvements (Capital Improvement Plan) Motion authorizing the City Manager, ordesignee, toexecute Amendment No. 2 to a professional services contract with Urban Engineering. of Corpus Christi, Texas inthe amount of$O18.9O2. for atotal restated fee of $912,522, for Allison Wastewater Treatment Plant (WWTP) Lift Station and Plant Improvements for design, bid, and construction phase services. (Capital Improvement Program - C|P) Attachments: Agenda Mem -Allison WWTP Presentation-Allison WWTP Contract-Allison WVVTP 33' 1[7-1K56K9 Construction Contract for LaYfo||aCreek Drainage Channel Excavation, Phase 1 (Capital Improvement Program) Motion authorizing the City Manager, ordesignee, toexecute a construction contract with Haas Anderson Construction of Corpus Christi, Texas inthe amount of$1.25O.389for the LaVo||aCreek Drainage Channel Exoavadon, Phase 1 project (Capital Improvement Program). Attachments: Agenda Mem - La Voila Creek Location Map- La Voila Creek.pdf Presentation- La Voila Creek Letter of Recommendation- La Voila Creek Form 1295-La Voila Creek- HAC 34. 17-1553� Supply Agreement for Brass Fittings for the Water Department (Council Priority -\MatmM Motion authorizing the City Manager ordesignee toexecute asupply agreement with Ferguson Enterprises, Inc. of Corpus Chriad. Texas for Brass Fittings for the Water Department in accordance with Request for Bid (RFB) No. 1362. based on the lowest reaponaive, responsible bid fora total amount not toexceed $144.149.15. with $32.O33.00budgeted in F`y2O17-18. The term ofthis agreement iafor 3O months. City v,Corpus oouoo Page 13 Printed vn/xmumo City Council Meeting Agedo'qnal January 16,3O10 Attachments: Agenda Memo- Brass Fittings Bid Tabulation- Br 35' 1R8-8{}17 Service Agreement for Debris Removal for one year not-to-exceed amount of$279,51O, with two additional one-year options for a potential multi-year amount upto $838,530 Motion authorizing the City Manager ordesignee toexecute aservice agreement with CrovvderGu|f. LLC of Theodore, Alabama for Debris Removal for the City of Corpus Christi in accordance with Request for Bid (RFB) No. 1372, based on the lowest reaponaive, responsible bid fora total amount not-to-exoeed $279.51O. budgeted in F`y2O17-18; the term of this agreement iafor one year with option toextend for uptotwo additional one-year periods, by mutual agreement, with atota| potential multi-year amount ofupto $838.530. Attachments: Agenda Mem - Debris Removal Services Bid Tabulation- Debris Removal Services Se[yj��t- Debris Removal Services 36' 1R8-8095 Homebuyer Assistance Program Amendment No. 1 between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi Motion toapprove anamendment tothe agreement between the Corpus Christi Business and Job Development Corporation and the City ofCorpus Christi for the Type AAffordab|e Housing Program - Homebuyer Assistance Program and increasing expenditures inthe Business and Job Development Fund No. 1140by $100.000. Attachments: Amendment No 1 -Type A and HQQ Agreement 2.15.17 37. 1R8-{X}51 Resolution creating the Corpus Christi BCorporation and adopting aCertifioatmofFormmation (Counoi| Priority -Eoonommio Development) Resolution finding that itiaadvisable that the Corpus Christi BCorporation be created as a Type B Corporation under the Development Corporation Act of1979and governed bychapters 5O1 and 5O5ofthe Texas Local Government Code, approving Certificate Of Formation for the corporation, and specifying the public purposes which the corporation may further on behalf ofthe City ofCorpus Christi. Attachments: Agenda Memo-Type B Cet icate of Formation Resolution -Creating Type Q and Approving Cert ficate of Formation City v,Corpus oouoo Page 14 Printed vn/xmumo City Council Meeting Agenda-Final January 16,2018 Certificate of Formation-Corpus Christi Type B Corporation� Presentation-Type Q Certificate of Formation Q. BRIEFINGS: (ITEMS 38 -42) 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. 38. 17-1558 Preserving the Birth and Death Records of the City of Corpus Christi Attachments: Agenda Memo(CCNCPHD V.R. 12-19-2017 Presentation to CoundhQ-12-11-21 Presentation-Preserving the_Birth Death Records of the CCCP-1-12-201.8- 39. 18-0039 Corpus Christi Fire Department Staffing Update Attachments: Agenda Memo- Fire Staffing Update Presentation- Fire 40. 18-0099 Bayfront Master Plan Attachments: Agenda Memo- Bayfront Master Plan Bayfront Master Plan CC Briefing 1.16.18 DM 1.12.18 41. 18-0107 Municipal Solid Waste (MSW) Charge Update Attachments: Agenda Memo- MSW Presentation- MSW Charge 42. 18-0108 Bond Sale Request for Additional Landfill Capacity Attachments: Agenda Mem -Sector 3C Presentation-Sector 3C R. EXECUTIVE SESSION: (ITEMS 43 -45) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 43. 18-0053 Executive Session pursuant to Section Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the natural gas City of Corpus Christi Page 15 Printed on 111512018 City Council Meeting Agenda-Final January 16,2018 utility system. 44. 18-0110 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, and potential creation of entities that could provide or assist in the provision of the 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 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). 45. 18-0114 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 municipal solid waste system service charge, Section 21-47 et seq. of the Corpus Christi Code of Ordinances, state, federal, and local regulation of solid waste disposal and transportation, and federal and state constitutional provisions related to flow control, land development, and municipal charges and fees. 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 16 Printed on 1/15/2018 w 1201 Leopard Street City of Corpus Christi td� � Corpus Christi,TX 78401 �I b, 4 cctexas.com Meeting Minutes 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. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 11:34 a.m. B. Invocation to be given by Pastor Rob Baley, Southside Community Church. Pastor Rob Bailey gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Sarah DeLeon, Victim Case Manager, Police Department. City Hall Police Liaison Marc Harrod 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,City Secretary Rebecca L. Huerta. City of Corpus Christi Page 1 Printed on 1/12/2018 City Council Meeting Minutes January 9,2018 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. 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. Mayor McComb presented the proclamations and conducted the swearing-in ceremony for newly appointed board and committee members. G. MINUTES: 2. Regular Meeting of December 19, 2017. Mayor McComb deviated from the agenda and referred to approval of the minutes.Council Member Vaughn made a motion to approve the minutes, seconded by Council Member Rubio and passed unanimously. H. BOARD &COMMITTEE APPOINTMENTS: 3. Corpus Christi Aquifer Storage and Recovery Conservation District Mayor McComb referred to board and committee appointments.The following appointments were made: Corpus Christi Aquifer Storage and Recovery Conservation District Council Member Garza made a motion to confirm the appointment of the following officers: Fred Segundo(President), Dan McGinn (Vice-President),and Tom Tagliabue(Secretary),seconded by Council Member Lindsey-Opel and passed unanimously. City of Corpus Christi Paye 2 Printed on 1/12/2018 City Council Meeting Minutes January 9,2018 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.Jack Gordy,4118 Bray,spoke regarding a blocked sidewalk located on Everhart Road near The Palms Nursing Home. Rick Milby,4412 High Ridge Drive,requested that the City Council authorize waiving permit fees for a cross structure. 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.Joan Veith,5701 Cain Drive, expressed gratitude to the Gas Department employees who responded to her call at her home.Sirfrederickvon USA King VII, 1442 Arlington,spoke regarding his recent arrest by the Corpus Christi Police Department in the City Hall parking lot. Bob Clements spoke regarding the stray and dead animal situation in Corpus Christi. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb deviated from the agenda and referred to City Manager's Comments. City Manager Margie C. Rose reported on the following topics: C. OTHER 1) City Manager Rose provided a recap of the following items that City Council approved in the month of December related to the City Council's goals: Economic Development-the lease agreement for a flight school to operate at the Corpus Christi International Airport;and Streets -the work plan recommending streets for the 5th year of the Street Preventative Maintenance Program and a contract with LNV, Inc.to continue the implementation of the program in 2018,and initiating a Master Service Agreement for the proposed Bond 2018, Propositions 1,2 and 3.2) Collection of debris resulting from Hurricane Harvey began in Area 9 on Monday,January 8,2018.The City is requesting that residents living in Area 10 begin setting out debris for collection by 7:00 a.m.beginning Monday,January 15,2017. 3)In the ongoing efforts to keep citizens informed,the City has created a 2018 City of Corpus Christi calendar.The calendar features information regarding the 2017 service delivery throughout the organization and key information for 2018,including the brush and recycling schedules.The calendar is available for digital download and print from www.cctexas.com under the Info tab. Limited printed copies are available at the City Hall Information Desk.City Manager Rose thanked Director of Communications Kim Womack and her team for putting the calendar together in a short time period. City of Corpus Christi Page 3 Printed on 1/12/2018 City Council Meeting Minutes January 9,2018 a. UTILITY BILLING SOFTWARE CONVERSION Director of Financial Services Constance Sanchez stated that the purpose of this item is to provide a report on the Utility Billing Software Conversion.The presentation team included:Assistant City Manager Sylvia Carrillo-Trevino; Director of Information Technology Belinda Mercado; Utility Business Office Manager Margaret Morin; and Director of Communications Kim Womack.Ms. Sanchez reported that the utility billing conversion was successfully implemented and began on December 18,2017. The City Hall Utility Business Office(UBO)has been open since that time.Customers may pay their utility accounts by mail,in person at Central Cashering or a substation, by phone and on the new online portal. Citizens paying online will need their new account numbers in order to register online.The new account numbers can be found on the December utility bills or by contacting UBO.If the lines are business, customers are asked to leave their name and number and a representative from UBO will contact them within 24 hours.In reference to sending out utility bills,staff has been doing their due diligence to ensure that bills are accurate. Because of this process and due to the holidays,the December bills were delayed. Due to the delay in sending out utility bills, due dates were compressed.Staff will work with customers if they are unable to pay their bill by the due date and will establish any payment arrangements if necessary. There were no late fees assessed for this month.Ms.Sanchez thanked staff for working on the conversion and acknowledged Project Manager Gloria Posada for her leadership during this process. Ms.Sanchez thanked the utility customers for their patience and ensured that staff will continue to improve their experience. Council members discussed the following topics:a council member publicly thanked Assistant Director of Financial Services Alma Casas for her customer assistance; increases to customer utility bills being attributed to a slightly longer billing cycle in December and not to the increase in wastewater rates effective January 1,2018; clarification that the new account numbers can be found on the bill for utility usage for the month of December which will be received in January; and whether there was an additional fee for paying the utility bills online. b. REVIEW OF WASTEWATER RATES Assistant Director of Support Services with Water Utilities Reba George stated that the purpose of this item is to provide a review of the wastewater rates, specifically the recent change from the winter-averaging rate structure to the adopted rate structure based on water usage.The presentation team included: Assistant City Manager Mark Van Vleck and Executive Director of Utilities Dan Grimsbo.Ms.George presented the following information:assumptions for wastewater rates;the new wastewater structure including a minimum charge with a tiered rate structure;a summary of the previous and adopted rate structure;a comparison of sample bills for water and wastewater rates;a summary of wastewater rate structure for all rate classes;and a customer usage profile of residential customers. Council members and staff discussed the following topics:the increase to December utility bills being based on the conversion process and not due to the adopted wastewater rates;the tiered rate structure based on actual usage; City of Corpus Christi Page 4 Printed on 1/12/2018 City Council Meeting Minutes January 9,2018 an explanation of the sample bill for water and wastewater;the reduction in water usage today in comparison to 20 years ago;a council member presented statements received in a letter submitted by Robert Kent regarding: determining rates based on summer months; notices regarding the changed rate structure were only sent to customers who received paper bills and not to customers who receive electronic bills; comments made by staff during a meeting regarding the change in structure; the average usage by residential customers; a comparison of the winter-averaging structure to the new tiered structure;the new structure being a fair way to charge the entire community; charges for a secondary meter for irrigation;that the reasons presented to City Council for changing the rate structure from winter-averaging was because customers were confused about their billing; discussions regarding U.S. Environmental Protection Agency(EPA)and the threat of litigation;the need to have better communicated to customers the adopted changes;the rates being revenue neutral;the effects on the City's deteriorating wastewater infrastructure if the rates had not been changed;the use of technology which would allow customers to calculate their wastewater rates;the total amount of revenue received last year; City Manager Margie C. Rose reported on the media coverage to inform the public of the adopted changes; a communication plan which will include assistance from council members to get information out to the public;and researching what other cities across the state are doing to manage wastewater. Mayor McComb called for comments from the public. Bob Kent,326 Cape Cod, stated that he was not opposed to the city increasing wastewater rates.Mr Kent stated that he opposed changing the structure from winter-averaging to the amount of water usage for measuring wastewater rates. Mr. Kent stated he would like to see a reduction of the usage cap from 25,000 gallons to a lower amount.Virginia Jevric,325 Cape Cod,stated that she supports a fee to support infrastructure improvements,but does not support paying for what is going into the wastewater system. I. EXPLANATION OF COUNCIL ACTION: BRIEFINGS: (ITEM 29) 29. SEAtown Proposal Mayor McComb deviated from the agenda and referred to Item 29.Assistant City Manager Keith Selman stated that this item was requested to be placed on the agenda regarding a potential development within Corpus Christi's SEAtown located underneath the current Harbor Bridge.The presentation team included: Greg Perkes, President of PerkesWorks!; Duncan Kennedy, IDEAS Group; and Ron Benavides. Mr. Perkes stated that the purpose of this item is to propose to present a proposal to conduct a master plan and implementation plan for the SEA District to become a premier destination in Corpus Christi.Mr. Perkes presented the following information:the partnership team;the purpose of the project;the scope of work;and deliverables.Mr. Kennedy provided information on:the IDEAS company; IDEAS snapshot; their partners for market intelligence and design and architecture; the value vectors; and examples of experience on other projects.Mr. Benavides concluded the presentation by thanking the City City of Corpus Christi Page 5 Printed on 1/12/2018 City Council Meeting Minutes January 9,2018 Council for the opportunity to present the project. Council members and the presentation team discussed the following topics: whether the group has met with property owners and stakeholders;the request for$33,000 each from the City, Nueces County,and the Regional Transportation Authority(RTA); the companies where IDEAS has applied similar concepts;the need to go out for Request for Proposals(RFP); ownership of the property; whether IDEAS has done work in Corpus Christi; discussions with Nueces County and the RTA and whether there is support from those agencies; whether the presentation team has had discussions with Bill Durrill;a comment from a council member that the project is a private venture;what the initial investment would provide;and a request for the presentation team to provide a list of the members of the RTA and Nueces County they have contacted. R. EXECUTIVE SESSION: (ITEMS 30 AND 32) Mayor McComb deviated from the agenda and referred to Executive Session Items 30 and 32.The Council went into executive session at 1:50 p.m. The Council returned from executive session at 2:36 p.m. 30. 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 personal injury claims against the City by Lawrence and Rhonda Balderas as a result of personal injuries sustained by Lawrence Balderas on or about April 11, 2017. Mayor McComb referred to Item 30 and the following motion was considered: Motion to authorize the City Manager or designee to execute all documents necessary to settle claims against the City by Lawrence and Rhonda Balderas as a result of personal injuries sustained by Lawrence Balderas on or about April 11,2017,in a total amount not to exceed$100,000. Council Member Vaughn 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: M2018-001 32. 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. This E-Session Item was discussed in executive session. City of Corpus Christi Page 6 Printed on 1/12/2018 City Council Meeting Minutes January 9,2018 L. RECESS FOR LUNCH The recess for lunch was held during the executive sessions regarding Items 30 and 32. K. CONSENT AGENDA: (ITEMS 4 - 10) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda.Council members requested that Items 8 and 10 be pulled for individual consideration.A citizen requested to speak regarding Item 10.City Secretary Rebecca L. Huerta announced that Council Member Smith was abstaining on Item 8. A motion was made by Council Member Lindsey-Opel,seconded by Council Member Garza,to approve the Consent Agenda. The consent agenda was passed and approved by one vote as follows: 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 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 passed on the consent agenda. Enactment No: 031329 5. 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 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 City of Corpus Christi Page 7 Printed on 1/12/2018 City Council Meeting Minutes January 9,2018 Labatt Food Services and $8,468.00 from Hill Country Dairies. This Resolution was passed on the consent agenda. Enactment No: 031330 6. 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 passed on the consent agenda. Enactment No: 031331 7. Second Reading Ordinance -Amending the 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 8.1.6.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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031332 9. 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031333 8. Second Reading Ordinance - Rezoning property located at 8154 City of Corpus Christi Paye 8 Printed on 1/12/2018 City Council Meeting Minutes January 9,2018 Leopard Street and 8128 Leopard Street (Public Hearing 12/12/17) (1st Reading 12/19/17) 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. 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. 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. Mayor McComb referred to Item 8, rezoning of property located at 8154 and 8128 Leopard Street.In response to a council member,Interim Director of Development Services Bill Green stated that the requirements agreed upon by the neighborhood and the applicant are not incorporated in the ordinance and would be conditions of the building site plan development approval.A brief discussion ensued regarding tabling the ordinance and directing staff to bring back the ordinance with a special permit to include the conditions.Council Member Smith abstained on this item. Council Member Vaughn made a motion to table this item,seconded by Council Member Rubio.This item was tabled with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Vaughn Abstained: 1 - Council Member Smith 10. 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 City of Corpus Christi Paye 9 Printed on 1/12/2018 City Council Meeting Minutes January 9,2018 Program (CIP)) Mayor McComb referred to Item 10. 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 award a construction 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. Mr. Edmonds explained that the design engineer and staff are recommending that COBRA/CYMI JV be deemed non-responsive for failure to demonstrate their statement of experience of completed projects that are similar in size and complexity to the project being bid. Dan Leyendecker, LNV, Inc.,was available to respond to questions. Mayor McComb called for comments from the public.Issa Dadoush, representative of COBRA/CYMI JV,815 Walker,Suite 1140, Houston,Texas, spoke regarding the City's budget constraints and questioned why the City would support a bid that is$1,080,010 more than the bid submitted by COBRA/CYMI.Mr. Dadoush stated that he strongly disagreed with LNV,Inc.'s recommendation; questioned the competitive bidding process;and addressed the lack of communications with staff. Mr. Dadoush urged the City Council to reject the recommendation and award the project to COBRA/CYMI JV. Council members questioned Mr. Dadoush regarding: his comments regarding the competitive bidding process; communications with LNV, Inc.as the consultant representing City staff;and whether COBRA/CYMI JV met the requirements of the bidding process.Joseph Ramirez spoke in support of awarding the project to COBRA/CYMI JV to save the taxpayers'money.A citizen identified as Rachel spoke regarding saving$1 million in taxpayer funds and using those funds to address infrastructure. Council members,staff and Mr. Leyendecker discussed the following: whether the statement of experience was limited to projects completed in Texas; LNV, Inc.'s willingness to waive the Texas experience requirement;statements made regarding a competitive advantage for certain bidders; changes from the original bid and addendum#5; contact with COBRA/CYMI's references;the number of bids received for this project; cost versus experience; the engineer's opinion of probable construction cost of$27,526,000;and the ability of bidders to ask for clarification during the bidding process. Council Member Vaughn made a motion to approve the ordinance,seconded by Council Member Lindsey-Opel. This ordinance was passed on second 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 Enactment No: 031334 M. PUBLIC HEARINGS: (ITEM 11) 11. Public Hearing and First Reading Ordinance -Rezoning Property Located at 602, 606, and 646 South Clarkwood Road (Requires % City of Corpus Christi Page 10 Printed on 1/12/2018 City Council Meeting Minutes January 9,2018 vote) 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. 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. Ordinance 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. Mayor McComb referred to Item 11.Interim Director of Development Services Bill Green stated that the purpose of this item is to rezone the subject property to allow for the development of a 172-pad recreational vehicle park.Mr.Green stated that the Planning Commission and staff are in favor of the zoning change.Mr. Green reported that 29.28%opposition was received and approval will require three-fourths vote of the City Council. Council members and staff discussed the following topics:the reasons identified for opposing the rezoning; use of the property as currently zoned; the location of the property;and the requested zoning being less intensive than the current zoning. Mayor McComb opened the public hearing.Amanda Morales, representative of Yes Communities which owns Sea Mist Mobile Home Park,stated that her company was in opposition to the zoning change.Mayor McComb closed the public hearing. Council Member Vaughn made a motion to approve the ordinance,seconded by Council Member Hunter. This ordinance was passed on first reading and approved with the following vote: Aye: 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 City of Corpus Christi Page 11 Printed on 1/12/2018 City Council Meeting Minutes January 9,2018 N. REGULAR AGENDA: (ITEMS 12 - 13) 12. 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. Mayor McComb referred to Item 12. Director of Engineering Services Jeff Edmonds stated that the purpose of this item is to authorize the City Manager or designee to proceed with the issuance of a Request for Qualifications(RFQ) for a Public-Private Partnership(PE) Program Manager to act as the City's representative for the Wastewater Management Program Implementation.On the direction of City Council, Engineering Services published a Request for Information (RFI)for Wastewater Management Program Implementation and received responses in November. Council members and staff discussed the following topics:whether the City has ever done the P3 process;whether staff has had discussions with the Port of Corpus Christi Authority or other entities regarding their experience with the P3 process; information provided from the Stantec report; concern that the City discuss this issue with the City's new financial advisor to verify whether the City can afford to proceed with the program and the effect on ratepayers;the importance of hiring a program manager to guide staff through the process; the condition of the wastewater plants; a council member's comments that timing is critical and moving forward with the RFQ process; moving forward with the RFQ process would not require a commitment from the City to proceed; directing staff to meet with the financial advisor while proceeding with the RFQ process; reducing the number of responses to the RFI;the timeframe for the RFQ process;who is anticipated to respond to the RFQ;the group that will vet the qualifications provided in the RFQ;a comparison of the American Bank Center to the P3 process; how the contract will be structured; and the difference between an owner's representative and a P3 provider. Council Member Smith made a motion to approve the resolution,seconded by Council Member Hunter.This resolution was passed and approved with the following vote: Aye: 7- Mayor McComb, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Nay: 2- Council Member Garza and Council Member Vaughn Abstained: 0 Enactment No: 031335 13. Second Reading Ordinance - Nueces Electric Cooperative Electric Franchise (28-Day Delay Required) (1st Reading 11/7/17) City of Corpus Christi Page 12 Printed on 1/12/2018 City Council Meeting Minutes January 9,2018 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. Mayor McComb referred to Item 13.City Attorney Miles K. Risley stated that the purpose of this item is to grant a new electric franchise to Nueces Electric Cooperative.There were no comments from the Council or the public. Council Member Smith made a motion to approve the ordinance,seconded by Council Member Lindsey-Opel.This ordinance was passed on second 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 Enactment No: 031336 O. FIRST READING ORDINANCES: (ITEMS 14 - 16) 14. First Reading Ordinance -Accepting four grants from the Texas Office of the Governor Homeland Security Grant Division 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. Mayor McComb referred to Item 14. Fire Chief Robert Rocha stated that the purpose of this item is to accept four grants from the Texas Office of the Governor-Homeland Security Division.There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Lindsey-Opel.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 City of Corpus Christi Page 13 Printed on 1/12/2018 City Council Meeting Minutes January 9,2018 15. First Reading Ordinance -Amending the Code of Ordinances to Allow a Third-Party Inspection Reporting System (Council Priority -Water) 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. Mayor McComb referred to Item 15.Interim Director of Development Services Bill Green stated that the purpose of this item is to amend the City's Code of Ordinances to allow a third-party inspection reporting system for backflow preventers and authorize the execution of a one-year auto-renewing agreement with Brycer, LLC for a third-party inspection reporting system.The presentation team included: Building Official and Interim Assistant Director of Development Services Gene Delauro and Assistant Fire Chief Randy Paige. There were no comments from the public. Council members and the presentation team discussed the following topics: removing the reference to an auto-renewal of the agreement and bringing the agreement back to City Council for approval;the City's access to the reports; whether the Development Services Department will have a shortfall in revenue by a third-party contracting the process;and existing staff currently performing the functions being reassigned to other department functions. Council Member Vaughn made a motion to remove the auto-renewal to bring back for City Council approval every year,seconded by Council Member Guajardo and passed unanimously. Council Member Lindsey-Opel made a motion to approve the ordinance as amended,seconded by Council Member Molina.This ordinance was passed on first reading as amended 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 16. 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. Mayor McComb referred to Item 16,the execution of a five-year lease City of Corpus Christi Page 14 Printed on 1/12/2018 City Council Meeting Minutes January 9,2018 agreement at the former Westside Landfill for grazing cattle. Director of Solid Waste Operations Lawrence Mikolajczyk and council members discussed the following topics:the total annual lease payment;the proximity of the landfill to the Castle River Subdivision; and whether the Solid Waste Department has received complaints regarding odor.There were no comments from the public. Council Member Smith made a motion to approve the ordinance,seconded by Council Member Guajardo. 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 P. FUTURE AGENDA ITEMS: (ITEMS 17 -27) Mayor McComb referred to Future Agenda Items.City Manager Margie C. Rose stated that staff had planned presentations on Items 21,22,and 24.A council member requested information on Item 17. 17. 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. This Motion was recommended to the consent agenda. 18. 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. This Motion was recommended to the consent agenda. 19. 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 City of Corpus Christi Page 15 Printed on 1/12/2018 City Council Meeting Minutes January 9,2018 are budgeted for FY2017-18 in the Fleet Maintenance Service Fund. This Motion was recommended to the consent agenda. 20. 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. This Resolution was recommended to the consent agenda. 21. 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. This Motion was recommended to the consent agenda. 22. Accepting Reimbursement funds for Debris Removal Costs Associated with Hurricane Harvey 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. This Motion was recommended to the consent agenda. 23. 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 City of Corpus Christi Page 16 Printed on 1/12/2018 City Council Meeting Minutes January 9,2018 2018. This Motion was recommended to the consent agenda. 24. 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) This Motion was recommended to the consent agenda. 25. 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. This Motion was recommended to the consent agenda. 26. 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. This Resolution was recommended to the consent agenda. 27. 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 City of Corpus Christi Page 17 Printed on 1/12/2018 City Council Meeting Minutes January 9,2018 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. This Motion was recommended to the consent agenda. Q. BRIEFINGS: (ITEM 28) 28. Report on Code Enforcement Activities Mayor McComb referred to Item 28. Police Commander David Blackmon stated that the purpose of this item is to provide a report on Code Enforcement Activities.The presentation team included: Police Chief Mike Markle; Police Captain Chris White; and Superintendent of Code Enforcement David Prado. Commander Blackmon presented the following information:the best practices approach for expanding law enforcement and partnership programs and to reach lasting relationships with the community; common code violations;the process for dealing with Code Enforcement violations;the efforts to eliminate blighted conditions to reduce criminal activity;statistics on the number of calls for service in FY16-17 by Police district;the total number of violations in FY16-17;the abatement funds for FY16-17 and to date in FY17-18; the process regarding junk vehicles and the number of violations in FY16-17; the number of cases presented to the Building Standards Board;and the future of Code Enforcement. After Commander Blackmon's presentation,the following topics were discussed: the number of violations in the Tuloso area;the total number of Code Enforcement officers with the consolidation of officers from within other city departments who conduct singular code enforcement duties; the process for verifying that junk vehicles are inoperable; demolition of substandard structures; utilization of drones to identify code violations;the state law requirement that all seized junk vehicles be destroyed; removal of illegal signs in City rights-of-way;violations for structures still boarded after Hurricane Harvey;the department to contact regarding handicapped parking violations; the number of days between Steps 2 and 3 of the process for dealing with Code Enforcement violations; and researching the technology used in other cities to access information related to Code Enforcement. S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Mayor McComb deviated from the agenda and referred to Identify Council Future Agenda Items.The following items were identified with the consent of the City Council: developing a policy regarding contract management and an update from the Nueces County Appraisal District including: information on the $1.7 million property tax reduction for Valero Refining,a status on the Flint Hills litigation,and a report from City staff on the potential related impact in the next budget cycle. City of Corpus Christi Page 18 Printed on 1/12/2018 City Council Meeting Minutes January 9,2018 R. EXECUTIVE SESSION: (ITEM 30) Mayor McComb referred to Executive Session Item 31.The Council went into executive session at 6:01 p.m.The Council returned from executive session at 6:53 p.m. 31. 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, and potential creation of entities that could provide or assist in the provision of the 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 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. T. ADJOURNMENT The meeting was adjourned at 6:53 p.m. City of Corpus Christi Page 19 Printed on 1/12/2018 se o� � AGENDA MEMORANDUM Action Item for the City Council Meeting of January 16, 2018 NORPOR PE 1852 DATE: January 11, 2018 TO: Mayor and Council FROM: Rebecca L. Huerta, City Secretary Rebecca H@cctexas.com (361) 826-3105 Appointment of Ad Hoc Nominating Committee for City Auditor Vacancy CAPTION: Appointment of Ad Hoc Nominating Committee for City Auditor Vacancy. PURPOSE: As part of the selection process to fill the City Auditor vacancy, the City Council appoints an ad hoc nominating committee to recommend candidates for city auditor for the full Council's consideration. BACKGROUND AND FINDINGS: Per City Code Section 12'/2-8, when a vacancy occurs in the office of the city auditor, the City Council appoints an ad hoc nominating committee to recommend candidates for the position to the full Council. The committee is composed of the following five members: 3 — City Council members nominated by the Council Audit Committee 1 —At Large City of Corpus Christi resident 1 — City Manager or Designee On January 10, the Audit Committee nominated Council Members Greg Smith, Carolyn Vaughn, and Debbie Lindsey-Opel to serve on the committee. City Manager Margie C. Rose has designated Human Resources Director Steve Viera as her representative on the committee. The Audit Committee is actively recruiting a Corpus Christi resident for the remaining position, and will provide a name(s)at the Council meeting for the Council's consideration. To appoint the members, the Council would pass a motion confirming the appointments of the nominated City Council members and the City Manager's designee; and appointing the City resident once named. CONFORMITY TO CITY POLICY: Conforms with the Code of Ordinances, Section 12'/2-8. DEPARTMENTAL CLEARANCES: Council Audit Committee City Manager's Office FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Q Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): N/A SUPPORTING DOCUMENTS: Board Sheet Ad Hoc Nominating Committee - City Auditor Selection Process January 16, 2018 Five(5) members representing the following categories:3-Council Members nominated by the Council Audit Committee; 1-At Large City of Corpus Christi resident; and 1-City Manager or designee. (NOTE: The Audit Committee has nominated Council Members Debbie Lindsey-Opel, Greg Smith, and Carolyn Vaughn. City Manager Rose has named Human Resources Director Steve Viera as her designee. To formally appoint, the Council would pass a motion confirming the appointments.) u Debbie Lindsey-Opel Council Member Audit Committee Member Greg Smith Council Member Audit Committee Chair Carolyn Vaughn Council Member Audit Committee Member VACANT City Resident Steve Viera City Manager's designee HR Director 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-911691.Y-RIG, 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 Henryaimao, 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*da( 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-BRUBI.Y-RIG, 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 CorpLis 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-911691.Y-RIG, 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 (13 V 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 12 — JCE ROUTINE/NON - ROUTINE GCCS OM&M 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 (13 V 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 and Maintenance Services 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 lOB and 12B), unit cost, per event basis (Tasks 10A, 11, and 12A), or time-and-materials basis (Tasks IOC 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 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 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 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. ,mus c� 00 v AGENDA MEMORANDUM NVORPORP11 1852 Public Hearing and First Reading for the City Council Meeting of January 16, 2018 Second Reading for the City Council Meeting of January 23, 2018 DATE: December 18, 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 for a Property at 7469 Convair Drive (Requires %vote) CAPTION: Case No. 1117-02 Lydia Rios: A change of zoning from the "RS-6" Single-Family 6 District to the "RS-6/SP" Single-Family 6 District with a Special Permit (SP). The property is described as Rodd Place #2, Block 4, Lot 18, located at the southwest corner of Convair Drive and Silver Sands Drive, east of Rodd Field Road, and north of Holly Road. PURPOSE: The purpose of this item is to rezone the property to allow for the operation of a Bed and Breakfast home. RECOMMENDATION: Planning Commission and Staff Recommendation (November 15, 2017): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS- 6/SP" Single-Family 6 District with a Special Permit (SP) with conditions. Vote Results: A %vote is needed due to opposition from owners totaling more than 20% of the land in the notification zone. For: 5 Against: 2 Absent: 2 Abstained: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RS-6" Single-Family 6 District to the "RS-6/SP" Single-Family 6 District with a Special Permit to allow for the operation of a Bed and Breakfast home. The proposed rezoning to the "RS-6/SP" Single-Family 6 District with a Special Permit is consistent with the Future Land Use Map, the Southside Area Development Plan (ADP) and PlanCC. However, the proposed use may be incompatible with neighboring properties and with the general character of the surrounding area. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: The case is considered controversial as we have received 24.08% opposition. Approval will require a super-majority vote. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to "RS- 6/SP" Single-Family 6 District with a Special Permit is consistent with the Future Land Use Map, the Southside Area Development Plan (ADP) and PlanCC. However, the proposed use may be incompatible with neighboring properties and with the general character of the surrounding area. 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 Lydia Rios ("Owner"), by changing the UDC Zoning Map in reference to the property described as Rodd Place #2, Block 4, Lot 18, from the "RS-6" Single-Family 6 District to the "RS-6/SP" Single- Family 6 District with a Special Permit (SP); 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 Lydia Rios ("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 "RS-6" Single-Family 6 District to the "RS-6/SP" Single-Family 6 District with a Special Permit (SP), and on Tuesday, January 16, 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 Lydia Rios ("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 Rodd Place #2, Block 4, Lot 18, located at the southwest corner of Convair Drive and Silver Sands Drive, east of Rodd Field Road, and north of Holly Road (the "Property"), from the "RS-6" Single-Family 6 District to the "RS-6/SP" Single-Family 6 District with a Special Permit (SP) (Zoning Map No. 040033), as shown in Exhibits "A" and "B". Exhibit A, which is a map of the property, and Exhibit B, which is a site plan, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below- 1. elow:1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Bed and Breakfast Home" as defined by the Unified Development Code (UDC). The bed and breakfast use shall be limited to three rentable rooms and one parking space shall be provided for each rentable room. 2. Bed and Breakfast Home: The Bed and Breakfast home shall adhere to all provisions of Section 5.2.8 of the Unified Development Code (UDC). 3. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 4. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\1117-02 Lydia Rios(Air BNB)\Council Documents\Ordinance_1117-02_Special Permit Lydia Rios.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\1117-02 Lydia Rios(Air BNB)\Council Documents\Ordinance_1117-02_Special Permit Lydia Rios.docx Page 3 of 3 Aj'DFR oR S-6 SA jrF? RFo R coN� qjR 0 RRS 6 Ski-kj SUBJECT N�oR PROPERTY RAS-6 O� C�csshq rQy oR yQ A? RS- TH tit S-4.. 5 Date Created:10/30/2017 0 400 800 Prepared By�Joanna Scott Feet Department of Development Services CASE: 1117-02 rA� s SUBJECT PROPERTY WITH ZONING oyoR�'s<oN Subject ® Property 0s° RM-1 Multifamily I IL Light Industrial RM-2 Multifamily 2 IH RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay P �P SUBJECT Heavy ` .�E�„„„„ ON RS-10 Single-Family 10 Q RTY Professional Office v , RM-AT Multifamily AT RS-6 Single-Family6 y�P luu�„mmuu„�„�y CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 y <�y CN.2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial R CR-2 Resort Commercial E Single-Family �o�<a CG-1 General Commercial RS-TH Townhouse Estate se CG-2 General Commercial SP Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial �v RMH Manufactured Home q,' CR-3 Resort Commercial - P 10 Cato pel Oso FR 00 Farm Rural S ? Clty Of H Historic Overlay BP Business Park LOCATION MAP o<FN Corpus oq�oR Christi Site Plan I ', p PLANNING COMMISSION FINAL REPORT Case No. 1117-02 INFOR No. 17ZN1035 Planning Commission Hearing Date: November 15, 2017 = Owner/Applicant: Lydia Rios mLocation Address: 7469 Convair Drive Legal Description: Rodd Place #2, Block 4, Lot 18, located at the southwest Q oa m corner of Convair Drive and Silver Sands Drive, east of Rodd Field Road, and ❑ north of Holly Road. y From: "RS-6" Single-Family District To: "RS-6/SP" Single-Family 6 District with a Special Permit om Area: 0.14 acres Purpose of Request: To allow for the operation of a Bed and Breakfast home. Existing Zoning District Existing Land Use Future Land Use Site "RS-6" Single-Family 6 Low Density Medium Density = District Residential Residential ca _ North "RS-6" Single-Family 6 Low Density Medium Density = y District Residential Residential 0South "RS-6" Single-Family 6 Low Density Medium Density = District Residential Residential _ "RS-6" Single-Family 6 Low Density Medium Density v East District Residential Residential W "RS-6" Single-Family 6 Low Density Medium Density West District Residential Residential Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan (ADP) and is planned for medium 06 density uses. The proposed rezoning to the "RS-6/SP" Single-Family 6 District a. c with a Special Permit is consistent with the adopted Future Land Use Map, }, PlanCC and the Southside Area Development Plan. However, the Bed and Breakfast use must demonstrate harmony with the surrounding neighborhood. Qj Map No.: 040033 Zoning Violations: Ms. Rios has been cited by Code Enforcement for operating a Bed and Breakfast without a special permit. According to the AirBnB platform, the short term rental use has continued to operate. 0 Transportation and Circulation: The subject property has approximately 64 c feet of frontage along Convair Drive which is designated as a Local/Residential _- Street and approximately 96 feet of frontage along Silver Sands Drive which is N = designated as a Local/Residential. ca L Staff Report Page 2 Street Urban Transportation Proposed Existing Traffic Plan Type Section Section Volume O Convair 50' ROW 50' ROW Drive Local/Residential N/A 28' paved 28' paved L in Silver Sands Local/Residential 50' ROW 50' ROW N/A Drive 28' paved 28' paved Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-6" Single-Family 6 District to the "RS-6/SP" Single-Family 6 District with a Special Permit to allow for the operation of a Bed and Breakfast home. Development Plan: The subject property is 0.14 acres in size. The owner is proposing an owner-occupied bed and breakfast home. According to the owner, she would like to continue to operate her AirBnB business that she has been operating since 2012. Her business consists of three bedrooms for short term rental capabilities. The single-family home has a total of five bedrooms and at least three bedrooms are identified though the AirBnB platform as available for reservation/booking. Existing Land Uses & Zoning: The subject property is currently zoned "RS-6" Single- Family 6 District and consists of an existing 2,150 square foot single-family residence. The subject property was zoned and platted "RS-6" Single-Family 6 in 1978 for the purposes of a single-family residence. To the north, south, east, and west are single- family residences zoned "RS-6" Single-Family 6 District and are part of the Rodd Place Subdivision. 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 Southside Area Development Plan (ADP). The proposed rezoning to the "RS-6/SP" Single-Family 6 District with a Special Permit is consistent with the Future Land Use Map, PlanCC, the Southside Area Development Plan (ADP), and consistent with the following policies of the PlanCC: • Encourage the protection and enhancement of residential neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Promote the stabilization, revitalization, and redevelopment of older neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 1) Staff Report Page 3 Department Comments: • The proposed rezoning is consistent with the Future Land Use Map, the Southside Area Development Plan (ADP) and PlanCC. However, the proposed use may be incompatible with neighboring properties and with the general character of the surrounding area. • Section 5.2.8 of the Unified Development Code (UDC) stipulates the following requirements for a Bed and Breakfast Home: o Sleeping accommodations shall not exceed five bedrooms and no more than 10 lodgers shall be accommodated at one time, not including the owner- occupied rooms. o Kitchen and dining facilities may be included to provide meals to guests only. No food preparation shall be permitted in guest bedrooms. o Parking in the street yard of a bed and breakfast home shall be prohibited. All parking shall be screened from an adjacent residential use by an opaque fence or a hedge a minimum of 6 feet in height. o In residential districts, no exterior evidence of the bed and breakfast home shall be allowed, except that one attached sign no larger than 1 square foot in area shall be permitted with no additional advertising of any kind allowed on site. In nonresidential districts, the sign provisions of Section 7.5 shall apply. o The operator shall keep a current request register including names, permanent addresses, dates of occupancy and motor vehicle license numbers for all guests. o A temporary use permit in accordance with Section 5.4 shall be required for any party, reception or similar special event that is anticipated to draw more than 10 total guests (including overnight guests) to the bed and breakfast home. Special events subject to the temporary use permit shall be limited to a total of six such functions per calendar year and shall be limited to between the hours of 7 a.m. and midnight. Such events shall be limited to the interior of the bed and breakfast home. o The bed and breakfast home shall be no closer than 1,000 feet to any other bed and breakfast home. • The owner has not demonstrated that appropriate parking is available as the UDC requires 2 off-street parking spaces per room. Additionally, if the existing driveway is to be used for customer parking, it must be completely screened from the neighboring properties. Today, only a portion of the property is screened from the neighboring property to the south. Planning Commission and Staff Recommendation (November 15, 2017). Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS- 6/SP" Single-Family 6 District with a Special Permit (SP) with the following conditions: 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Bed and Breakfast Home" as defined by the Unified Development Code (UDC). The bed and breakfast use shall be limited to three rentable rooms and one parking space shall be provided for each rentable room. 2. Bed and Breakfast Home: The Bed and Breakfast home shall adhere to all provisions of Section 5.2.8 of the Unified Development Code (UDC). Staff Report Page 4 3. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 4. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance if the allowed use is discontinued for more than six consecutive months. Vote Results: For: 5 Opposed: 2 Absent: 2 Abstained: 0 Number of Notices Mailed — 33 within 200-foot notification area = 4 outside notification area 0 As of November 10, 2017: a= In Favor — 0 inside notification area o — 0 outside notification area z In Opposition — 8 inside notification area CL — 0 outside notification area Totaling 24.01% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Site Plan C. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\1117-02 Lydia Rios(Air BNB)\Council Documents=Report_1117-02_Lydia Rios.docx Aj'DFR oR S-6 SA jrF? RFo R coN� qjR 0 RRS 6 Ski-kj SUBJECT N�oR PROPERTY RAS-6 O� C�csshq rQy oR yQ A? RS- TH tit S-4.. 5 Date Created:10/30/2017 0 400 800 Prepared By�Joanna Scott Feet Department of Development Services CASE: 1117-02 rA� s SUBJECT PROPERTY WITH ZONING oyoR�'s<oN Subject ® Property 0s° RM-1 Multifamily I IL Light Industrial RM-2 Multifamily 2 IH RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay P �P SUBJECT Heavy ` .�E�„„„„ ON RS-10 Single-Family 10 Q RTY Professional Office v , RM-AT Multifamily AT RS-6 Single-Family6 y�P luu�„mmuu„�„�y CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 y <�y CN.2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial R CR-2 Resort Commercial E Single-Family �o�<a CG-1 General Commercial RS-TH Townhouse Estate se CG-2 General Commercial SP Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial �v RMH Manufactured Home q,' CR-3 Resort Commercial - P 10 Cato pel Oso FR 00 Farm Rural S ? Clty Of H Historic Overlay BP Business Park LOCATION MAP o<FN Corpus oq�oR Christi Site Plan I ', p Persons with disabilities planningto attend this meeting, who may require special s rvict, d to contact ite t act the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con mcapacidades. que tienen la intencion de asistir a esta juntay qua r uiern servicios eseciles, se les sulica gue den aviso 48 horas antes de la junta Ilamando al deoartamento de servicios de desarrollo, al n mero Q61J -3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services e�arfinent at (361) -3240 at least 48 hours in advance to request an interpreter be present during the meeting. _Si usteddsairigirse a la commission durante Ja junta-, u i I' limitao, favor de llaar al departamento de serviclos de desarrollo al nu erg (361) 6-3240 l menos 48 horas antes de la. junta para solicit r 9un interprete ser presente durante la junta. LydiaCITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1117-02 i s petitioned the City of Corpus Christi to consider a change of zoning from the 'IRS-6" Single-Family i ri to theSP" Single-Farnily 6 District with a Speciali r the purposer ig a bed and breakfast home, not resultingin a change to the FutureLand Use Map. The propertyto be rezoned is describedas- Rodd Place Block , located at the southwestcorner it Drive and Silver Sands Drive, east of Rodd FieldI . The I niCommission may recommend o City Council approval or denial, or approval of an intermediate zoning classification for Special Permit. Approval of a change of zoning, if inconsistent ith the it 's Comprehensive I ill also have the effect of amending the Comprehensivei to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discussformulate recommendation to the it ouncil. The public hearing ill be held on Wednesday, November 15, 2017, during one of the PlanningCommission's regular tin s, which begins ., 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 ( 1) 826-3240. TO BE ON RECORD,THIS FOR UST F1LLE OUT,, SIGN Y TH NTP P ( )A AIL D 1N ITS ENTIRETY TO THE DEVELOPMENT SVICES DEPARTMENT, P. 0, BOX 9277, CORPUS CHRISTI, TEXAS 78469- 77. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD, In accordance with the Planning Commission y-L s, no Iscion sill a .1..... ya a r or--mei-mbe—rsof 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 tetter. Printed a e: ,b s � A_ G... Address,, C r City/State: V/ ( IN FAV4 j1N ITI hone: — ,,, �5w Si natu e SEE MAP ON REVERSE, !DE / Case No, 1117-02 INFOR Case No.. 17ZN1035 Project anagen;Andrew Dimas Property Owner ID:7 Email:andrewd2@cctexas.com II Ibd DmrrlVrr!P n ju u 4 I, J I II II �',✓ 0/001 iaiavvarrria dl r���imii 01r ul J UI >>00i0bl l `��li rut'G lrr �r II Om r r �aomUuur.�emml f u I�� I � auuuuumuuruumwmll� vvr rrrrvrrrrr City of Corpus Christi 11 q, J� lrr�llr U ®v°r Development Services Dept. C4 dnr01 °0* ���M��� lP.O. Box 9277 r 41,11Y 0,0 ,4 J , Corpus Christi,Texas 78469 7 746100040170 SHERMAN G R 7465 CONVAIR DR Corpus Christi.,,TX 78412 2017 Ee° m 117 I /Z r .. , r,l 1 rp L d Z, 1/ � 1 �v / a r 6 f� o sP lR nu 1] � d r '•, -' „lu' r r P adv u V, r ° ✓ r v ,r" � d a s y V e J , r P SUBJECT-,.,,C �gFeq_^per V r OPERTY H f r 4 r � Y r, P �� � µ'9 - r' .�*! r - ,Q w r 4. r Yd� TH v r „mJwdr w& Y B wemxwe,�e 8.wnmma�wpa�,ulaum,� drr� ,uw,I �Mn, I CASE: m y gk4S w hl4 111411 IIµrr b„ n,ur p rbne p p mAao.a� !� s uo-M u b� hl�m a udw n tl t ,�"d�l f IM Ilp h q W1 ttx0.uIXA' IhhgM+UM h M 6d IIA IrNww q'AxmvbM, GIM h au Po0N0.wam111r.41MrGm Illlb A%,bldp�,ll-M hl %qPo tlullb�M btl gW9s bM IM9' I@x 14 5, Mamas- d C:'W'R PlmtlSyl Qgm7l ianmM G kVCOm,b IYN 9110 omM1F-ft flhb u II GM rr qmm lMmlroausnmm'ur mnl—M rw.l[ tl u y n" rfl!N Im mmli Cry wuv,W4n OIL; I@pgIlIX6W WtlW pId 4m W�„ N V IXa n IIXMRry-,M P'nmman nrutimh PIldlyW Mire Ss nr�lorwhl ceu—dPlmlmit CII q pn �+d htt'hm ll'"Invlu "•� � J �'G'alGp IXM1d ww�rcw+arn n":omnm�w•^chmn ," I, „ jjl[w,I IW';bnlmVAn FAmewd 11 Yd!'IIVNm IC IIIA H—1;IiG m Gh91U i�'.ydp 111 dP» +u+ueu� � I fl ......... m rr "„ ........ n ......, ........................................ 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 incapacidades, cue tienen la intenin de asistir a esta junta y gue reguieren servicios especiales, se les suplica glue den aviso 4 horas antes de la junta Ilano of departamento de servicios de desarrollo, al numero 381 -3D. 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 hours in advance to request an interpreter be present during the meeting. Si usted deseairi it la commission durante la junta y suin les s Ii it o favor de liamar al departamento de servicios de desarrollo al numero (3611826-3240 al menos 48 horas antes de--Ia,,iunta para. s licit r un inter rats ser presents urante la junta. LydiaCITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1117-02 ipetitioned the i of Corpus Christi to consider a change of zoning from "RS-6" Single-Family 6 District to the "RS-6/SP" i I - it r ict with a Special Permit purposeing a bed and breakfast home, not resultingin a change to the Future Map. The propertyto be rezoned is described as: Rodd Place #2, Block 18, located at the southwest corner of Convair Drive and Silver Sands Drive, east of Rodd Field , and north of Holly . The Planning ission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a changezoning, if inconsistent with the it 's Comprehensive I , will also have the effect of amendingthe o re nsiv I o reflect the approved zoning. The Planning ission will conduct a public hearing for this rezoning request to discuss andr ul t recommendation o the City Council. The public hearing will be held during n of the Planning Commission'sregular eti s, which begins at ., in the CityCouncil 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 (3 1) 826-3240. TO BEON EC D, THIS FO UST FILLED OUT, SIGNED BY THE CURRENTT PROPERTY....... ... ......m... (S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277, 8 6 - 9277. ANY INFORMATION OVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be helda member or members of this Commission with an applicant or appellant concerning an applic i or appeal,either at home oroffice,or In a o , by telephone call or by letter. .............. / Printed Name-,- -717 o Address, ., / , �1 City/State.: 1 ( ) IN FAVOR { IN OPPOSITIONhone: �4. tL REASON: ,� JD /f q p i o d", - �,w°' � '" .,,,w.,. APaAlMlaw-f4 'A r y l�[a�,,N - 6' Jl -- Signature,,w SEE MAP ON REVERSE SIDEty �� a Gass°"N!a. 1117-02 INIf"OR Case No.: 17ZN1035 i Protect Manager:Andrew Dimas Property Owner ID.° 8 Cmail: andrewd2@cctexas.com �> US! , r / l f 1 gp ^'flvr"Ill10,,Iaar � m U/Yr�kiaU90U 0%/0%%0/00v0i00N/lulI�mmmmb r uuu,duaurUrmr1Dmw1�m/a'100 City of Corpus Christi i/w/D/ Development Services Dept. ,A / 78 4011 � P.O. Box 9277 dt 0 /0ld0iVioir ioiiminiirmir6""rc Corpus Christi,Texas 7469 eCe ��c � 01"'!/ 2 710� � �m m7y� 8 7446000030190 r� f ,r�' RAND THOMAS D AND ie -nt THERESA J HAND 7470 CONVAIR DRIVE Corpus Christi,TX 7 412 III W A � V I r U, � NIXr x n r o r .� �r a�r � Ffs-g �;, " 2 d � t SUBJECT-,. rb kOPERTY „ P 4r , i' r 0 RS-TH �« I l 'a "�Y„ alms �' Juhbtit �viwv�dwd w�nr��:�wamm� 'm"mnmrmrrrrrrrrrrrrrrkkvrrrrrrrrr^rrrlizzF:IRrr mm r,"`ml����luP,„, �damu em�,.w rcnpdmr�u �nk� GA SE: 11117-102 �u m��+ k �w.ryp �p�n �pryy�,��^�ry ^,��,�p d�II�,p y �p �k kp�ry�r pSit�/B',,.iEl m Po itl""idllow N' ,P,F" , iW U i %W"k"'& � 101VI WDM Vm%� ,M 11 C�I ✓' �ila✓'�bywwa.0 �� m'��., Q�4dl ��"�� �rc ,,, '� "ro rv�Npr „ .......... � w n ��.�,� URS-'P N4�G4�0 �I`ryfl � I� 0.ogyl Fll 24emM1 lk: �� �' m'ili 1 IuOF OIIR k INB Illlmmwk 111I�mO IV d m UMmrc Ikro 91�bllllcem bU1 I1 " INMF.4, R rI ,err III I m'F � m v ImRW'�M dl dtlk III r R 1111"g it A W h k ftaFmulC U.v nbl4 prc.11lpp 6 " mxm �lb��l uromwo�im '"v, Cana na I® rcn arcorommw nmloRn"nuvrtr-IFwamulll "'° " k1IcF19u'.'ypyIRPIIIMµdG^IX,b�S� yaIXUIksMRdeWRWa nnµ'u 0.rU YdmrcmrcRnua�cwmIV.am�FC"0.reU`m.aImmwCo-mi mUR,or�mm¢lrn,nhce0.wRwWkrc�dul wll Ig�lmrlalll�l�kd`ke�n IIIpwI.RI4rckmu1VVm�awdvbu iriubuptld r#wmI rmtlabl Rw0Bnva amleMI�d lAb;vdwIluw� ` ; -77 b ISN ram �,C„s, Cmhill µHW.Pnml " pI,l„o�liurr,pp9,,k4,p 0r16” 1CAftuuu m mm Imm 9IpV'hbIP Persons with disabilities planning to attend this meeting, who require special - - ,-,- t p g y q ' p tial services, are requested to contact e Development Services Department at least 4 hours in advance at 361 26-3240. Personas con int aciads g2e tienen la intention de asistir a esta junta y gue reguieren servicios especiales, se les suplica que den avjso 48 horas antes de la junta llama ndo al rtento a ervicios d desarrollo l nuero 361 6-3240. If you wi h"Ito address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the y seting' Si usted desea dirigirse a la commission durante la junta v su in les es limitado, favor de Ilamar al deDartatnento de serviciosa desarrollo al num ro (361) -3240 al menos 48 horas antes de la junta®Dara solicit r un inter"ete ser presente durnte la junta. ..,.. .....a -....... ............. ,,,,... .................................... ......... CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Lydiai has petitioned the City of Corpus Christi to consider a change of zoning from the " " Single-Family 6 District to the "RS-6/SP" i I - it i tri i i t i t purposer ing a bed and breakfast home, not resulting in a change to the Future Mgp.The property to be rezoned is described as: Rodd Place , Block 4, Lot 1 , located r r of Convair Drive and Silver Sands Drive, east of Rodd Field , and north of Holly . The Planning Commissionmay recommend to CityCouncil approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a chane of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amendingthe Comprehensive Plan to reflect the approved zoning. The I nnin 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, r 15, 2017, during of the Planning Commission's regular meetings, which begins at AL.30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, les call (3 1) -3240. TO BENkIfO D,THIS MUST BE PILLED OUT, Si D Y THE CURRENT P OWhI ( )AND AILED I ITS ENTIRE T THE DEVELOPMENT SERVICES DEPARTMENT, P, O. BOX 9277, CORPUS CHRISTI, TEXAS 74 - 9277, ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Plnnin 'C-o-,-m--m-i'ss-i"o""n'-'By,-L'aws, no discussionshall be hold by a member or members of this Commission with an applicant or appellant concerning n application or appeal,either at home oroffice,or in person, by telephone call or by letter. ............................... ..... . ...... . Printed Name. Address: CitylState r ( } I (01"IN OPPOSITIONPhone: REASON: We do no�- -741-L)s-f -�-4 e- p e a -M-q co n4 (� a M -b4 il -ye 4r C) u e- o cy.p?r k qm 0 r- P J r AC>rk;1, v Signature SEE MAP ON REVERSE SIDE Case No 1117-02 INFOR Case No,; 17ZN1 35 Project Manager.Andrew Dimas Property Owner ID: 15 Ernail° andrewd2 cctexas,corn II II II II 11 v pJUU//µ�,y //M'AfnapullllUAy!01,111a//Lal// I��WQJ ly pl 7P��✓� f��� �""Uy 141U1711!(f(nMUOI/000OG�aDV�d0D01/G /N City f Corpus Christi o �� u01�Pl1 ilr�Pl lrrl�� m��ii� riri�m ir��advUa� cru er 114rw u Development Services Deptn °Vin° y'�� p���ilrJ z iif7 rl f FH h Of, �I� �P,®. Box 9277 ' IN ; Corpus Christi,Testes 76469 � »�, � ��uoo„ I�rt�1G1"�sadal,r ��°•df r E t�,.a ��c 15 746100070020 GILES RANDAL DEAN JRS 2002 Silver Sands Dr Corpus Christi,TX 78412 ,J f r a „ " L �kit TY ..m �.. "RS,6 a r ^ r I � •4 0 S.T H r ,.,, ,. „. L� II c arwr�h rrNwfl�mrawronp , �mn fiV.. tlYAtttl� � 17Wmauuewwrt Nlri,da+wnlmw�u wNq n,,."ARIM P.'MUµwxutr m�'N.Wew'mAagVwann,lll$wo-xDK:min ASE -0 2 subjeu /0 � �q Il�uun.d Im ry mars kAva�xn ......... xbISDm aUN abm �arnm fd Pw �'�.�PW I@dn N IN p tl m tl Inl L pnP pmeN"u PUO xN OR 1119 R R NNImW d M W "+m 11,111mAw NOW.mx1,A', A56 NNVv p qN m M, II pNkp I hnm d IC ww OwIf IIID 9.W SII x M'dunPp`N I M:J' II@ar IItlBIIM II II mWPNphl rmnA �MNU tl uu ro � -;'.gyp uN�'M'F,mueuNYl xmm�npm wm C.III I Nll mxm01 mmmllf¢ptlJl Illkpl Nk'mnnrnxwPamll lN:;ml4mpm p 4Q KC.Y nTxvv umV Rnwelm=,xmmumV INI '@IVa'7nxwval imwmm Vmnp L,4.a Brim'MVtry CkW4XJlpmtl'rt IImV � kNuux rmb'.rmalM '� ,.. k^,q a ra n C. mrvrmr, pgry UNmamrwlWaalwume lNmrnflnum,k'lawm ro� Lev 0.h--C--1w NmlmnA IVmaruukp';,Wunp�m NNxrenlm IC;nit;6 Np Unmm kdUUnmPoeur 1pVPo tl II"wul Nwm� I ups w IW p 14Y tlmV h IX,YwxnO.®m � �MgM',',�ripll9 pym, mlwwaflmmmlPnnw a.l�l�' VbN SAO'. 'aVmry, "IIuIIIIImpU . .. ..... .. .. .. ..... Persons with disabilities planning to attend this meeting, who may require special services, are requested t contact the Development Services Department at least 48 hours in advance t( 1)826-3240. rson s con incapacidades, gue tienen la intenci6n de asistir a esta junta y gue r Q i ren servicios especiales, se les suplica gue denvi o 48 hors antes de la junta Ilamando al departamento de servicios cle desarrollo, al n6mero(3 1)826-3240. i If you wish to address the Commission during the meeting and your English is limited, I as II the Development Services Department at ( 1) 826-3240 at least 48 hours in advanceto request an interpreter be present during the mdeting. Si usted deseairi it a la commission durante la junta y su in I`s es limitado, favor de Ilamar al departamento de servicios de desarrollo al n6mero (3611826-3240 aI menos 48 horasantesla junta_para solicit r un inti rete ser gresente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1117-02 Lydia i s petitioned the Cityr rii to consider a changer r " " i l - j i t t - ! " Single-Family 6 Districti i the roe Of 013erating a bed and breakfast home, not resultingin a change to the Future Land Use propertyMiga. The rezoned is described . BlockRodd Place #2, it Drive and Silver Sand1s; Drive, east of Rodd FieldII . The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification for Special Permit. Approval of a change of zoning, if inconsistent it the City's Comprehensive I ill also haveeffect of amendingt n i I reflect r zoning. The Planning Comission will conduct a publichearing r this rezoning request to discuss and formulate recommendation i unci. The publichearing will be held , during Planning o issi 's regular i s, which beginst ., in the CityCouncil Chambers, 1201 Leopard r t. You areinvited i lic hearing to expressi n this rezoning request. For more information, please call ( ) . T._..... _....._. .. d. .., . _�....L. F. .. ,,. .. .UST FILLED 6UT,'SIG'NED Y THE CURRENT EI (IS AND . A1 11L ,.,D L IN ITS ENTIRETYL VIC S X 9277 S CHRISTI, TEXAS 7 - 77, ANY INFORMATION V! LIC RECORD. NOTE: r i tannin ission y- s, isssi s all a l a r r members this Commission withapplicant r appellant concerning an application or appeal,either at home or office,or In person, by telephone II or by letter. Tint CL ^ r I i Cc, i yl 1 U.,S.ILELSI i ! { ) IN FAVORdIN OPPOSITIONPhone: t CL :;rt 4�r4 61k -X-0— 9&-4XZX,� t-/ i atur ujAAP SEE N REVERSE SIDECase o. 1117-02 INFOR Case No.: 17ZN1D35 qty .. . ar, t Manager:Andrew Dimas Property Owner ID: 18 ct dWEirnM[ and rawd2 cclex s.co GI GYM pp umU �1 „�. �fIw1�IlU�rOu`f�i� 611 ii'; 1f `„1 rl4 rj•.dri7/rr Irltdarll'll� v4✓n�J<u��f We�UU��I o�lll I �- miiiiiiiiaammnr �ar�rr ria City f Corpus Christi .. . ei.I,.%.v.x.�.mu✓'eiiiii Development Services Dept. .. wnu�ew P.O. Sx 9277 Z 7l 02 Oid' $ Corpus Christi,Texas 78460 � 11,D3 18 746100070040 SASARA JACKIE F eadved 81485 Corpus Christi,TX 78468 HII'V 10 2017 D NO �I x r• 40 r � o � G u t ; w r I J� ! h. m R 6 t � I �yxewua ! Y Iq i 'W a . • Y�J6 ” I l �W F t 10 INN ! r -` WHumw a.�muPmmh YYNWftm'dItPIY IraDNtl ,, m �W9ltl ✓ 'aWmaur NPw:xucsxexw dYWw�ra W inw " ^M,�,w.� •,., ASE: 11117 02 a I SUBJEC.T PR1C)P RTY WITH D(MINGo �� �Pwmx�! � m a Ilk".P IlknumllxrvxaYl a IDr N.ii Mtl utlaum tnq U A 2jenr,. Puma-.It Ia rr� ava aw xpmmv' Iowa 'laamu 8� 4'I h" IkM:p uM Wlu Ilwa Ppv W6e mwm Ub lu 1Mmm l¢�aur¢m IM„ ofi;vx Il i Po APMx,011e tl' b�.Pm I YM HIP IN lo?. aPI1 AT au w M IP6WP�w�r A,Im n� y 17x+.H gB I�®:gffi @mvMlx9w:m YOW'ry u.4.16Im l)t mIMro C awmxa l011 mato Il lP�wm�P�umW IYP r Pn.a 0 'P,xwax Vaa I48.u".51,MkIt vnawa YW ^^ r'MW Illmmpn Ydxl ggl,IduP ME PkromUm vXdpa IPmYmPM ^y., IMM U IPa 1. vw PA llmll AS TH ICoM'�U lW1 mi�m'6:caennamlwW.aa Ind aakkm I 6.ue rttemnm.PmR $µrya m6 Y rnGa Ip 6:&8C1ae,wnwgmmrrla'm'.awpnaaWmmxws IMM 4Emawmmv WWmX MmYAM4Fllm P"gym Ips a.tltl.;tl' linmasn W"IWMmtlM4n'6F'rya Halt UWfd l,."�e nNP PaROPIaM t��? p Pkurtllln Paul IR. Px ml I.. IG M.'xttm on Iuuwuwr[4'bmmvlmtM � 4.GIII;W P II ; uc IPwwwammmHaW B Ck00W,"NdW� 'P v d IIlluyGbali� Persons theDevelopment ent disabilities planning to attend this meeting who may require special services, are requested to contact Services Department at least 4 hours in .. - �. ..............�� .... ... advance at ( 1) -3240. Personas con incaaci s, ue tienen la intention de aistir a este junta ue r uieren enricios Bile les u lice u den viso 48 horas antes deja junta Ilamando al deQartamento do srvicis de desarrollo al nmero1 826-3240. If you wish to address the Commission during the meeting andyour English is limited, please call the Development Services Department at (361) -3240 at least 48 hours in advance to request an interpreter be present during the seting. _ i usted desea diri_ ire a l tom ission durnt la `unty u males li lto, favor de Ilamar al arta ento de servicis de desarrollo al n6mero (361,).826-3240 l menos 48 horas antes` a la junta para solicitar un inerrete ser areente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1117-02 1y4jg_Rj2s has petitionedthe it f Corpus Christi to consider a change of zoningfrom the Single-Family i tri - !SP" Single-Family 6 Di i i i I__ it purposeing a bed and breakfast home, not resulting in a change to the Future Land Use Myp. The property to be rezoned is describeds: BlockRodd Place #2, 1 , located the southwest cornerit Drive and Silver Sands Drive, east of Rodd FieldI . The Planning Commission may recommend to CityCouncil approval or denial, or approval of an intermediate zoning classification for Special Permit. Approval of a change of zoning, if inconsistent it the it 's Comprehensive I ill also have the t of amending the Comprehensive Plan to reflect the approved zoning. The I nnin Commission will conduct a publichearing for this rezoning request to discuss and formulate recommendation to the CityCouncil. The public hearing will be heldon Wednesday, November 15, 2017, during one of the PlanningCommission's regular meetings, which begins ., in the CityCouncil Chambers, 1201 Leopard Str t. You are invited to attendthis public headng to express your views on this rezoning request. For more information, please call (3 1) 826-3240. TOB CO D,THIS FORM MUST BE FILL T, I T CR ENTP OPER N (S)AND MAILS IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 769- 9277. ANY INFORMATION PROVIDED BELOWC PUBLIC RECORD. In ccor ante ith the lanln Com—mission -L -discussion shall held amember-, r a tiers this Commission with an applicant or appellant concerning titin or appeal,either at home oroffice,or in person, by telephone call or by l otter. ...,. Printed Address:, Arlob r. City/State.. Lar ( } I ( 1 IIPhone:REASON: 3G )-_ – 44a– — `® Payk� 01 t I l ® FWyAgili Signature SEE MAP ON REVERSE SIDE;" + r t e o. 1117-02I 1— INFOR Case No.: 17ZN105 Project Ma ager:Andrew Dimas Property Owner I Email:androwd2@cctexas.com eayn5 b45- • , rs, t , G r Iry 11 I f f lh r t"t.tii.. d1 mm�m uu r '^ ^M1 1 PI///// r m���� r aomiairriaiaiam�ru�� Ilrt%m ,usiam�(Dlllln r/m/uiu0u/uuuJuullmllum/ �aiirlaImm�mior;r,it f Corpus Christi MINIMEMIR a 110/ll MMY Development Services Dept, P.O.Box 9277 � 0f01 i6n Corpus Christi,Texas 76469 03 20'17 20 746100070060 I 2018 SILVERSANDS Corpus Christi,TX 78412 Oki 11 ,r PZ w � l r y , m F s Irk, SUBJECT MOOERTY J r ..r ; i �v e ; � T R S 'j N 4 d �¢B '.. ' wmmuk"u &IqudnP mNNCM � ,,` muuuu mewm:u rx,m�mw¢m 04�q. r �IXJµmammiw+d mH¢�w ninR:�.mvm��,m CA SE: 1117- ZONING Subfent M �arru v uimw-.a um a �euipe Hary �a,wsull m a ren � �' �fl'h� �N�:b bm a u,n It�OUb Ubm^'+i P0.11�n mUam tHmmwfimy; � � a II.M d—llni ap'Mil" Uwa'YC IUIIwgbM�ll" w,N dib H M oupmmm�nm.uaenm�.m,;aIm�l ro ��w am �,m iCNN.n bumnftNll flne�rM^axrnuV rmn mroW7r C'bA.a Im$A6 V11112ll,mwVmumn4A w f C.IN I tt bqo man uwoaam Cw'mwmxx rm.l i0 nh TP II .m.."ip •" n*Ay MW bu—A urs un o a Pu a nw V'uu# ICIGW INRmoummml P'n m,nMPoMttaq Ualrt mr,7nurm u10' am ny^m I ^ ou$aa n«4:A FNN N innwv Fllnm„gond Hilbll0 Ilftn IPm.k'oadll IH01iwm. clou, KI mul oullb �,I � '•B� d � rlualG, a� nw a °°•••����w mmnumPa., L � Tr ._. .....� m " �V�nairlluul�h �r Persons with disabilities planning to attend this meeting, who may require specialr services, ,o .,.. , are req" .u to contact the Development Services Department at least 48 hours in advance at(361)826-3240. Personas con incapacida ue tjenen la intenci6n de asistir a este junta ue re uieren servicios es eciales s les su lice ue den avio48 horas antes de la junta liaman o al depart mento de s rvicios de desarrollo. al numero(361}826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361)826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta y su in les es limitao favor de Ilamar al departamento de servicios de desarrollo al numero(361)826-3240 al menos 48 horas antes de la junta para solicitar un intrprete ser presente durante la junta. COMMISSIONCITY PLANNING PUBLIC HEARING NOTICE Rezoning Lydia i has petitioned the City of Corpus Christi to consider a change of zoning from the" " Single-Farnily 6 District to the" - 1SP" Single-EgMILIX 6 District with a Special Perrnit for the r r tin r not rslti ino the Future Mgp.The property to be rezoned is described s: Rodd Place Block1 , located at the southwestcorner f Convair Drive and Silver Sands Drive, east of Rodd FieldIl . The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification /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 recommendation to the City Council. The public hearing will be held on Wednesday, November 15, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 R. 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 ( 1)826-3240. TO BE"ON RECORD,THIS FORM MUST BE FILL D OUT,SIGNED BY THE CURRENT PROPERTY OWNERS}AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 7469- 9277, ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. 407 In accordance with the Planning CommissionBy-Laws, no discussion shall be held bya member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home oroffice,or in person, y telephone call or by letter. .. .......................... . ........ ...,.,,...,. ..,.. al 1 oe '4& Nm �� ,. � �. 1 1/Ip�1111t�40���, Y• � 1/�� i0//� mii7mmnuuuuw��1 wamiiamia000aoro�r00000m lAi��! a ry aUlf ✓airaoiirraia��i;;uuoomrml;;lma000a00000000¢ City of Corpus Christi U7 �� ;oIIGG�I//4°Jd�/� �y,A %rm�alYrrriaa;�i orrrH Pl! 1�Nb/W/ � 1/%f'/1!a'//W '�j fl uauua0000� 99� mPNJUuogypp rPNr Development Services Dept. WEU o�I7r 'ulJj111u° r✓ P.O.B®bYC 9277 ��� �o � 0! 4,1)"i �mD�I0 Il,4 6 Corpus Chrllsti,Texas 76469 d JadadddJ� �mll�laadd „2 l�l�! I 1k.P1� 11 �IfJ " 21 746100070050 0 MILLER RICHARD LEE ET UX /101.0"'C' 2014 SILVER SANDS DR Corpus Christi,TX 76415 0 1011 ORION 1 1, r I ✓ fl " y ir71 , ro C1BJEC T Gs `P1�66OER1 i n F ✓ n 1 r., ®�f y 4, 47 Na r ✓ I I R T a AZ Z n ren � mmpm'We%`2Lp'hMP" rraeFRubN .,. Y" RPp�aNmNtlxroiwN`wu'N�wu�s�q�re��otl, ' CA S E: ?917-I SUBJECT PROPERTY WTH ZONING �m W m r1 il'✓PU�t J�••1•+•R•I&N P IpMIIImVI im.nmptrR 1..4Vnnurl1PumIW.n o-w W9unnoRb.ry..... 4 P pryIL NlPP 04 I% in 4�W rvpNamm��. I .�.f dW:�JI PS p U H dkVa IIW I 'V pP 6%IaWry.0 IW�'R `%1 rypllmY'w roIIUg 9W "',.., IIN6,mNII��MY Yq aa p: I—, ll' 116ry-IB �rnpg7mPmwn Bll" uoP Im m aronva o<o nn mmowwlml R&. %'%* ICIN-8 OA6 cm R Rl#MwMM1M1pv6(+va�mbroMK IN WNfv& w,wrc q !N P�A�$ IW wr 6' IImP IRS ISrrpi'm d' gflUl I'll/ UIQk d°6 Umr NI PI,•. b CZ I ram 91G rtlml @,�IIR II ^ C01 M asi p"w .WN aPI1,11 IP i &fl U dR U~ Ilmll 5 m' c4 W mrc�u ,p rn 'Il, fi C u,l " Il�elgv I�mery,Ipr„Pnu ro kPm rom &� 1 Irvin rr III �o N Fu ry PY UW'^t ".' Y tl QPk Andrew Dimas From: Roxanne Williams <rwilliams@gelawfirm.com> Sent: Wednesday, November 1S, 2017 4:46 PM To: Andrew Dimas Subject: Case No. 117-02 Rezoning Dear Sir,please allow this email to confirm that I am a resident of Convair Drive in Corpus Christi, Texas and am in opposition to the rezoning referenced above. I would like to address some of my concerns: 1. I have grandchildren that come to my house on a weekly basis and play outside, granted i do not know all my neighbors but having complete strangers come and go, is rather scary to me for the safety of my grandchildren and any other children in our neighborhood, as well as for the safety of all us living there. Let alone the fact that we have complete strangers, how about employees coming and going as well. 2. The idea of my property value depreciating due to the B&B on my street, is most certainly not appealing. 3. I purchased my home knowing that it will be my last home never realizing that it may be turned into some type of commercial area. 4. Our neighborhood for the most part is a quite neighborhood and to think that now at all hours of the night we will hear vehicles come and go, some may or may not blasting their music others may or may not dump trash in our streets. 5. People blocking our driveways. 6. Strangers coming and taking away our peace. As i see and understand things a B&B is basically the same as a hotel with the exception that it is usually smaller. I feel that a bed and breakfast is a commercial enterprise that belongs in a business district and CERTAINLY NOT OUR NEIGHBORHOOD. Thank you for your attention and consideration of my opposition. Feel free to contact me if the need be. Roxanna Villa-Williams Paralegal to Gregory L. Gowan Gowan Elizondo, LLP 555 North Carancahua, Ste 1400 Corpus Christi, Texas 78401 Telephone: 361.651.1000 Toll Free: 1-866-833-0088 Facsimile: 361.651.1001 rwilliamsL&gelawfirm.com www.�zelawfirm.com i "Forgiveness is the fragrance that the violet sheds on the heel that has crushed it." -Mark Twain The information contained in this electronic mail transmission is intended by Gowan Elizondo, LLP for receipt by the named individual or entity to which it is directed. This electronic mail transmission may contain information that is privileged or otherwise confidential. It is not intended for transmission to or receipt by anyone other than the named addressee (or person authorized to deliver it to the named addressee). If you have received this electronic transmission in error, please delete it from your system without copying or forwarding it, and notify the sender of the error by reply email or by calling Gowan Elizondo, LLP at 361.651.1000 so that our address record can be corrected. Failure to comply with this request may subject you to criminal or civil liability. Thank you. 2 Andrew Dimas From: Tom Hand <th237@swbe11.net> Sent: Friday, November 10, 2017 9:01 AM To: Andrew Dimas Subject: Zoning issue @ 7469 Convair Dr. Mr Dimas, I live across the street from the property in question and can confirm what I know Alice and George Sherman have been telling regarding the absolute "thumbing her nose" at the zoning laws. To wit: this photo was taken just last night (November 9) at about 6:40. Her "guest" arrived just as darkness set and was gone before 6:45 this morning when I went to see if I could take a better photo. In other words: even though she knows it's currently against zoning codes, she is still engaged in the business. Despite being warned otherwise, she continues to book guests. According to her page on AirBnB, they're supposed to book for a minimum of 4 days now, so this truck might well be back 3 more days. Additionally, though the zone variance application process requires that she post signs on the property in prominent view, she's posted one on her side yard right next to her house and snuggly behind shrubbery. The one in the front of the property is behind shrubs and against the white brick making it practically un-noticable. She is clearly doing whatever she can to skirt the law and the requirements of proper notice of the application. I know she's built a permanent add-on to her property in the form of a covered patio/gazebo and never pulled a building permit. I have sent you my yellow sheet back...you might have it by now. I oppose this variance vehemently. The parking of multiple vehicles in the street in front of my house and on her side street cub has created angst and near confrontations in a couple of instances. Her guests have parked over the curb/median grass in some cases and in front of neighbors houses. Often, too close too the corner in violation of traffic/parking laws. Primarily, though, we bought our house in a single-family dwelling neighborhood for the privacy over that of apartment dwelling. If this variance is allowed, we lose that element of knowing our neighbors and who should be in our neighborhood. We didn't buy so we could be next to a hotel/motel/b&b with strangers coming and going at all hours of the day and night. This also exposes children walking to the bus stop down Silver Sands to strangers who are in no way vetted before staying in this home. I. like every neighbor I've spoken with, oppose this application. Thomas Hand 7470 Convair Dr. CC, TX 78412 2 Andrew Dimas From: JACQUETTA LAMKIN <2022silversands@gmail.com> Sent: Wednesday, November 1S, 2017 4:09 PM To: Andrew Dimas Subject: Rezoning case# 1117-02 I'm writing to voice my concerns over the rezoning. I'm in opposition to this rezoning for her to open a bed and breakfast in my neighborhood. My concerns are that there kids in this neighborhood that plays out side. She won't know who she is renting to these people she have no background checks on these people. She won't know if they are sex offenders, killers or what. No I do not want this in my neighborhood. 1 r � i Zoning Case #1117-02 Lydia Rios From: "RS-6" Single-Family 6 District To: "'RS-6/SP"" Single-Family 6 District with a Special Permit City Council Presentation January 16, 2018 \ \ Aerial Overview � < �§ Vicinity Map 1 « \ «� � � � � � � } Subject Property at 7469 Convair Drive N s ItP�PIRFO 0o I unskrkj SUBJECT N�o;4 PROPERTY ry r' 1 g .f ( yuuu y0 yti �r Rp O I i � I P , :u Public Notification 33 Notices mailed inside 200' buffer 4 Notices mailed outside 200' buffer Notification Area ISUB EC \ s 6 ze ?' PROPERTY Opposed: 8 (24.08%) � �` < oO� i) , ASR / v In Favor: 0 Zoning Pattern --------------- p 7 �\i Site Plan �911��59 yr ^� / Yri I� i (i Planning Commission and Staff Recommendation Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-6/SP" Single-Family 6 District with a Special Permit (SP) with conditions. Special Permit Conditions 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Bed and Breakfast Home" as defined by the Unified Development Code (UDC). The bed and breakfast use shall be limited to three rentable rooms and one parking space shall be provided for each rentable room. 2. Bed and Breakfast Home: The Bed and Breakfast home shall adhere to all provisions of Section 5.2.8 of the Unified Development Code (UDC). 3. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 4. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance if the allowed use is discontinued for more than six consecutive months. w=� Bed and Breakfast (BnB) 5.2.8.Bed and Breakfast Home A bed and breakfast home shall be permitted in accordance with the use tables in Article 4 subject to the following standards: A. Sleeping accommodations shall not exceed five bedrooms and no more than 10 lodgers shall be accommodated at one time,not including the owner-occupied rooms. B. Kitchen and dining facilities may be included to provide meals to guests only. No food preparation shall be permitted in guest bedrooms. C. Parking in the street yard of a bed and breakfast home shall be prohibited.All parking shall be screened from an adjacent residential use by an opaque fence or a hedge a minimum of 6 feet in height. D. In residential districts,no exterior evidence of the bed and breakfast home shall be allowed,except that one attached sign no larger than 1 square foot in area shall be permitted with no additional advertising of any kind allowed on site. In nonresidential districts,the sign provisions of Section 7.5 shall apply. E. The operator shall keep a current request register including names,permanent addresses,dates of occupancy and motor vehicle license numbers for all guests. F. A temporary use permit in accordance with Section 5.4 shall be required for any party, reception or similar special event that is anticipated to draw more than 10 total guests(including overnight guests)to the bed and breakfast home. Special events subject to the temporary use permit shall be limited to a total of six such functions per calendar year and shall be limited to between the hours of 7 a.m.and midnight.Such events shall be limited to the interior of the bed and breakfast home. G. The bed and breakfast home shall be not closer than 1,000 feet to any other bed and breakfast home. 9 4yyUs Cgp, GO `4P O� II AGENDA MEMORANDUM Meeting of December 12, 2017 Public Hearing and First Reading(tabled)for the City Council 185 First Reading for the City Council Meeting of December 19, 2017 Second Reading (tabled)for the City Council Meeting of January 9, 2018 Second Reading for the City Council Meeting of January 16, 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. January 9, 2018, this item was tabled to consider including a revision of special permit provisions from the "CG-2/SP" General Commercial District, Ordinance 028925, dated January 18, 2011, for the property, rather than the "IL" Light Industrial District. The proposed revisions to the special provisions will allow the storage of storage containers, security offices, pumps, steel tanks, poly tanks, stainless steel tankers, metal lid boxes, roll tarp boxes, dewatering boxes, vacuum boxes, fittings and hoses, filtration, hose cradles, pipes, road crossings, manifolds, valves, flow meters, level indicators, traction mats, and spill containment systems; loading and unloading of items listed with a forklift; pressure testing of items listed; and maintenance of listed items. 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") to change the zoning for Lots 1 and 2, Block 2, Suntide Industrial Park, from the "CG-2/SP" to CG-2/SP" with different special permit conditions; and amending the Comprehensive Plan 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 byArdoin 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 Lots 1 and 2, Block 2, Suntide Industrial Park, 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 CG-2/SP" General Commercial District with Special Permit (Zoning Map No. 056047) by revising the special permit conditions set forth in Ordinance 028925. 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 Special Permit conditions set forth in Ordinance 028925, dated January 18, 2011, in reference to Lots 1 and 2, Block 2, Suntide Industrial Park is amended by adding the following language that is underlined ( d ) and deleting the language that is stricken ( et ) as delineated below- 1 .... 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L...................................................................................................................IL............................................................................................. use lis scounL nue for a ore Hiaun ilia noun uu�.Lve a ounHis ................................................................................................................................................................................................................................................................................................................................ SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. 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 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 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 Conditions, Ordinance 028925 To: Revised Conditions City Council Presentation January 16, 2018 Subject Property at 8254 and 8128 Leopard Street Itppp � F$�. ii6'a AR d,'rk" i 0 A, Special Permit Conditions 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district are: a. Storage of Storage Containers, Security Offices, Pumps, Steel Tanks, Poly Tanks, Stainless Steel Tankers, Metal Lid Boxes, Roll Tarp Boxes, Dewatering Boxes, Vacuum Boxes, Fittings & Hoses, Filtration, Hose Cradles, Pipes, Road Crossings, Manifolds, Valves, Flow Meters, Level Indicators, Traction Mats, and Spill Containment Systems. b. Loading and Unloading of items listed in item A, with a forklift. c. Pressure testing of Steel Tanks, Poly Tanks, Stainless Steel Tankers, Metal Lid Boxes, Dewatering Boxes, Vacuum Boxes, Fittings & Hoses, Manifolds, Valves, Flow Meters, and Spill :u f Special Permit Conditions Containment Systems d. Maintenance of items listed in A, including repair (welding, plasma cutting, grinding, and other common metal working tasks), pressure washing, and paint touch up. All units are cleaned at a separate 3rd party location, certified clean and brought to this site. No hazardous material are brought back to this location. 2. Hours of Operation: The hours of normal operation shall be from 7:00 AM to 7:00 PM Monday through Friday. 3. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residences. d a/ P S ecial Permit Conditions 4. Noise: Noise regulations shall be subject to Section 31-3. of the Municipal Code. 5. Buffer Area: The buffer area is defined as the area between the storage and the single-family residences to the north of the property. The separation shall be maintained at 20 feet between the storage and the fence abutting the single-family residences to include 20 points of buffer yard requirements as per section 7.9.7 of the UDC. No expansion of the building or storage into this area shall be allowed. The property owner shall maintain and keep the existing six (6) foot fence in good condition. No parking shall be allowed in the buffer area. a \1 Special Permit Conditions 6. Height Restrictions: The units shall not be stacked more than two units high at the perimeter abutting residential uses. Those units shall be secured down. 7. Surface Area: To prevent dust control, the work yard shall be made with materials recommended in the geotechnical report completed by Terracon Consultants, Inc. on December 8, 2017. 8. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. c� Staff Recommendation Approval of the Revised Conditions for Special Permit at 8254 and 8128 Leopard Street 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 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: Amending Corpus Christi Code of Ordinances, Sections 14-281 & 14-291 authorizing third-party inspection reporting system for backflow preventers; authorizing the execution of a one year agreement with Brycer, LLC, of Warrenville, IL for a third-party inspection reporting system, with the option to renew annually with City Council approval; and 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 a one year agreement with Brycer, LLC, of Warrenville, IL for a third-party inspection reporting system, with the option to renew annually with City Council approval; and 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 ( c ) and deleting the language that is stricken ( e'e�) 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 1 5047, ASSE 5048, ASSE 5052, ASSE 5056, CSA B64.10 or CSA B64.10.1 . "I'll,Il'll,lIellI OUl61ng gode gffi6aIla may gtHlze a Hhrd.. !ly nspeg[l0111 repgu,fing §y§1g!n for Hie J2 ec ,ii, 2 2�..........2212 29 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 (Laddod) and deleting the language that is stricken (de4e�) 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. IIhe ouHd,,i I.................22"d 2.................2ffJ'C'l a,Il.................rn,ay.................�:11,il�ze a HILJ122 q,Y "I'lI'llI'll'll""I'll""I'll",'ll""I'll""I'll",'ll"'llI'llI'll""I'll",'ll""II.................. ills 2eg[�o In repg�,fing §y§tern for Hie p�,escijbed recoiJk2eam: Section 3. The City Manager or designee is authorized to execute a one year agreement with the option to renew annually with City Council approval 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 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,IL 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: "The Compliance Entine" Dear: Mr. Delauro We look forward to providing you with "The Compliance Engine" (the "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: 1. Term: Brycer will provide Client with the Solution for one year, commencing upon execution (the "Initial Term"). This Agreement includes an option to renew annually with City Council approval. Thereafter, an option to renew may be terminated by Brycer in writing at least 90 days prior to the expiration of the then current Term (each, a "Renewal Term" and together with the Initial Term, the "Term"). Following the expiration or termination of the Term (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. 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 14-1313 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. Brycer Responsibilities: 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 B. 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 Term, 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. Brycer 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 any updates, corrections, or enhancements to the Solution during the Term, Brycer shall promptly provide such updates or corrections to Client free of any charge or fee. 4. Client Responsibilities: During the Term, Client shall be responsible for the following in connection with Client's use of the Solution: • Operating System. 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 11.0, 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. • Information. 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. Ownership of Data. 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. 2232885/3/13399.000 Please acknowledge your acceptance of this proposal and our standard Terms and Conditions by counter-signing this proposal below. We look forward to a long-term and mutually beneficial relationship with you. Brycer, LLC Its: PRESIDENT Acknowledged and Agreed to this day of 20 [CLIENT] By: Its: 2232885/3/13399.000 Exhibit A Terms and Conditions Any capitalized terms not defined in these Terms and Conditions shall have the meaning assigned to it in that certain Letter Agreement attached hereto by and between Brycer,LLC and Client(the"Agreement). 1. Restrictions on Use. Client shall not copy,distribute,create derivative works of or modify the Solution in any way. Client agrees that:(a)it shall only permit its officers and employees(collectively,the"Authorized Users')to use the Solution for the benefit of Client;(b)it shall use commercially reasonable efforts to prevent the unauthorized use or disclosure of the Solution;(c)it shall not sell,resell,rent or lease the Solution;(d)it shall not use the Solution to store or transmit infringing or otherwise unlawful or tortious material,or to store or transmit material in violation of third party rights;(e)it shall not interfere with or disrupt the integrity or performance of the Solution or third-party data contained therein;and(f)it shall not reverse engineer,translate,disassemble,decompile or otherwise attempt to create any source code which is derived from the Solution. Client is responsible for all actions taken by the Authorized Users in connection with the Solution. 2. Proprietary Rights. All right, title and interest in and to the Solution and any and all derivative works or modifications thereof(the "Derivative Works"), and any accompanying documentation, manuals or other materials used or supplied under this Agreement or with respect to the Solution or Derivative Works(the"Documentation"),and any reproductions works made thereof,remain with Brycer. Client shall not remove any product identification or notices of such proprietary rights from the Solution. Client acknowledges and agrees that, except for the limited use rights established hereunder, Client has no right,title or interest in the Solution,the Derivative Works or the Documentation. 3. Independent Contractor. Nothing in the Agreement may be construed or interpreted as constituting either party hereto as the agent, principal, employee or joint venturer of the other. Each of Client and Brycer is an independent contractor. Neither may assume,either directly or indirectly,any liability of or for the other party. Neither party has the authority to bind or obligate the other party and neither party may represent that it has such authority. 4. Reservation of Rights. Brycer reserves the right, in its sole discretion and with prior notice to Client, to discontinue, add, adapt, or otherwise modify any design or specification of the Solution and/or Brycer's policies, procedures, and requirements specified or related hereto. All rights not expressly granted to Client are reserved to Brycer,including the right to provide all or any part of the Solution to other parties. 5. Use of Loos. During the term of this Agreement,Brycer shall have the right to use Client's logos for the purpose of providing the Solution to Client. 6. Confidential Information. Brycer and Client acknowledge and agree that in providing the Solution,Brycer and Client,as the case may be, may disclose to the other party certain confidential, proprietary trade secret information ("Confidential Information"). Confidential Information may include,but is not limited to,the Solution,computer programs,flowcharts,diagrams,manuals,schematics,development tools,specifications,design documents,marketing information,financial information or business plans. Each party agrees that it will not, without the express prior written consent of the other party,disclose any Confidential Information or any part thereof to any third party. Confidential Information excludes information: (a)that is or becomes generally available to the public through no fault of the receiving party; (b)that is rightfully received by the receiving party from a third party without limitation as to its use; or(c)that is independently developed by receiving party without use of any Confidential Information. At the termination of this Agreement,each party will return the other party all Confidential Information of the other party. Each party also agrees that it shall not duplicate, translate,modify, copy, printout,disassemble,decompile or otherwise tamper with any Confidential Information of the other party or any firmware,circuit board or software provided therewith.Notwithstanding the foregoing,the parties acknowledge that Client shall be permitted to comply with any all federal and state laws concerning disclosure. 7. Brycer Warranty. Brycer represents and warrants to Client that Brycer has all rights necessary in and to any patent,copyright,trademark, service mark or other intellectual property right used in,or associated with,the Solution,and that Brycer is duly authorized to enter into this Agreement and provide the Solution to Client pursuant to this Agreement. 8. Disclaimer. All information entered into Brycer's database is produced by third party inspectors and their agents. THEREFORE, BRYCER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ENTERED INTO BRYCER'S DATABASE BY EITHER CLIENT OR THIRD PARTY INSPECTORS. EXCEPT AS SET FORTH IN SECTION 7,BRYCER MAKES NO OTHER WARRANTY,EXPRESS OR IMPLIED,WITH RESPECT TO THE SOLUTION OR ANY OTHER INFORMATION AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED,ARE HEREBY DISCLAIMED,INCLUDING,WITHOUT LIMITATION,THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BRYCER'S SOLE LIABILITY FOR BREACH OF THE REPRESENTATION AND WARRANTY SET FORTH IN SECTION 7, AND CLIENT'S SOLE REMEDY,SHALL BE THAT BRYCER SHALL INDEMNIFY AND HOLD RECIPIENT HARMLESS FROM AND AGAINST ANY LOSS, SUIT, DAMAGE, CLAIM OR DEFENSE ARISING OUT OF BREACH OF THE REPRESENTATION AND WARRANTY. 9. LIMITATION ON DAMAGES.EXCEPT AS OTHERWISE PROVIDED IN SECTION 7,IN NO EVENT SHALL BRYCER BE LIABLE FOR OR OBLIGATED IN ANY MANNER FOR SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR SYSTEM DOWNTIME. CLIENT ACKNOWLEDGES AND AGREES THAT IN NO CASE SHALL BRYCER 'S LIABILITY FOR ANY LOSS OF DATA OR DATA INTEGRITY EXCEED THE REPLACEMENT COST OF THE MEDIA ON WHICH THE DATA WAS STORED. 10. Risks Inherent to Internet. Client acknowledges that: (a)the Internet is a worldwide network of computers,(b) communication on the Internet may not be secure,(c)the Internet is beyond the control of Brycer,and(d)Brycer does not own,operate or manage the Internet. Client also acknowledges that there are inherent risks associated with using the Solution,including but not limited to the risk of breach of security,the risk of exposure to computer viruses and the risk of interception,distortion,or loss of communications. Client assumes these 2232885/3/13399.000 risks knowingly and voluntarily and indemnifies and holds Brycer harmless from all liability from all such risks. Not in limitation of the foregoing,Client hereby assumes the risk,and Brycer shall have no responsibility or liability of any kind hereunder,for:(1)errors in the Solution resulting from misuse,negligence,revision,modification,or improper use of all or any part of the Solution by any entity other than Brycer or its authorized representatives;(2)any version of the Solution other than the then-current unmodified version provided to Client; (3)Client's failure to timely or correctly install any updates to the Client Access Software;(4)problems caused by connecting or failure to connect to the Internet; (5)failure to provide and maintain the technical and connectivity configurations for the use and operation of the Solution that meet Brycer's recommended requirements; (6) nonconformities resulting from or problems to or caused by non-Brycer products or services;or(7)data or data input,output,accuracy,and suitability,which shall be deemed under Client's exclusive control. 11. Indemnity. Brycer(the"Indemnifying Party") will defend and indemnify the Client against any damages, losses, liabilities, causes of action, costs or expenses(including reasonable attorneys' fees)arising from the Brycer's breach of this Agreement, gross negligence or intentional misconduct.Client will hold Brycer harmless against any damages,losses,liabilities,costs or expenses,claims,demands,suits or proceedings made or brought against Brycer by a third party in connection with Client's or an Authorized User's use of the Solution,or any action or inaction taken by a third party, including, but not limited to, third party inspectors, in connection with such third party providing services for Client or otherwise at Client's or an Authorized User's request or direction 12. Breach. Brycer shall have the right to terminate or suspend this Agreement, and all of Client's rights hereunder, immediately upon delivering written notice to Client detailing Client's breach of any provision of this Agreement. If Client cures such breach within 5 days of receiving written notice thereof,Brycer shall restore the Solution and Client shall pay any fees or costs incurred by Brycer in connection with the restoration of the Solution. 13. Illegal Pa}nuents. Client acknowledges and agrees that it has not received or been offered any illegal or improper bribe,kickback,payment, gift or anything of value from any employee or agent of Brycer in connection with the Agreement. 14. Beneficiaries. There are no third party beneficiaries to the Agreement. 15. Force Maieure. Neither party shall be responsible for any failure to perform due to unforeseen,non-commercial circumstances beyond its reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, earthquakes,blackouts,accidents,or strikes. In the event of any such delay,any applicable period of time for action by said party may be deferred for a period of time equal to the time of such delay,except that a party's failure to make any paymentwhen due hereunder shall not be so excused. 16. Notices. All notices required in the Agreement shall be effective: (a) if given personally, upon receipt; (b) if given by facsimile or electronic mail,when such notice is transmitted and confirmation of receipt obtained;(c)if mailed by certified mail,postage prepaid,to the last known address of each party,three business days after mailing;or(d)if delivered to a nationally recognized overnight courier service, one business day after delivery. 17. Assim ment. The Agreement may not be assigned or transferred by Client without the prior written consent of Brycer and any purported transfer in violation of this section shall be null and void. The Agreement shall be binding upon and inure to the benefit of the parties thereto and their respective successors and representatives. 18. JURISDICTION AND VENUE. THE AGREEMENT SHALL BE GOVERNED BY, CONSTRUED AND INTERPRETED IN ACCORDANCE WITH,AND ENFORCEABLE UNDER,THE LAWS OF THE STATE OF TEXAS. THE PARTIES IRREVOCABLY AGREE THAT ALL ACTIONS OR PROCEEDINGS IN ANY WAY, MANNER OR RESPECT ARISING OUT OF OR FROM OR RELATED TO THE AGREEMENT SHALL BE LITIGATED ONLY IN COURTS LOCATED WITHIN NUECES COUNTY, STATE OF TEXAS. THE PARTIES HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF ANY LOCAL, STATE OR FEDERAL COURT LOCATED WITHIN SAID STATE AND COUNTY. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRANSFER OR CHANGE VENUE OF ANY SUCH ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY ON ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THE AGREEMENT,AND AGREE THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY. 19. Attorneys' Fees. The prevailing party in any proceeding in connection with the Agreement shall be entitled to recover from the non- prevailing party all costs and expenses,including without limitation,reasonable attorneys' and paralegals'foes and costs incurred by such party in connection with any such proceeding. 20. Entire Agreement. The Agreement sets out the entire agreement between the parties relative to the subject matter hereof and supersedes all prior or contemporaneous agreements or representations,oral or written. 21. Amendment. The Agreement may not be altered or modified,except by written amendment which expressly refers to the Agreement and which is duly executed by authorized representatives of both parties.The waiver or failure by either party to exercise or enforce any right provided for in the Agreement shall not be deemed a waiver of any further right under the Agreement. Any provision of the Agreement held to be invalid under applicable law shall not render the Agreement invalid as a whole,and in such an event, such provision shall be interpreted so as to best accomplish the intent of the parties within the limits of applicable law. The Agreement may be executed by facsimile and in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. 22. Expiration. The rights and obligations contained in these Terms and Conditions shall survive any expiration or termination of the Agreement. 23. Certificate of Interested Parties. Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. 2232885/3/13399.000 Form 1295 requires disclosure of"interested parties"with respect to entities that enter contracts with cities.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 (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:Hwww.ethics.state.tx.us/whatsnekv/elf_info_foiM1295: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 httL2s:Hwww.ethics.state.tx.us/legal/ch46.html. 24. Conflict of Interest. Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office,if required. For more information and to determine if you need to file a Form CIQ,please review the information on the City Secretary's website at http://www.cctexas.com/aovemment/city-secretary/conflict-disclosure/index 25. Insurance Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance("COP'), 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 Exhibit C,the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 26. Verification Regarding Israel. In accordance with Chapter 2270,Texas Government Code,the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it:(1)does not boycott Israel;and (2)will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 2232885/3/13399.000 Exhibit B Maintenance Schedule and Minimum Service Levels 1. Uptime and Maintenance. The Solution shall be available 24 hours per day during the term of this Agreement. The Solution shall be fully functional, timely and accessible by Client at least 99.5% of the time or better and Brycer shall use reasonable efforts to provide Client with advance notice of any unscheduled downtime. 2. Response Time. 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. Customer Support Customer support hours are 24/7/365. The toll free number is 1-855-279-2371 Brycer will assign client a dedicated customer representative with direct access to their email and work number. EXHIBIT C INSURANCE REQUIREMENTS L CONTRACTOR'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 must be 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 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 applicable Per occurrence - aggregate policy endorsements Commercial General Liability including: $1,000,000 Per Claims Made 1. Commercial Broad Form 2. Premises — Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased CRIME/EMPLOYEE DISHONESTY $1,000,000 Per Claims Made 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 IL 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 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- VII. 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 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 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. L 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 SC o� � AGENDA MEMORANDUM 1 st Reading Ordinance for the City Council Meeting of December 12, 2017 NORPORPE2nd Reading Ordinance for the City Council Meeting of January 16, 2018 1852 DATE: November 10, 2017 TO: Margie C. Rose, City Manager FROM: Keith Selman, Assistant City Manager Keith Secctexas.com (361) 826-3898 Ordinance creating restrictions for Barge Dock Parking CAPTION: Ordinance adding Chapter 53, Section 178 "Barge Dock Parking" to the Corpus Christi Code of Ordinances to prohibit parking at barge dock from 10:00 p.m. to 6:00 a.m.; and providing an effective date, for severance, for penalty and for publication. PURPOSE: The purpose of this item is to create restrictions on the Barge Dock to manage after- hour access. BACKGROUND AND FINDINGS: There is a long-standing issue on Shoreline Boulevard regarding vehicles with after- market modifications creating negative tourist experiences for the hotels along Shoreline and physical damage to city property. The common perception is that there is speeding and street racing however, a speed trailer and three-week street racing operation conducted in 2016 found that there was not flagrant illegal activity occurring. Staff has worked with Shoreline stakeholders for the past year to develop solutions that address the specific issues impacting each of the stakeholders. This item addresses one of those specific issues, abuse of the Barge Dock. The Barge Dock at the end of Shoreline Boulevard provides parking for the American Bank Convention Center and Art Museum of South Texas. After the regular hours of operation, the Barge Dock is sometimes utilized for activities not intended. As a result, the Art Museum of South Texas incurs damage on a regular basis, including broken windows, false security alarms, and tire burns. Since this damage occurs after hours, it is difficult to catch those responsible. After evaluating options, it was determined that gates could be installed to limit vehicular access to regular business hours. An ordinance is needed to create enforceable restrictions to vehicular access. Signage will also be installed. The vehicular restriction is proposed from 10:00 PM to 6:00 AM*. The Barge Dock will still be accessible by foot to those who utilize the structure for nighttime fishing. The Art Museum of South Texas and SMG will still be able to utilize the Barge Dock for special event parking. The Barge Dock also serves as a component of the Seawall Protection System, funded by the Type A Seawall Sales Tax. Currently there is a project in the works for improvements to the Barge Dock that will protect the integrity of the structure and address maintenance issues. Additional improvements, such as wheel stops, will be added in this capital project. Note *: The 1St reading of this ordinance was for a 6 PM to 6 AM limitation, but following feedback after the 1St reading, staff has loosened the restriction from 6 PM to 10 PM. ALTERNATIVES: Staff considered including the gates as part of the Type A Seawall project, but delays in the timeline created need for the gates and curfew to move forward in advance. OTHER CONSIDERATIONS: Not Applicable. CONFORMITY TO CITY POLICY: Not Applicable. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Police, Legal, Traffic Engineering 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): Comments: Not Applicable. RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance — Barge Dock Vehicular Curfew Presentation — Barge Dock Issues Ordinance adding Chapter 53, Section 178 "Barge Dock Parking" to the Corpus Christi Code of Ordinances to prohibit parking at barge dock from 10:00 p.m. to 6:00 a.m.; and providing an effective date, for severance, for penalty and for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 53 of the Corpus Christ Code of Ordinances is revised to add section 53-178 to read as follows: Sec. 53...1 ` . ....... I[3ar. Dock II:Iarklin . u u IIS II II u'k v Il cli t tI, Ilo2a,i[ g, EEl i in II I I ,2twee n Illi .................................L....................................................................11................................................................................................................................."I ..........................................L...............................3......................................................................................... ogir 1000 2.0 . to 600 .0 . I d�:I�Jng §pggl4t events s ...II...II L2,22 22E 22a Il li"' II I! lig li . u I °: a between Illi hm:L§ to 600 a 'n V6,ildes eine un l to Iloe towed d�:!u-ulg 22224t events u Il li un . '20 un li u . li a . a" !J un I to Secllon 5317'6 SECTION 2. This ordinance takes effect after official publication. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 4. Penalties are as provided in Section 53-41 of the Code of Ordinances. SECTION 5. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Page 1 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 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: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 2 Barge Dock Parking Restrictions Council Presentation January 16, 2018 Overview • Ordinance to Establish j/ Restrictions for Barge Dock Parking 0 0 F)M - 0 ,ANIs 10PM - 6AM r � t • Includes Barge Dock Gates • Includes Posted Signage • Operated by SMG � • Still available for special events at ABC and Art Museum • Still accessible to fisherman at night 2 Damage to Art Museum �//�� � uuuuuuuuuuu li f� // 'i� VVVVVVVVVVV %', r �mC ✓ ! yin iii//%/�/% :u Damage to Barge Dock i !Yr!llt� i� s� ��Rr;l ^,r�h" �r ✓ l I l �y �f Nair"; !,., a,.���>„ "���"�lr�r� ui� ,w✓;,1„�, u�,'';i�(� �ln��,',��j'��,'��J iv� 'fi ����1J�f(1�''!�����.�6�,,.���p.' ri!�. LN Damage to Barge Dock i Location of Gates Omll- /�Ii ,�a:v�,s�it �✓te, � fF! ��//ni,,, j/�i7f l � f � p � ✓ate^ Il�! r A'ro; s �%1�r r/J � I/r r �, /�i r r /%///l!l{i��ll�//�//��/r✓r �J///rt///r �.�ar , 1. Il�r i ,/✓' llr i �/�>!/'����r � f/l ��r/� , ��j r9 j l//i / ¢.CHs l� ��%� n gyvs ct� v AGENDA MEMORANDUM First Reading of Ordinance for the City Council Meeting of Jan. 16, 2018 "cis52Ea Second Reading of Ordinance for the City Council Meeting of Jan. 23, 2018 DATE: December 29, 2017 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Acceptance of$1,000.00 donation from Wal-Mart to support the Corpus Christi Fire Department Smoke Alarm Program CAPTION: Ordinance authorizing the City Manager or designee to accept a donation from Walmart in the amount of $1,000 to be used to support the Corpus Christi Smoke Alarm Program; and appropriating $1,000 from Walmart into the Fire Grant Fund No. 1062. PURPOSE: Every year Wal-Mart Stores give out donations through it's"Safe neighborhood Heroes" program. This year Walmart has donated $1,000.00 to the Corpus Christi Fire Department to support it's Smoke Alarm Program. The Fire Department will purchase smoke alarms and provide them to the public upon request. ALTERNATIVES: If we don't accept the donation, we will have to seek alternative funding. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of ordinance to accept and appropriate donation 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: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $1,000.00 $1,000.00 BALANCE $1,000.00 $1,000.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to accept the donation and appropriate the funds in the amount of$1,000.00 LIST OF SUPPORTING DOCUMENTS: 1) Ordinance Ordinance Authorizing the City Manager or designee to accept a donation from Walmart in the amount of $1,000 to be used to support the Corpus Christi Smoke Alarm Program; and appropriating $1,000 from Walmart into the Fire Grant Fund No. 1062 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a donation from Walmart in the amount of$1,000 to be used support the Corpus Christi Smoke Alarm Program. SECTION 2. That $1,000 from Walmart is appropriated in the Fire Grant Fund No. 1062 to be used to purchase smoke alarms. 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 SC o� � v AGENDA MEMORANDUM NORPgRpEO First Reading Ordinance for the City Council Meeting of Jan. 16, 2018 1852 Second Reading Ordinance for the City Council Meeting of Jan. 23, 2018 DATE: December 29, 2017 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Acceptance of a check from Koch Companies Public Sector, LLC in the amount of$10,000.00 as a donation from their 2017 Helping Heroes Grant Program. CAPTION: Ordinance authorizing the City Manager or designee to accept a grant from Koch Companies Public Sector, LLC 2017 Helping Heroes Grant Program in the amount of$10,000.00 to be used to purchase a Hazardous Chemical Detector; and appropriating $10,000.00 from Koch Companies Public Sector; LLC into the Fire Grant Fund No. 1062. PURPOSE: Koch Companies Public Sector, LLC has forwarded to the Corpus Christi Fire Department a check in the amount of$10,000 as a grant from their Helping Heroes Grant Program. The funds are to be used to purchase a Hazardous Chemical Detector to assist firefighters in mitigating Hazardous Material Incidences. The grant was unsolicited. This is the third year Koch Companies have awarded the Fire Department $10,000. ALTERNATIVES: If we don't accept the grant, we will have to seek alternative funding. 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 Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $10,000.00 $101000.00 BALANCE 1 $10,000.00 1 J $10,000.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to execute all documents necessary to accept the grant and appropriate the funds in the amount of$10,000. LIST OF SUPPORTING DOCUMENTS: 1) Ordinance Ordinance authorizing the City Manager or designee to accept a grant from Koch Companies Public Sector, LLC 2017 Helping Heroes Grant Program in the amount of $10,000.00 to be used to purchase a Hazardous Chemical Detector; and appropriating $10,000.00 from Koch Companies Public Sector; LLC into the Fire Grant Fund No. 1062 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from Koch Companies Public Sector, LLC 2017 Helping Heroes Grant Program in the amount of $10,000.00 to be used to purchase a Hazardous Chemical Detector. SECTION 2. That $10,000.00 from Koch Companies Public Sector, LLC is appropriated in the Fire Grant Fund No. 1062 to be used to purchase a Hazardous Chemical Detector. 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 SC v AGENDA MEMORANDUM /rygORPOBPIEO First Reading Ordinance for the City Council Meeting of January 16, 2018 1852 Second Reading for the City Council Meeting of January 23, 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 utility easement located south of Yorktown Boulevard between Malamute Drive and Bay Drive CAPTION: Ordinance abandoning and vacating 0.157 acre of an existing utility easement out of a portion of Rodd Village, Block 2, Lots 6,7,8,9 and 10, located south of Yorktown Boulevard between Malamute Drive and Bay Drive and requiring the owner, Hooten Family Trust and Thomas Nathan Clark, to comply with the specified conditions. PURPOSE: The purpose of this ordinance is to eliminate a portion of a utility easement to allow for Hooten Family Trust and Thomas Nathan Clark to build on the area the easement presently occupies. BACKGROUND AND FINDINGS: Hooten Family Trust and Thomas Nathan Clark (Owner) is requesting the abandonment and vacation of a 0.157 acre utility easement out of a portion of Rodd Village, Block 2, Lots 6,7,8,9 and 10, located south of Yorktown Boulevard between Malamute Drive and Bay Drive. This abandonment and vacation of the utility easement is being requested by the owner for new construction. The existing utility easement 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 conform to the City Code of Ordinances Section 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 utility easement 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 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 Hooten Family Trust and Thomas Nathan Clark (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 0.157 acre of an existing utility easement out of a portion of Rodd Village, Block 2, Lots 6,7,8,9 and 10, located south of Yorktown Boulevard between Malamute Drive and Bay Drive and requiring the owner, Hooten Family Trust and Thomas Nathan Clark, to comply with the specified conditions. WHEREAS, Hooten Family Trust and Thomas Nathan Clark (Owner) is requesting the abandonment and vacation of 0.157 acre of an existing utility easement out of a portion of Rodd Village, Block 2, Lots 6,7,8,9 and 10, located south of Yorktown Boulevard between Malamute Drive and Bay Drive; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 0.157 acre of an existing utility easement, 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 Hooten Family Trust and Thomas Nathan Clark (Owner), a 0.157 acre of an existing utility easement out of a portion of Rodd Village, Block 2, Lots 6,7,8,9 and 10, located south of Yorktown Boulevard between Malamute Drive and Bay Drive, as recorded in Volume 66, Pages 85-93 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 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. The maintenance responsibilities for the vacated easement reverts to Hooten Family Trust and Thomas Nathan Clark (Owner). c. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. 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 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 August 10,2017 17029-M&B-UE.doc UTILITY EASEMENT CLOSURE TRACT STATE OF TEXAS § COUNTY OF NUECES § Description of a 0.157 acre tract of land, more or less, a portion of Rodd Village, Block 2, Lots 6, 7, 8, 9, and 10, a map of which is recorded in Volume 66, Pages 85 - 93, Map Records, Nueces County, Texas, said 0.157 acre tract of land as further described by metes and bounds as follows: BEGINNING at a point in the southeast right-of-way line of Malamute Drive which bears N28°36'06"E 122.66' from the westernmost corner of said Lot 9, said beginning point for the westernmost corner of the tract herein described; THENCE N28036'06"E along said southeast right-of-way line of Malamute Drive, at 7.53' pass the westernmost corner of said Lot 8, in all a distance of 15.06'to a point for the northernmost corner of the tract herein described; THENCE along a line 7.50' northeast of and parallel to the southwest boundary line of said Lots 8, 7 and 6 S66031'52"E 457.24' to a point in the northwest right-of-way line of Bay Drive for the easternmost corner of the tract herein described; THENCE S28034'20"W along said northwest right-of-way line of Bay Drive, at 7.53' pass the easternmost corner of said Lot 10,in all 15.06'to a point for the southeast corner of the tract herein described; THENCE N66031'52"W 457.25' along a line 7.5' southwest of and parallel to the northeast boundary line of said Lots 10 and 9 to the POINT OF BEGINNING, a sketch showing said Utility Easement Closure Tract is attached hereto as Exhibit`B". 000e__� .� on M.Welsh,R.P.L.S. ,µ;....*.... •, 141:(CW M.WELSH 2211 su EXHIBIT Page 1 of 1 CL MALAMUTE DRIVE_ N28° 36' 06" E 15, 06' N28° 36' 06" E 122. 66' J Ln w 5 UTILITY EASEMENT CLOSURE TRACT, 0. 157 AC. 9 4 8 < O 01% N ry cp 2 (� °CA 3 N N R❑DD VILLAGE, r i V. 66, P. 85 — 93, M. R. ,,p O W m P ii7 cfl cil 71� 3 J -__ I 7 O cil Z bd r 2 < ti 10 6 1 J Ln W S28° 34' 20" W 15. 06' CL BAY DRIVE BASS WELS EXHIBIT B CORP SN CHR STI,TX ENGINEERING S KETCH TO ACCOMPANY COMP. N0. EXB—UE CLO JOB N0. 17029 METES AND BOUNDS DESCRIPTION SCALE: 1" = 60' PLOT SCALE: SAME 1" = 60' PLOT DATE: 08/10/17 SHEET 1 OF 1 01<I N T T q� ti meq. AZ) PYRENEES q� �O EXHIBIT "C" LOCATION MAP UTILTY EASEMENT CLOSURE 1" = 500' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-DE LOCATION, JOB NO. 17029, SCALE: 1" = 500' PLOT SCALE: SAME, PLOT DATE: 10/23/17, SHEET 1 OF 1 • V e S� • i i Easement Closure for Rodd Village, Block 2, lots 6,7,8,9 and 10 City Council Presentation January 16, 2018 m . . Aerial Overview AjlllpPn lip o ip un G I r I' �4 IIIA � � I r�it IIII '/�/ � �r fJi� 4/�✓fir ��/r �i�� r � IIIIIIII Vicinity Map i s Staff Recommendations 4 7 �y Staff recommends: • Approval of the proposed Easement Closure. SC v AGENDA MEMORANDUM /rygORPOBPIEO First Reading for the City Council Meeting of January 16, 2018 1852 Second Reading for the City Council Meeting of January 23, 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 utility easement located at 4002 and 4018 South Padre Island Drive CAPTION: Ordinance abandoning and vacating 0.0446 acre of an existing utility easement out of Geo J. Merriman Subdivision, Lots 1-A and 4-A, located at 4002 and 4018 South Padre Island Drive and requiring the owner, Weber Dorado Partners, LLC., to comply with the specified conditions. PURPOSE: The purpose of this ordinance is to eliminate a portion of an utility easement to allow for Weber Dorado Partners, LLC. to build on the area the easement presently occupies. BACKGROUND AND FINDINGS: Weber Dorado Partners, LLC. (Owner) is requesting the abandonment and vacation of a 0.0446 acre utility easement out of Geo J. Merriman Subdivision, Lots 1-A and 4-A, located at 4002 and 4018 South Padre Island Drive. This abandonment and vacation of the utility easement is being requested by the owner for new construction. The existing utility easement contains a wastewater main that shall be relocated by the applicant. 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 49-13. 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 utility easement 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 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 Weber Dorado Partners, LLC. (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: Ordinance with Exhibits Power Point Presentation Ordinance abandoning and vacating 0.0446 acre of an existing utility easement out of Geo J. Merriman Subdivision, Lots 1-A and 4-A, located at 4002 and 4018 South Padre Island Drive and requiring the owner, Weber Dorado Partners, LLC., to comply with the specified conditions. WHEREAS, Weber Dorado Partners, LLC. (Owner) is requesting the abandonment and vacation of 0.0446 acre of an existing utility easement out of Geo J. Merriman Subdivision, Lots 1-A and 4-A, located at 4002 and 4018 South Padre Island Drive; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 0.0446 acre of an existing utility easement, 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 Weber Dorado Partners, LLC. (Owner), a 0.0446 acre of an existing utility easement out Geo J. Merriman Subdivision, Lots 1-A and 4-A, located at 4002 and 4018 South Padre Island Drive, as recorded in Volume 57, Page 6 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 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. The existing utility easement contains a wastewater main that shall be relocated by the applicant. c. The maintenance responsibilities for the vacated easement reverts to Weber Dorado Partners, LLC. (Owner). d. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. 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 STATE OF TEXAS NUECES COUNTY EXHIBIT"A" Field Note Description for a 0.0446 acre lease(1,943 Square Feet),out of Lot 1-A,George J. Merriman Subdivision,as recorded in Volume 57, Page 6, Map Records of Nueces County,Texas(M.R.N.C.T.), and conveyed to Eddie Yaklin in Document No.#20030625,Official Public Records of Nueces County,Texas (O.P.R.N.C.T.),and Lot 4-A,of the said George J. Merriman Subdivision,as conveyed to Eddie Yaklin in Document No.#2006066859,O.P.R.N.C.T.,the said 0.0446 acre lease(1,943 Square Feet) being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod with red plastic cap stamped "URBAN"found on the south Right- of-Way(R.O.W.) line of Delphine Street(50 foot R.O.W.),as recorded in the said Merriman Subdivision, same point being the east corner of A CALLED 0.941 acres out of Lot 4-A of the said George J. Merriman Subdivision,as conveyed to Eddie Yaklin in Document No. #2006066859,O.P.R.N.C.T. and the north corner of the said A CALLED 1.017 acre tract out of Lot 4-A as conveyed to Tinker Belle Trombley in Document No.#2015020962,O.P.R.N.C.T.,from which the"POINT OF BEGINNING"bears South 28°43'42"West,30.00 feet and North 61°16'18"West,55.78 feet to the"POINT OF BEGINNING"of the herein described 0.0446 acre utility easement closure; THENCE North 61°16'18"West,continuing across the said Lot 4-A a distance of 74.32 feet to a point for an interior corner of the said 0.0446 acre utility easement closure; THENCE South 28°42'59"West,continuing across the said Lot 4-A,George J. Merriman Subdivision a distance of 110.00 feet to a point for an interior corner of the herein described 0.0446 acre utility easement closure; THENCE North 61°17'01"West,continuing across the said Lot 4-A,George J. Merriman Subdivision,at 5 feet departing the said Lot 4-A, and crossing into the said Lot 1-A,in all a distance of 10.00 feet to a point for a corner of the herein described 0.0446 acre utility easement closure; THENCE North 28°42'59" East,continuing across the said Lot 1-A,George J. Merriman Subdivision a distance of 120.00 feet to a point for a corner of the herein described 0.0446 acre utility easement closure,- THENCE losure;THENCE South 61°16'18" East,continuing across the said Lot 1-A,George J. Merriman Subdivision at 5 feet departing Lot 1-A,and crossing into Lot 4-A,in all distance of 84.32 feet to a point for a corner of the herein described 0.0446 acre utility easement closure; THENCE South 28°43'42"West,continuing across the said Lot 4-A,George J. Merriman Subdivision a distance of 10.00 feet to the"POINT OF BEGINNING"and containing within these metes& bounds 0.0446 acre lease(1,943 Square Feet),of land, more or less. (All bearings are based on The Texas Coordinate System,South Zone 4205, NAD83). I hereby certify that the foregoing legal description was prepared from survey performed on the ground under my supervision and it correctly represents the facts found at the time of the survey,on this the 14th day of September,2017. Xi(vier Sandoval ( Registered Professional Land Surveyor • ." ,, License No. 5886 State of Texas +5.4 r 4F � o y'a. Spf, ryy. �� dr N " \\\ M sqN q<(fy // \\\ \\ \ 4 \F�p/Y/7y �/CNp r�J Rk -7' /oocunEN P.R N.coozooe,e. P4 LOT 1-A / (1.35 ACRES) �� (58,822 SQ.FT.) / �„ o .J2, \10.00\ \\ E EA, \ \\ \\\ N 61'17'01"W \\ \\ / c / 10.00' LOT 4-A \\\ 1.95 ACRES) \\\ \ V / KUN uoc.No.[memmroV (85,270 SQ.FT.) vv v EOOIE rA GLLACRES, ENTLOi I-A,J.C."P.R.I C.T., \ \ \UL 57$PC.6,P.R.N.CR.., > CDC.NO.#200]082580,O.P.R.N.C.T. / \ EOOIE'—N / y \ GLLfO 0.941 ACRES OUT OF \ / \ \ AL LOT 4-A,J.C.MFRRIMPN SUBO., / \ VOL 578,P0.8,P.R.N.C.T., \ \ DOC.NO.#2006066859,O.P.R.N.C.T. / \ \\ TINKER BELLE TRON— \\ C_D 1I 011J�AtlEE9 OUT OF / LOT 4-A,J.C.MERRIMAN SUBO., / \ \ WL 578,PC.Q P.R.N.C.T., \ \ C.NO.12015020962,O.P.R.N.C.T. / / t 0 60 120 180 \ t�.0F. 7e 1 = 60 �P 0,ildiEp"'d:9 h.. N XAVIER SANDOVAL .......................... 5886 p; /TERED suo REG PROFESSIONAL LAND SURVEYOR LICENSE NO. 5886, STATE OF TEXAS I, XAVIER SANDOVAL, REGISTERED PROFESSIONAL LAND SURVEYOR OF TEXAS, DO HEREBY CERTIFY NOTES: THAT THIS PLAT REPRESENTS AN ON THE GROUND • GRID BEARINGS ARE REFERENCED TO THE TEXAS SURVEY, PERFORMED UNDER MY SUPERVISION COORDINATE SYSTEM, NAD83, SOUTH ZONE 4205. THIS THE 15TH DAY OF SEPTEMBER, 2017. • A METES & BOUNDS DESCRIPTION ACCOMPANIES THIS BOUNDARY EXHIBIT. UTILITY EASEMENT CLOSURE, • O.P.R.N.C.T. = OFFICIAL PUBLIC RECORDS OF NUECES 0.0446 ACRES, (1,943 SQ. FEET), COUNTY, TEXAS. OUT OF LOT 1A & LOT 4A, GEO J. MERRIMAN SUBDIVISION, • M.R.N.C.T. = MAP RECORDS OF NUECES COUNTY, TEXAS. VOLUME 57, PAGE 6, M.P.R.N.C.T. • = DENOTES PROPERTY LINE. DRAWN DATE A T T S ALL RIGHTS RESERVED © UCC1-2.7. XDS09i11hiol! X 1, 11■ APPROVED DATE 11I�G Sl)9 09;15b'01; S�11LVE livPING SCALE PROJECT NO XD5 5UKVEY1NG E MA-PING,EC. PHONE: 210.716.7169 111-60' 110913 avierd sa nd o val@g-11,cpm FIRM KEGISKATION 10 194 170 0 o v Q ark Z � �oS �� z S z Q o O �� o�� z w�� rw00 q �/N o Evelyn Price �Ey �� O Ci o Park a 0 m o Sy o S OS �� ��R�CSO ��� s°�� Oma�� O Lincoln Z v S Z PROJECT SITE Park z OZ LOCATION Q CO 500 00oa o alreS rkyy� //vv v� wC p OST OST Q NI00 SSN BR OS ���� Kingston e� tiyT Ti0 S Para I kPla rk T �S ark CkpROO�ONy 'Z MEROS/C � �o ASO /ko�;b po � y0 q SON NO R N� y E r � 0Cly �N y 4 A OONPC0 �� � 'y S S k F S R00� CSO NB SOS MONSF 0 z 0 TNS S�0 ASO �SY S0� Ck FURY ¢4 TORR o QS SV Ston g tSS� �gT� yST C oo COVEN O�TjS COBB�ES�Ry SOn„ 0 1000 2000 3000 1" = 1000' NOTES: • GRID BEARINGS ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD83, SOUTH ZONE 4205. • A METES & BOUNDS DESCRIPTION ACCOMPANIES THIS BOUNDARY EXHIBIT. LOCATION MAP OF UTILITY EASEMENT CLOSURE • O.P.R.N.C.T. = OFFICIAL PUBLIC RECORDS OF NUECES 0.0446 ACRES, (1,943 SQ. FEET), COUNTY, TEXAS. OUT of LOT 1-A & LOT 4-A, GEO J. MERRIMAN SUBDIVISION, • M.R.N.C.T. = MAP RECORDS OF NUECES COUNTY, TEXAS. VOLUME 57, PAGE 6, M.P.R.N.C.T. • = DENOTES PROPERTY LINE. DRAWN DATE A © T T S ALL RIGHTS RESERVED UCC1-2J. XDS 09i14h?ol'! Lx1 1I1 APPROVED DATE SUR TE, 1 Sl)S 09'1.51 1011 E, MAPPING SCALE PROJECT NO xo5 5UKVEY1NG VA-PING,EC. PHONE: 210.716.7169 170913 xa —j sa nd oval@gmaiLcom FIRM REGISKATION 10194170 • V e S� • i i Easement Closure for Geo J. Merriman Subdivision, Lots 1-A & 4-A City Council Presentation January 16, 2018 m . . f Aerial Overview // i lv r l ria W r it o r f '/� y hhr�A�l�t �l�af,I�rJrJ<rJ " Irt tt t �` J r f7 r � �l / J � �I y�lr����i�tptlft{Ct rPr;�nik!/r)1!r r619 tNfi}}r��rlkaa //, + tdr /� / r�l�ll+�7�� l�t is �rlr�ifitl tr}rl�r��j a/r '1/�JJ�/r�rt�ir�yYu���l Y ltd• , �G` ®®®®®®®®®®®_ ii I't'9C��lff I}'/(�,jj7JE'tf`t��IIJ�J` �IF�I,jJ�ti f�l rl�l tt�ri li�� IyU/�J� �ajY �Vr � r, i�'.t��F tai rU� ��,r�>.�41 rfif,r t4 r✓l��r.1��,. Jttt lit€1€1 r,iJi�r�r uuuuuuuuuuum „ i c 1 t� 1 EL ,,�I „; ter ,t r o�tYv� ✓�/� IIIIIVIIIII� � r f Yi�tl��'i�S rr1 E�rlgh�}tr;��}li rN1�'rr�'����9�f�k ��r t}✓f�t I 1 tri .... a, of�YY �>✓J�i lY >�� IC rt✓i'�rl�T i'IiyPlr lli tY ol��f���Il �i/ d „ ;�/. v rJrl u� >trf��iji of rJl�� tls r ,d Fri r ( Jar Y Y r t {r t FY Jl/'} 7 l��t a �1� °�r�r��fllhP�lat�4f a1�IJ � IdVI� hi �%l P}/at l r �%ii �Jap�✓�, rl t r,�� J1'�����JaI�I a'`�f t ���/o r�IKil � nl r YY M`r 8 � 1 ��� �' �r�a�a��rl ltil J)�//I�f��14 J1}�✓�ifl JYJr // �// }.` I' d G Dr r r �IX Vicinity Map , r V V it!���a�, .Rd�r �'J�^✓�,r,.,!^✓r i�P Vr�,�.�"i�P�(i��,�.�" � it ,r; ��r R�p yf,�.r�,�� �,P�t����r��� J{�n:,,, 'if����.�, a �� ����9i q.� ' �E ........... ..............................ME I � ... � "i„�� ,,,,r�'�°!r.' d� ��"�,�� r��"i���i,;,,.�+lr �r � . , � j� �r ,�'�",,,,r✓ ,6+,{i,�4�, I �” t Iry I � I i p k ! G IIIIIIIII��� �„s �!��?1� ���� it�����"� I�.�f'������j����� � i.1.� .. iii�•��� l p �l� ��,��� i, f �,_ '� I / s Staff Recommendations 4 7 �y Staff recommends: • Approval of the proposed Easement Closure. se �' as 0 E AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of January 16, 2018 NCORPOR ED Second Reading for the City Council Meeting of January 23, 2018 1852 DATE: December 28, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services BiIIG@cctexas.com (361) 826-3276 Approval of agreement and appropriating funds for AEL Development, LLC, for the Wastewater Collection Line Extension Construction and Reimbursement Agreement CAPTION: Ordinance authorizing City Manager or designee to execute a wastewater collection line extension construction and reimbursement agreement ("Agreement") with AEL Development, LLC. ("Developer"), for the construction of a sanitary sewer collection line and appropriating $52,514.90 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: AEL Development, LLC, is required to install 204 linear feet of 12-inch wastewater collection line extension in order to provide adequate wastewater service to a proposed residential subdivision development. The subdivision is located north of Yorktown Boulevard and east of Airline Road. BACKGROUND AND FINDINGS: Per UDC Section 8.5.2.E.2 Credits and Reimbursements, AEL Development, LLC, is requesting a Reimbursement Agreement for the development of 24.655 acre tract of land, more or less, a portion of Lots 15 and 16, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, known as Airline Estates as shown on the final plat. The development requires the extension of 204 linear feet of 12-inch wastewater collection line in order to provide adequate wastewater service to the property. A layout of existing and proposed improvements is included as Exhibit 3. ALTERNATIVES: Disapproval of the Reimbursement Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The developer will be extending wastewater to serve the proposed residential development and has requested a Reimbursement Agreement, in accordance with UDC Section 8.5.2.E.2 Credits and Reimbursements. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not Applicable Project to Date Fiscal Year: 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $1,162,581.91 Encumbered / Expended $14,724.00 Amount This item $52,514.90 BALANCE $1,095,343.01 Fund(s): Sanitary Sewer Collection Line Trust Fund 4220-21801-777-540450 Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Maps Wastewater Collection Line Extension Construction and Reimbursement Agreement Ordinance authorizing City Manager or designee to execute a wastewater collection line extension construction and reimbursement agreement ("Agreement") with AEL Development, LLC. ("Developer"), for the construction of a sanitary sewer collection line and appropriating $52,514.90 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute a sanitary sewer collection line construction and reimbursement agreement ("Agreement"), attached hereto, with AEL Development, LLC. ("Developer"), for the extension of a 12-inch sanitary sewer collection line, including all related appurtenances, for the development of a portion of Lots 15 and 16, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, known as Airline Estates, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $52,514.90 is appropriated from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer for the construction of the sanitary sewer collection line improvements in accordance with the Agreement. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Wastewater Collection Line Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and AEL Development, LLC, ("Developer/Owner"), a Texas Corporation. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on April 05, 2018 to develop a tract of land, to wit: 24.655 acre tract of land, more or less, a portion of Lots 15 and 16, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, known as Airline Estates, located at Yorktown Boulevard at Airline Road, as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement. WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the wastewater collection line extension ("Wastewater Extension"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of a portion of the Developer/Owner's costs for the construction of the Wastewater Extension; WHEREAS, it is to the best interest of the City that the Wastewater Extension be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.2.E.2 of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Wastewater Collection Line Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs from the Wastewater Collection Line Trust Fund for installing the Wastewater Extension, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Wastewater Extension in compliance with the City's UDC and under the plans and specifications approved by the City's Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Wastewater Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following basic design: 1. Install 204 linear feet 12-inch PVC pipe; Page 1 of 8 2. Dewatering for 12-inch pipe (204 linear feet); 3. Install one (1) fiberglass manhole; 4. Casing Pipe Bored in place 20-inch (80 linear feet); 5. Traffic control and barricading plan and permitting; 6. 1337 linear feet of oversize over depth (10-inch pipe to 12-inch pipe); b. The Wastewater Extension begins at the proposed sanitary sewer manhole by others as part of Rodd Field Road reconstruction project, thence along a route adjacent to the Channel 31 Drainage Ditch in a 15' UE to serve land adjacent to and southeast of the subject site (Proposed Airline Estates) , to extend approximately 204 linear feet and available for future extension. c. The plans and specifications must comply with the City's Wastewater Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Wastewater Extension, Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Wastewater Extension. If any of the property needed for the Easements is owned by a third party and the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro- rata fees as required by the UDC for the area of the Wastewater Extension. 5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Wastewater Extension, under the approved plans and specifications, by January 16, 2019. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer Page 2 of 8 by the 60th calendar day after the date of approval of this Agreement by the City Council. c. Developer/Owner fails to award a contract for the construction of the Wastewater Extension, according to the approved plans and specifications, by the 90th calendar day after the date of approval of this Agreement by the City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Wastewater Extension under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Wastewater Extension, under the approved plans and specifications, on or before January 16, 2019. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 11, of the need to perform the obligation or duty and, should the Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. Page 3 of 8 f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer/Owner: AEL Development, LLC 483 Saratoga Blvd., PMB 42 Corpus Christi, Texas 78413 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. Page 4 of 8 c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 12. THIRD PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Wastewater Extension, contracts for testing services, and contracts with the contractor for the construction of the Wastewater Extension must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, execute a performance bond if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$25,000. The performance and payment bonds must comply with Texas Government Code, Chapter 2253. 14. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Wastewater Extension and the construction of the Wastewater Extension for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services and Development Services Engineer. 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the Wastewater Collection Line Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Wastewater Extension up to an amount not to exceed $52,514.90 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 days from the date of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement Exhibit 5. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 16. INDEMNIFICATION. DEVELOPER/OWNER SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT Page 5 of 8 TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE WASTEWATER EXTENSION. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, to wit: 24.655 acre tract of land, more or less, a portion of Lots 15 and 16, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, known as Airline Estates, a subdivision in Corpus Christi, Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer/Owner's successors or assigns. 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 6. 20. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of each of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN ONE ORIGINAL this day of 120 Page 6 of 8 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta William J. Green, P.E. City Secretary Interim Director of Development Services THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of 2018. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by William J. Green, P.E., Interim Director of Development Services, for the City of Corpus Christi, Texas, and acknowledged before me on the day of 2018. Notary Public, State Of Texas APPROVED AS TO FORM: 12018. Buck Brice, Assistant City Attorney For the City Attorney Page 7 of 8 OWNER: AEL Development, LLC. By: Hamed Mostaghasi, General Partner STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on , 20187 by Hamed Mostaghasi, General Partner, AEL Development, LLC., a Texas Corporation, on behalf of said corporation. Notary Public's Signature Page 8 of 8 - ...... ._ ... --------.__ „y L, y: ,R, 6) v V \ a a Ij n (o ��n a ,' ,e„ �% I A\ �r �� a,k, k l5rR, ✓ \ r \ irivinini Ii \ \ V A �q \ AR n „fs ��n o ,I �\ , 1 it � C I \ III ;�r I Cn i OWING \ 611 — o,.,o.r, e�./o � �� \ —d*r11 ��_ �� ..... PLANIVINC OCJhIIMI";x;1171Al I rtI II I, rill Ire �n /d IAI 1`AA `, o err, 600- r�uu rl:�zr,v .,ti u x �ICIIL ACT It iAIIIJ, I1 S:AIS I' EOJ' E 2 L 11 ItI I ItIr Ik— », p u Ill I-I r Ill)-it III,' FJ lio,W .1S4 S I nW Ilk c'11 (',1 1`,iI YA;�P9t,74 J I 1 a, u s e 2 c I 4 F r o' ✓ � r 00 v �•+�,. \ \ - ✓ �Bei v. t � t i,„ ..�_ _ �. G ..rrc � 4 V a t n to •r• �r u. ._....___._.�.............. _._ "T___._�. .,7 -. a � u r n u n OtaYi s.c -ru r sio ri,vr � r,. ,Ill' .,,. - ,s, ,, '__..._GUMMI"FIION ..,. ,,, nxi✓ nv�.�. v„n APPLICATION FOR WASTE WATER REIMBURSEMENT We, AEL Development, LLC, 483 Saratoga Blvd., PMB 42, Corpus Christi, Texas 78413, owners and developers of proposed Airline Estates Subdivision, hereby request reimbursement of $52,514.90 for the installation of the waste water collection line in conjunction with said subdivision, as provided for by City Ordinance No. 17396.$94,565.90 is the construction cost, including 10% Engineering and Surveying and Testing, as shown by the cost supporting documents attached herewith. Ham �Mos�tagha�si, Gener Partner Date AEL Development, LLC THE STATE OF TEXAS § COUNTY OF NUECES This instrument was acknowledged before me on 2017, by Hamed Mostaghasi, General Partner, A L Development, LLC., on behalf of the said corporation. : YWVPUB LYLTRA PENA Y, % TAR, UC NOTAS state of Texas Comm,Exp,12-02-1019 CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Collection Line Trust Fund, and (b) Appropriation and approval by the City Council. Development Services Engineer (Date) Exhibit 2 APPLICATION FOR WASTE WATER CREDIT We, AEL Development, LLC, 483 Saratoga Blvd., PMB 42, Corpus Christi, Texas 78413, owners and developers of proposed Airline Estates Subdivision, hereby apply for$42,051.00 credit towards the waste water lot fee for the collection line extension in conjunction with said subdivision as provided for by City Ordinance No. 17396. $94,565.90 is the construction cost, including 10% Engineering and Surveying and Testing, as shown by the cost supporting documents attached herewith. t�vc, .......... ed Mostaghasi,, eneral Partner ate 4 om C AEL DevelopmeInt, L C THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2017, , by Harried Mostaghasi, General Partner, AEL Development, LLC., on behalf of the said corporation. . ............ PEVA P 'lic in 'nd foU ULTRA IV Nota a r the Sta�ce of Texas N NO'TARY B PU LIC Texas State,Of T comm.F 12_02-2011, _xp. Tq OTARY pUBLIG 20ri. Stale of Texas ixp,12-02-2011 1, COMM. .......... 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ETIREET,SIDEARILK AND DRAINAIE DETAILE NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW1@gmail.com TX Registration No. F-52 361 882-5521 FAX 361 882-1265 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi,TX 78466-6397 AIRLINE ESTATES SANITARY SEWER REIMBURSEMENT ESTIMATE 12/27/17 SANITARY SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1 12"PVC PIPE 204 LF 65.00 $13,260.00 2 DEWATERING FOR 12"PIPE 204 LF 32.50 6,630.00 3 FIBERGLASS MANHOLE 1 EA 7,000.00 7,000.00 4 20"STEEL CASING PIPE BORED IN PLACE 80 LF 445.00 35,600.00 5 TRAFFIC CONTROL AND BARRICADING PLAN AND PERMITTING(TRAFFIC CONTROL DURING CONSTRUCTION),FOR OFFSITE SS 1 LS 750.001 750.00 6 JOVERSIZE OVERDEPTH(10"PIPE TO 12"PIPE) 1337 LF 17.001 22,729.00 SUBTOTAL $85,969.00 10%Engineerinlg,Surveying and Testing 8,596.90 TOTAL $94,565.90 LESS CITY WASTEWATER SYSTEM LOT FEE -42.051.00 TOTAL AMOUNT REIMBURSABLE $52,514.90 NOTE:MAXIMUM AMOUNT REIMBURSABLE=12"X 42,051 X 50%=$252,306.00,THUS OK. Page 1 of 1 INSURANCE REQUIREMENTS L CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence/ aggregate COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence 1. Broad Form $2,000,000 Aggregate 2. Premises —Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit 1. Owned 2. Hired &Non-owned 3. Rented& Leased WORKERS' COMPENSATION Which Complies With The Texas Workers' (for paid employees) Compensation Act And Paragraph H Of This Exhibit. EMPLOYER'S LIABILITY $500,000/ $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 5 Page 1 of 3 IL ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An"All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof,at Contractor's sole expense,insurance coverage written on an occurrence basis,by companies authorized and admitted to do business in the State of Texas and with an A.M.Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax 4 D. Contractor agrees that with respect to the above required insurance,all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers,officials,employees,volunteers,and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of,or on behalf of,the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers'compensation and employers'liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract.Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required,the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 5 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. L It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 5 Page 3 of 3 City of Corpus Christi,Texas Department of Development Services City of P.O.Box as 77 edirld Corpus Christi,Texas 78469-9277 at: 24 6 Leo 0 Corpus Located at: 2406 Leopard Sheet (Comer of Leopard St.and Port Ave.) Christi DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with NAME: i -%' � P STREET: _. Soa �4 I Y: i E` I ZIP: FIRM is: 2118orporation ❑ Partnership ❑Sole Owner ❑Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name tt Title i 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm" Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Chris i, Texas as changes occur. Wt . �. Certifying Person: .«f { Title: ,srG _ 0 (Print) i Signature of Certifying Pefsen - t Date: K:IDEVELOPMENTSVMSHAREMLAND DEVELOPMEN�MQ , MANCE ADMINISTRATIOMAPPUCATI N FORMSTORMS AS PER LEGAL\20I21DISCLOSURE OF INTERESTS Page 1 of 2 STATEMENTI.27.12.DOC Exhibit 6 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. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which,for purposes of taxation, are treated as non-profit organizations. d. "Official'. The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi,Texas. e. "Ownership Interest'. Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant'. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. MDEVELOPMENTSVCS\SHAREMLAND DEVELOPMENnORDINANCE ADMINISTRATIOMAPPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS 2 y �y STATEMENT1.27.12.DOC Exhibit 6 2 Page of Doc# 2016013254 OF CON FIDE.N'.1`IAlal'I Y RIGHTS- IF YOU_.RJ,` A1 AT-U,RAL PERSON, WL E Illi.F011.li YU IS FILET FOR RJ,-,(..ORD IN 'nu PUTILIC RECORDS. YOUR SOCIAL is uAlla-11 Oil YOU'R--DRIVER'S LICENSE NUMHER. WARRANTY DE,:ED WITH VENDOR'S LIEN 10101 K Gas€iator: DORSAL L I�F [sl.t�l'M �1 p.l_V a Was iizatit,.c� liability ersrt�ltaiiy (Inchidim ("outtty) P. 0. ox 8l>55 NuoQes Co i^,yA exas 78468 G'r ant4°c.. ;x:1.,(1LL(A :f TCxas limited liability ,omp3a ny Gramteeis TvIaaltlaag Address (ImAzi£ ing;(Iminty) AB U Smaii g; Bty£:£1e ard, eaNIB 423 Corp€aw t_'hr€st€. Nu cos {_'£f€.irity, (i x s 78413 Consideration, 'I tm and No...'100 Dollars and other good and valuable consideratic-ont paid to Grantor by Gf'.i7i eet the rteceipt .nd sufficiency ofw ich avc hereby ac`no i t t(C,,e I anid. ccrifessod, and further of the :..uc t.i-om afid7 elli Lfy tat :a Certain r i}n i so t a,notti.ofe t'n3 date that is in the original pri€:cipa`.l ainow.-£$,of S i 1 5,ttWOO payable to the ii.€der i?3 Charter r Barok as payoo, being sec'u ed by a ffitst and superior v endur's Beit €;tat€ed 1'icrcin in favor of said p3<3yee ,ind also sw.irod by t£rst lion deed of t gist fiorr Grantee to Sill Ricli,:lttaber� Trustee, liar the bon fat ofsaicl p:a3.e . Property (tncluding Any Improvements), €el A'�c` cs to `f Jf fapx :3iL i?x:3widaf y of a 219767 c3t['E' toot of liliad f`..i3. ak portion of lots :' ittee n(15) and Sixteen f,3 6, Section TwentyFive(25),WFLOUR 111-1-1"14' 'k\t) ENUNNA._. I-ARM AN'D GARDEN-1 Tf;�(.TSp .as recorded in Volume A, Pages 41 though 43 of the Map R-ec;mds., Nt..c ces (:`c u.nty �.#�<as, and z:wsing a poi-t2Cfi,o tfK l,.if�ti,S.��3.'cled w Karen n Arm Sniith, a a], dosci'4f3ed as L,xI ibit "B" in,Docti Halts r}1999015842Ofiici<ti Ilublic xZecords of Ntiec s L`tnwiT y✓ Toxas, said 280767 acre tract being more particularly dc.scribed by inetes and bounds inoro ft.913 described in "'A" r£ttached hereto and incorporate herein for all p erf il"..ent purposes. Rs:;scmiation from I:onveyaan t I 1rxceptions If) Ckmvcyaac(�-arid Wari'anty: Validly ;°.xisting easen-iel-its, righis-of-was, ami prescriptive fights, whethcr ofrecord or no,," all pnts,4,nfli-v rc-corded arid validlv existing reservanwis, cover.ianas, �Omditions. oil an'd ga., leases. inineral interests, an,.,' \.Z,awr interests outstandi rig 1r, persons otherthan Orantor. and other instruillents, other convoyances oftbe surface fee estate., that aff'ect the St'l��i, ri LY hts of ad. . . -wilers < .- walIs :,nd ftmces s'tuated.on k,�� Ji cornmon bou.ndary, any disc.repancde,a, conflicts, orshortia:aes in area or bowidary lines: am, encroachments,or overlapping o-finiprovements, and taxes, f1br thQ carrent year wi-lich Gr antes -id a arecs to po v. a nd s ubseq uw nt Lis sess i-non ts for tit and prior ears due to cliw,�gc. in ai hind usauv, or both, the payn,ent of-which Grantee assumes, Grantor, >clr tho Conidcmfioln a_nd stibic,, to Ov Res orvat'ions from. Cot.livevance and thic Exce"-Ition's to C.o.nvcyance and onants, sills, and cwnv�vs to Grantee the Property, together all arid singwaxthe rights and appil-ne-nances thi�,reto in any way beiongirig, to have 'And to hold it to Grantce and Gr.-:mtoc's he;rs. succcssors, -1---lind assians ft)rovo.-, Grantor bhids GranI or and Graritor's heirs and suc.ccs�,.ors to wai-rant and fibrever defend al I and sin gular the Props` rte' to Grantoe and C3,antee's heirs, successors, and assigns igain.st every person - - -im& - -"..P -t th -of, exccpt as to 1-110 eoraiii al lore Reservationsfrom Convevance and the Exceptions to Coiiveyarlce and Warranty, When 11hie comext. requires, singular nouns and pronouns incl-ade the plural. Wbnl the Grailtor or the Grantee is other Lhan a nawral person, the A.vords "heirs, Qxccutors axld o-r arij ' asslon.� "Ila."'I he col-Isrrued to n-ican "suixossor's, and assi-l"' 4> tnLS . Refere,,wQ to w-.v ,aendm- illaII in.`h.dQ ,.it gcndcr,�md, in c the :is 1) .-'i' legal ontit I fl-w tier . an , a .mtural porsori, shall include the ne-utral., lt is expr ssiv aureQd that the vendor's lien retained , perch-1 is n. faLvor and hcrebassi_Tie d to tile holder oft-b.-_ deed of trust liens £3:i flae pit perty and t the propert 7, p e,, is s d hnprowmcnts, shall bc hat the vendor's li-en. �agair,5 Y 111 C an c rctadllecl until the ptomdssoty noto described her in Is fully tea ld according to its terms, at l.Olich till-le tills Deed ,vfli bccom.,i <ibsolutc, DORSAL DI"VELOPNIENT, LLC, a Texas limited liability. coniplifiv . .......... r Tlfl.: STATE. OFTE,XAS § COUNTY § IlliS iMtrUlIMM WIS acknowiod-ged behme me on this day of 1 2016, 'by Ata 0. Azali, Member of DOIISAL DEVELOPMENTS, aTimis limhed habHUy cunipanyin said capaoitymid on be) f of said owity. ........... Notary Public, State ofleiili5 AFTER REUMIDING morujimcuo : PIUMMED mmm ILAWW"FICE OF: ,kfl, DEATLOJIME'.N'T, LLC Brent Chesney 4813 Sw,atoga jilt'.i., PM113 423 BIRYNT CHESNEY, Attorney At Law Coipus (?hdsd, Was 784 . l ft31b Ow- Profossionad Plaza 5402 HoHy Had GF#2089732-Ff C UloRy - RQ BuHlng Et SuRe 2202 Corpus (,hristi, Texas 78411 3 F i!e 1�o,, 2089732-FTC(RPL) 'Pro�x'�rty' Yorktown Blvd., Corpus ChriSfl,TX HELD NOTES to describe the boundary of a 28,9767 acre tract of land being a portion of Lots Fifteen(15) and Sixteen (16), Section Twenty-five(25), FLOUR BLUFF AND ENCINAL FARM ANDANDL GARDEN TRACTS, as recorded in Volare A, Pages 41 through 43 of the Map records, Nueces County, Texas, and being a portion of that land deeded to Karen Ann Smith, et al, described as Exhibit,,B„ in Document #'1999015842,,Official Public Records of Nueces County, Texas,said 28.9767 acre tract being more particularly described by metes and bounds as follows- BEGINNING ollows-B GINNI at a 60d rail set in the centerline,of Yorktown Boulevard (80' ROW) for the southeast comer sof said tot 15 and the southeast comer of this tract, from which a 5,/8" steel rod found in the earth right-of-way of Yorktown Boulevard,the west tine of Lot 14, Section 25 and the Basi: lime of said Lot 15 bears North 29" East, 40 feet; THENCE, Dearth 61' 00' 00" West,along the centerline sof said Yorktown Boulevard,a distance of 646.46 feet to a 60d nail sat for the southwest corner of this tract; THENCE, North 291 00' 00" East,a distance of 40,00 feet to a 5/8" steel rod set in the east right-of-way of Airiirre Road, County Road 11 (6 ' ROW) and the north right-oaf-moray of Yorktown Blvd. for are interior comer of this tract, THENCE, North 020 26' 06"Frit,along said Airline Road right-of-way, a distance of 1371,92 feet to a 5/8" steel rod set in: the east right--of-way of Rodd Held Road(120' ROW)for a bend point in the west linin~ of this tracts THENCE, North 290 €1' 00" Frit,along said Rodd Field Road right-of-ways a distance of 52.92 feet to a 5/8":steel rod set in the south Brae of Lot 1, Section 25 and the north line of said Lot 16 for the northwest comer of this tract; THENCE, South 6111 00* 00" East,a distance of 1260.00 feat to a /8" steel rod set for the southeast corner of Lot 2, Section 25, the southwest comer of tat 3,. Section 25, the northwest conger of said Lot 14 and the northeast comer of said Lot 15 for the northeast creaser of this tract THENCE,,South 2911 00'00"0" Best,along the common lime of Lots 14 and 15, at 1.25;58 feet pass a found 18" steel rod,at 1280.00 feat pass said /8" steel rod found in the north right- of-way of Yorktown Blvd., in all a distance of 1320.00 feet to the POINT OF BEGINNINGand containing 8.9767 acres of lands less 4..5048 acres in easements and rights-of-way totaling 24,4719 acres net. A,P..N. 2476-0025-0150 a 13Stf_ 24202 cor off`^ i yr yk; Y t 1 : Doc# 2016013254 Doc# 2016013254 # Pages 5 04/04/2016 12.32PM e-Filed & e-Recorded in the Official Public Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $27.00 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color,Religion, Sex, Handicap, Familial Status or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89 STATE OF TEXAS COUNTY OF NUECES I HEREBY CERTIFY THAT THIS INSTRUMENT WAS FILED IN FILE NUMBER SEQUENCE ON THE DATE AND AT THE TIME STAMPED HEREON BY ME AND WAS DULY RECORDED IN THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY TEXAS `OJpt`[CC, COUNTY CLERK cou„t-1. NUECES COUNTY TEXAS Corporations Section � E 9F Carlos H. Cascos P.O.Box 13697 �, Secretary of State Austin,Texas 78711-3697 I Office of the Secretary of State CERTIFICATE OF FILING OF AEL Development, LLC File Number: 802401852 The undersigned, as Secretary of State of Texas, hereby certifies that a Certificate of Formation for the I above named Domestic Limited Liability Company (LLC)has been received in this office and has been found to conform to the applicable provisions of law. ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the secretary by law,hereby issues this certificate evidencing filing effective on the date shown below. The issuance of this certificate does not authorize the use of a name in this state in violation of the rights of another under the federal Trademark Act of 1946, the Texas trademark law, the Assumed Business or Professional Name Act,or the common law. Dated: 02/26/2016 Effective: 02/26/2016 t Carlos H. Cascos j Secretary of State I I' Come visit us on the internet at http.//www.sos.state.tx.us/ Phone:(512)463.5555 Fax:(512)463-5709 Dial: 7-1-1 for Relay Services Prepared by:Elizabeth"Annie"Denton TiD: 10306 Document:658355620002 F I L E D In the Office of the Secretary of State of Texas FEB 2 6 2016 CERTIFICATE OF FORMATION Corporations Section OF AEL DEVELOPMENT, LLC (A Limited Liability Company) ARTICLE ONE The name of the filing entity being formed is AEL Development, LLC (the "Company") ARTICLE TWO i The filing entity being formed is a limited liability company. j I ARTICLE THREE The purpose for which the Company is formed is any lawful purpose for which a limited liability company may be formed under the Texas Business i Organizations Code. I ARTICLE FOUR The street address of the Company's initial Registered Office, and the name of its initial Registered Agent at that office, are as follows: Hal George 5350 South Staples Street, Suite 406 Corpus Christi, Texas 78411 I t I AEL DEVELOPMENT,LLC CERTIFICATE OF FORMATION,PAGE I t I ARTICLE FIVE The Company will not have Managers. The name and address of the initial Member is: i Elham Azali 4833 Saratoga Boulevard, PMB 423 Corpus Christi, Texas 78413 ARTICLE SIX I The following reasonable restrictions upon the transfer of units of membership interest of this Company ("Units"), hereinafter stated, are hereby j imposed and shall be referred to on the face of each certificate and reproduced in full or in summary on the back thereof,to wit: No Units of this Company shall be transferred whether through the voluntary or involuntary act of a Member or his personal representative or by the operation of law, unless such Units shall first have been offered to the Members acting as the governing authority of the Company, which shall have for a period of fifteen (15) days after such offer is submitted to said Company in writing the exclusive right and option to purchase all such Units at a price equal to the price at which such Units are being sold by operation of law or the price to be paid by a bona fide purchaser under written contract; but the personal representative of a deceased Member in the case of the death of a Member shall have the alternative right to offer such Units to the Company at a price determined by three arbitrators, one of whom shall be designated by the personal representative of the deceased Member, one of whom shall be designated by the Members acting as the governing authority of the Company,and one of whom shall be designated by the first two arbitrators so selected. It shall be the duty of the governing authority to notify the Members promptly in writing of the receipt of such offer. If the Company shall not have exercised its option to purchase within such time, then each of the other Members shall have within the next fifteen (15) days the exclusive option to purchase at such price that portion of Units submitted as each Member's ownership bears to the total outstanding Units, excluding those Units being submitted, or to purchase proportionately any or all of the Units submitted if not purchased by the other Members. After the expiration of such time, the Units so submitted that have not been purchased by either the Company or the other Members may be transferred for such price to the purchaser who has contracted for same or is entitled to same by law. The failure of the Company, or of any Member, to purchase any Units so submitted shall not, as to any fiiture sale or transfer, discharge any such Units from any of the restrictions. AEL DEVELOPMENT,LLC I CERTIFICATE OF FORMATION,PAGE 2 } i I' i ARTICLE SEVEN No Member of the Company shall be liable to the Company or its Members for monetary damages for an act or omission in the Member's capacity as a governing person, except for liability (i) for a breach of the Member's duty of loyalty to the Company or its Members, (ii) for acts or omissions not in good faith that constitute a breach of duty of the Member to the Company or which involve intentional misconduct or a knowing violation of law, (iii) a transaction from which the Member received an improper benefit, whether or not the benefit resulted from an act taken within the scope of the Member's office, (iv) for acts related to a wrongful distribution or wrongful payment of a dividend, or (v) for acts or omissions for which the liability of a governing person is expressly provided by an applicable statute. Any repeal or amendment of this Article by the Members of the Company shall be prospective only, and shall not adversely affect any limitation on the personal liability of a Member of the Company existing at the time of such repeal or amendment. ARTICLE EIGHT The undersigned Organizer hereby disclaims any past or future interests in or I control of AEL Development,LLC and resigns as the Organizer effective upon the formation of the Company. I IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of February, 2016. Sharon Leal, Organizer 408 W. 17th Street, Suite 101 Austin, Texas 78701-1207 (512)474-2002 f AEL DEVELOPMENT,LLC CERTIFICATE OF FORMATION,PAGE 3 Fo,m $$-4 Application for Employer Identification Number OMB No.1545-0003 (Rev.January 2010) (For use by employers,corporations,partnerships,trusts,estates,churches, EIN government agencies,Indian tribal entities,certain individuals,and others.) 81-1626178 Department of the Treasury Internal Revenue Service ► See separate instructions for each line. ► Keep a copy for your records, 1 Legal name of entity(or individual)for whom the EIN is being requested AEL Development,LLC i 2 Trade name of business(if different from name on line 1) 3 Executor,administrator,trustee,"care of"name W N _ U 4a Mailing address(room,apt.,suite no,and street.or P.O.box) 5a Street address(if different)(Do not enter a P.O.box.) 41 4833 Saratoga Boulevard,PMB 423 C R 4b City,state,and ZIP code(if foreign,see instructions) 5b City,state,and ZIP code(if foreign,see instructions) o Corpus Christi,TX 78413 ( 6 County and state where principal business is located Nueces County,TX 7a Name of responsible party 7b SSN,ITIN,or EIN Elham Azall xxx-xx-1222 Be is this application for a limited liability company(LLC)(or 8b if 8a is"Yes,"enter the number of a foreign equivalent)? © Yes ❑ No LLC members ► 3 8c if 8a is"Yes,"was the LLC organized in the United States? © Yes ❑ No 9a Type of entity(check only one box),Caution,If 8a is"Yes,"see the instructions for the correct box to check. L1 Sole proprietor(SSN) Estate(SSN of decedent) ® Partnership ❑ Plan administrator(fiN) ❑ Corporation(enter form number to be filed) ► ❑ Trust(TIN of grantor) ❑ Personal service corporation ❑ National Guard ❑ State/local government U Church or church-controlled organization U Farmers'cooperative U Federal government/military ❑ Other nonprofit organization(specify) ► ❑ REMIC ❑ Indian tribal governments/enterprises _ ❑ Other(specify) ► Multl-member LLC_ _ Group Exemption Number(GEN)if any► — - — 9b If a corporation, name the state or foreign country State Foreign country (if applicable)where incorporated �— TX �- 10 Reason for applying(check only one box) n Banking purpose(specify purpose) 0- started Started new business(specify type) ► ❑ Changed type of organization(specify new type) ► ❑ Purchased going business ❑ Hired employees(Check the box and see line 13.) ❑ Created a trust(specify type) ► ❑ Compliance with IRS withholding regulations ❑ Created a pension plan(specify type) ► ❑ Other(specify) ► 11 Date business started or acquired(month,day,year). See instructions. 12 Closing month of accounting year December 02/26/2016 14 If you expect your employment tax liability to be$1,000 13 Highest number of employees expected in the next 12 months(enter-0-if none). or less in a full calendar year and want to file Form 944 If no employees expected,skip line 14, annually instead of Forms 941 quarterly,check here. (Your employment tax liability generally will be$1,000 or less if you expect to pay$4,000 or less in total Agricultural Household Other wages.)If you do not check this box,you must file 0 I 0 0 Form 941 for every quarter. ❑ 15 First date wages or annuities were paid(month,day, year).Note.If applicant is a withholding agent, enter date income will first be paid to nonresident alien(month,day,year) . . . . . . . . . . . . . . . . ► N/A 16 Check one box that best describes the principal activity of your business. U Health care&social assistance U Wholesale-agenUbroker ❑ Construction ❑ Rental&leasing ❑ Transportation&warehousing ❑ Accommodation&food service ❑ Wholesale-other ❑ Retail © Real estate ❑ Manufacturing ❑ Finance&insurance ❑ Other(specify) 17 Indicate principal line of merchandise sold,specific construction work done, products produced,or services provided, Construction and sale of real property 18 Has the applicant entity shown on line 1 ever applied for and received an EIN? (_f Yes Vj No If"Yes,"write previous EIN here 0- i Complete this section only if you want to authonze the named individual to receive the entity's EIN and answer questions about the completion of this form. Third Designee's name Designee's telephone number(include area code) Party Designee Address and ZIP code Designee's fax number(include area code) Under ponalties of perjury.I declare that i have examined this application.and to the best of my knoMedge and belief,it is true,correct.and complete. Applicant's telephone number(include area code) Name and title(type or print clearly) ► Elham Azall,President ( 361}765-7241 Applicant's lax number(include area code) Signature ► Date ► ( ) For Privacy Act and Paperwork Reduction Act Notice,see separate instructions. Cat.No.16055N Form SS-4 (Rev.1.2010) MINUTES OF THE SPECIAL CALLED MEETING OF AEL DEVELOPMENT, LLC FILE NUMBER 802401852 A special called meeting of AEL Development, LLC was held in Corpus Christi, Texas on March 31, 2016 at 5:00 p.m. The following were present: Elham Azali, Alyeh Azali Hatami Fardy and Leylah Azali. Elham Azali acted as chair of the meeting and Alyeh Azali Hatami Fardy acted as secretary. All members presented duly executed Waivers of Notice of the special called meeting which are attached to these minutes. Elham Azali announced the members of the Company are Elham Azali, Alyeh Azali Hatami Fardy and Leylah Azali and are each entitled to one-third ownership of the Company. Upon motion duly made, seconded and carried, the following Resolution was adopted: AEL Development, LLC A RESOLUTION AUTHORIZING THE MEMBERSHIP AND ISSUANCE OF UNITS OF OWNERSHIP BE IT RESOLVED BY THE MEMBERS OF AEL DEVELOPMENT, LLC: That Elham Azali, Alyeh Hatami Fardy and Leylah Azali are the members of the company. That the following units of ownership are authorized and directed to be issued: Elham Azali 1,000 Alyeh Azali Hatami Fardy 1,000 1 Leylah Azali 1,000. The effective date of this Resolution shall be the effective date of the Company: 02/26/2016. Dated this the 31St day of March, 2016. y Elham Azali, Ch/air Alyeh Azali Hatami Fardy, Secretary There being no further business before the meeting, on motion duly made, seconded and carried, the meeting was adjourned. Dated this the 31St day of March, 2016. Elham Azali, hair f Alyeh Azali Hatami Fardy, Secretary 2 WAIVER OF NOTICE OF THE SPECIAL CALLED MEETING OF AEL DEVELOPMENT, LLC FILE NUMBER 802401852 We, the undersigned, being all the members of the above named company hereby agree and consent that the special called meeting thereof be held on the date and the time and the place stated below and hereby waive all notice of such meeting and of any adjournment thereof. Place of meeting: Corpus Christi, Texas Date of meeting: March 31, 2016 Time of meeting: 5:00 p.m. Dated this the 31St day of March, 2016. Elham Azali Alyeh Azali Hatami Fardy Leylah Azali MINUTES OF THE SPECIAL CALLED MEETING OF AEL DEVELOPMENT, LLC FILE NUMBER 802401852 A special called meeting of AEL Development, LLC was held in Corpus Christi, Texas on March 28, 2016 at 5:00 p.m. The following were present: Elham Azali, Alyeh Azali Hatami Fardy and Leylah Azali. Elham Azali acted as chair of the meeting and Alyeh Azali Hatami Fardy acted as secretary. All members presented duly executed Waivers of Notice of the special called meeting which are attached to these minutes. Elham Azali announced that the Organization Meeting Alyeh Azali Hatami Fardy was incorrectly listed as Azita Azali. Upon motion duly made, seconded and carried, the following Resolution was adopted: AEL Development, LLC A RESOLUTION CORRECTING ALL MENTION OF ALYEH AZALI HATAMI FARDY IN ANY AND ALL COMPANY DOCUMENTS AND CONFIRMING ALYEH AZALI HATAMI FARDY AS MEMBER AND SECRETARY BE IT RESOLVED BY THE MEMBERS OF AEL DEVELOPMENT, LLC: That Alyeh Azali Hatami Fardy was incorrectly identified in the Company Documents, including the Organizational Meeting as Azita Azali. 1 That all mention or notation of Azita Azali, in any and all Company Documents, including but not limited to the Organizational Meeting; is and hereby shall be changed to Alyeh Azali Hatami Fardy. That Alyeh Azali Hatami Fardy is hereby declared a Member in full standing in the Company, is the individual designated as Secretary of the Company and is entitled to 1,000 units of the Company. The name Azita Azali is hereby struck from any and all Company Document, including, but not limited to, the Organizational Meeting and Certificates of Units. The effective date of this Resolution shall be the effective date of the Company: 02/26/2016. Dated this the 28th day of March, 2016. Elham Azali, Chair Alyeh Azali Hatami Fardy, Secretary There being no further business before the meeting, on motion duly made, seconded and carried, the meeting was adjourned. Dated this the 28th day of March, 2016. Elham Azali, Chair Alyeh Azali Hatami Fardy, Secretary 2 I WAIVER OF NOTICE OF THE SPECIAL CALLED MEETING OF AEL DEVELOPMENT, LLC FILE NUMBER 802401852 We, the undersigned, being all the members of the above named company hereby agree and consent that the special called meeting thereof be held on the date and the time and the place stated below and hereby waive all notice of such meeting and of any adjournment thereof. Place of meeting: Corpus Christi, Texas Date of meeting: March 28, 2016 Time of meeting: 5:00 p.m. Dated this the 28th day of March, 2016. P Elham Azali Alyeh Azali Hatami Fardy Leylah Azali 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. 2017-278340 AEL Development, LLC Corpus Christi ,TX United States ®ate Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/31/2017 being filed. AEL Development, LLC 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. 811626178 33 Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Azali, Elham Corpus,TX United States X 5 Check only if there is NO Interested Party. EJ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. YVONNE _ /Cr 12465834-3 ll� Signature of authorized agent of contracting business entity OFXAS 1z] 8-22-2019AF Sworn to and subscribed before me,by the said I )t h this the day of 20 1 1 ,to certify which,witness my hand and seal of offic . ,4v�—o- k.L;�;o VVOW& tLu"Z, 45�cm ig ature o f icer administerii o h Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx,us Version V1.0.3337 Wastewater Collection Line Extension Construction and Reimbursement Agreement For Airline Estates City Council Presentation January 16, 2018 Aerial Overview till a� Mrommm P�r��(ll�'+,' �.�% iPa��Tnam��l��'�° /gym� �✓'" '"��,;,�' 1 e �` ��, I Public Improvements for Wastewater collection line N .. ll I a� X`, Iv(n & i � ui u4E A'as 49 o 3ri'1�"�19'E 12�f1.5A�. s MW i III � I f m uuuuuuuuuuuuuuuuuuuuuuuuuuuN��tll 7 ar ll e t,l I VVV A ra d Iii w PiPK u. PR,Op � Ulf c rr fl w�9 [INE'C W LSC#t& (r� R4P 12 Iu{;95 cane re rs 1' I I�� a avx ;,a n � i A ar ra cf •ra ar �r +r �� ,1 111— L co— -- ---- w nu 4 -------------------- t � Staff Recommendations Staff recommends: • Approve the proposed reimbursement agreement. �d d AGENDA MEMORANDUM ,M'0 FOR 0 First Reading Item for the City Council Meeting of January 16, 2018 1852 Second Reading Item for the City Council Meeting of January 23, 2018 DATE: December 1, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Dan Grimsbo, Interim Executive Director of Utilities and Development DanG@cctexas.com (361) 826-1718 FROM: Esteban Ramos, Water Resource Manager, Water Utilities Development EstebanR2@cctexas.com (361) 826 -3294 Amending City Code of Ordinance, Revising the City's Drought Contingency Plan CAPTION: Ordinance revising Drought Contingency Plan; Amending City Code of Ordinances, Chapter 55, Article XII Water Resource Management, regarding water resource management including drought restrictions, providing an effective date of February 1, 2018; and providing for penalties. PURPOSE: This amendment revises the City's Drought Contingency Plan. It is also a requirement of the TCEQ and TWDB to submit a revision every five years. BACKGROUND AND FINDINGS: On October 17, 2017 the City Council requested staff to reexamine the current Drought Contingency Plan in order to make adjustments in regards to current water supply conditions. The suggested changes are highlighted in Yellow regarding stage trigger level changes and termination requirement language. In addition, we are suggesting to remove the 15 consecutive day requirement. Drought CCR/LCC Target Termination Requirement Stage Combined Demand Response Reservoir Reduction Stora e Stage 7_ 0 d� 024 nr I ;;Lo TP4;;nom >F4024 Fithor of .� I�, �ke Te4a; ,� c o r_AAdr�Tr� mmr -4 P4iC4 A tS�-�Ftt79 Stage 12- <40% 10% >50% Combined storage, feF 15 "Mild" GGRGeGWtiVe days Stage 23- <30% 15% >40% Combined storage, f9F 15 "Moderate" GGRGeGWtiVe days Stage 34- <20% 30% >30% Combined storage, feF 15 "Critical" GGRGeGWtiVe days Stage 45- Not 50% Emergency water shortage condition "Emergency" Applicable may be rescinded when the City Manager, or designee deems .... .... .... ... .... ... .... ... ....appropriate .... .... .... ..... ALTERNATIVES: None OTHER CONSIDERATIONS: These Plans, once approved by City Council, will be submitted to TCEQ and TWDB. CONFORMITY TO CITY POLICY: Not application EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Ca ital ® 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 RECOMMENDATION: The Staff recommends approval of the Ordinance to amend the City's Drought Contingency Plan. LIST OF SUPPORTING DOCUMENTS: Ordinance to amend the City's Drought Contingency Plan Drought Contingency Plan (as amended) Ordinance revising Drought Contingency Plan; Amending City Code of Ordinances, Chapter 55,Article XII Water Resource Management,regarding water resource management including drought restrictions, providing an effective date of February 1, 2018; and providing for penalties. Section 1. The Corpus Christi Code of Ordinances, Chapter 55, Utilities, Article XII Water Resource Management, are amended,with the new text shown in underlined redline text, and the deleted text shown in redline strike-through text, as follows: ARTICLE XII. -WATER RESOURCE MANAGEMENTLE Footnotes: --- (7) --- l :dli1ouim°'s unote rd II o 24396, § 1, ad() ed 11Maurv. 20, 2001, amended auk SII, Iiia uls en fires y, read as hereuua ss� ouuu� Il:()urvirrner au1 XH pei17auuasal k) sliiinlllar sulbe(1irrnaHer See llhe Code Compairafive Il sll)llce Sec. 55-150. -Scope, purpose, authorization, and definitions. (a) Scope. There is hereby established a City of Corpus Christi Water Conservation Plan and Drought Contingency Plan. The City of Corpus Christi Water Conservation Plan and Drought Contingency Plan 1 , dated 29 Januak2, 204-3.2.0..1..8., as amended by ordinance, a true copy of which is on file 201....... J..... .......:...............................::.Y:.... in the office of the city secretary, is adopted, and shall be followed in matters concerning water conservation, drought management, and water supply enhancement programs. (b) Declaration of policy. (1) It is hereby declared that the general welfare requires that the water resources available to the city be put to the maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use, or unreasonable method of use of water be prevented, and the conservation of such water is to be extended with a view to the reasonable and beneficial use thereof in the interests of the people of the area served by the city's water resources and for the public welfare. (2) In making decisions under this article concerning the allocation of water between conflicting interests, highest priority will be given to allocation necessary to support human life and health; i.e., the minimum amount of water necessary for drinking, prevention of disease, and the like. Second highest priority will be given to allocations which will result in the least loss of employment to persons whose income is essential to their families. (c) Authorization. The city manager, or his designee, upon the recommendation of the assistant city manager, public works and utilities, is hereby authorized and directed to implement the applicable provisions of this article upon their determination that such implementation is necessary to protect the public welfare and safety. (d) Definitions. The following terms used in this article are defined as follows: Page 1 (1) "City manager"means the city manager or the city manager's designee. (2) "Drip irrigation" means an irrigation system that applies water at a controlled low-flow levels directly to the soil. (3) "Fountain"means an artificially created jet or stream of water; a structure, often decorative, from which a jet or stream of water issues. (4) 'Industrial customers use of water for processing"means the use of water in processes designed to convert materials of lower value into forms having greater usability. (5) "Non-essential purpose"means water uses that are not essential or not required for the protection of public health, safety and welfare. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10- 2013; Ord. No. 030545, § 1, 7-14-2015) Sec. 55-151. -Water conservation measures at all times. (a) The following measures are year-round water conservation best management practices that are in effect at all times, regardless of the reservoir levels or drought contingency levels: (1) Prohibition on wasting water: Actions leading to wasting of water are prohibited and will be enforced. No person shall: a. Allow water to run off property into gutters or streets. b. Permit or maintain defective plumbing in a home, business establishment or any location where water is used on the premises. Defective plumbing includes out-of-repair water closets, underground leaks, defective or leaking faucets and taps. c. Allow water to flow constantly through a tap, hydrant, valve,or otherwise by any use of water connected to the city water system. d. Use any non-recycling decorative water fountain. e. Allow irrigation heads or sprinklers to spray directly on paved surfaces such as driveways, parking lots, and sidewalks in public rights-of-way. f. Operate an irrigation system at water pressure higher than recommended, causing heads to mist, or to operate with broken heads. (2) Time of irrigation: Irrigation by spray or sprinklers is prohibited between the hours of 10:00 a.m. and 6:00 p.m. It is still permissible to water by hand or by drip irrigation at any time of day, unless the city enters Stage 34 Drought. However, the use of water is permitted at any hour for short periods of time for testing related to the installation, maintenance, and repair of sprinkler systems. (3) Restaurant water saving:Commercial dining facilities must only serve water upon request. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24726, § 1, 1-8-2002; Ord. No. 026235, § 1, 4-26- 2005; Ord. No. 026542, § 1, 11-15-2005; Ord. No. 028141, § 1, 4-28-2009; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-152. - Drought management: Drought contingency stages. (a) The level of drought severity determines the extent of potential water use restrictions that shall be implemented. Following are the levels of drought in the form of stages: Page 2 (j2) Stage ° ,2 M..waBer;(.I ioi 9ag. Ag ..RV(Aera@@ erre;; r s4ea8w g& (29 n IIo B BtlR�..�ubI1QR10Von e c4,@ve &wate;,^;4o"i r a&w&G(�-44I4Fi)Rr (34) Stage 34: Critical water shortage condition. (45) Stage ^':15: Emergency water shortage condition. (b) Criteria for initiation and termination of drought response stages: (1) The city manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage, that is, when the specified "triggers" are reached. However, the city manager, in the exercise of the city manager's discretion, may initiate or terminate any stage when the city manager deems necessary at any particular time. (2) The triggering criterion to be monitored for determining drought response stages is the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi. (3) Whenever any of the stages listed below are triggered, the city manager shall publish a public notice of the particular stage, in the daily newspaper of general circulation in Nueces County. (4) To the extent of city's legal authority, the city manager shall require the city's raw water and wholesale treated water customers to issue public notice advising their water customers of conservation and drought management activities consistent with the stages listed below. (c) The triggering criterions are as follows: #4 Q 14�rra;: b& irr964-CtE4 4) VE) H1441i4- GG-AG8-V@...Wate-...a44. 448r& tG 1.ra&GGr4) GRA,.. Gr44�R r at@r 646rr.4 y.4@ (;E�44Rrrd. 64)Rr �.q& !R@-ra@M Gf Q4okce Qagy(� -A....R veserv(( a 14 L::@ @ Qea;.�s....Qh-i ist:e...48�441-86 b&GW (5 9)-�@&Ii G&R:e rR �11F@Xa44a.:t()-r@98 r rrM tRrr(44.1&S RRrr.GW.(S..R.yR) 1.r8r.-GrrRt8 RRrr�R� irrrei�rrr B...rR 9rrrd��i�ie�w�eir; &te;qrr 1 oft4e RI:G5y.-R r&irrGGy-14@dW. ':118144 @ GG4:4Rrrd .:4*a-9rr Ilrr��rrR r;f Q4E)��& Qagyra+r R R&G@rvO4r...a4 QGrl@HG Qh-i iGt:8 Garr@.:&.: (99)- 1@@r G&R c a::&xa4a._r4 a-9@ yIGarrar:arr.: 9 R MR-Rear of t4rrs@ nl�uGt rrXiGe..#R a pe-40d Of 4 5 GG-A :rr4.4tu V days of Rywrg& R., (R Stage 12 hfild yp ' hortag �qla a 4M:*r�ari& crr4414r41� Requirements for initiation -The combined storage level for Choke Canyon Reservoir and Lake Corpus Christi declines to below forty(40) per cent. Requirement for termination -Stage.:1..2 of the plan may be rescinded when the combined storage level yincreases above fifty (50) per cent .# a I�@rr4R�r-� G #4@&H (,9w:;)....cp R .:rr�;!p uei�rr days:: -R:�pe—n �'! I IR"Iw"BIMrF Y G " rg 8i.'.,..& r&w$G...,4 RNG?S✓)i: 1@s . 9age Slc.«r r re walershodag2 Requirements for initiation -The combined storage levels declines to below thirty(30) per cent. Requirement for termination -Stage3--of the plan may be rescinded when the combined storage level increases above forty (40) per cent ...4 a pe-4o4 Gf RMR9-rrRar (15) GG-A :84!,4te err @y,V.SyS,,. Upon termination of Stage 2:3, Stage.:1.:2 becomes operative. (,34) Stage 314- Critical water shortage condition: Requirements for initiation -The combined storage levels of Choke Canyon Reservoir and Lake Corpus Christi declines to below twenty(20) per cent. Page 3 Requirement for termination -Stage 34 of the plan may be rescinded when the combined storage level increases above thirty (30) per-cent,,,,, A�* ,; pE?44)d Gf 1A@&H (15:). d�ay&.,: Upon termination of Stage 34, Stage.1�1;':3 becomes operative. (::15) Stage 45-Emergency water shortage condition: Requirements for initiation -When the city manager, or designee, determines that a water supply emergency exists based on: • A major water line breaks, or pump or system failures occur, which causes unprecedented loss of capability to provide water service; or • Water production or distribution system limitations; or • Natural or manmade contamination of the water supply source occurs. Requirement for termination -The emergency water shortage condition may be rescinded when the city manager, or designee, deems appropriate. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 1, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013; Ord. No. 030545, § 1, 7-14-2015) Sec. 55-153. - Drought management: Drought best management practices per stage. (a) In order to achieve water use reduction during drought, a series of best management practices will be enacted and enforced at each stage of a drought. These best management practices (BMP)are listed below bystage. During Stages 1.:2,29,and 34, requests for exceptions may be presented to the director of water operations or his designee. (1). I::.w:i qew: vc:k1441�y...-(5) I@8G&R 1��8d-H4GHq ieR 4a4-y W..,46 44 ��..��:do �, wrvir w,.. w1iNw iwir w1 y; 1 +w ; �.aII Ny&ys4erl, (2) I3@st er:-@i4 agan::;@ R8 p @44,-(ax.;..-1r s�:ppF 4y 4aag&R'4&H8 4118 G45y.-w 4 @Ra-Gt gara4ar4Ja y nce sou res to rE464G& Gr 46GG-AtA R64e...t4@ Wr:d114R9 Gf water 14:4R.G 4" I:�a..���9i:p..�4� ��. ..ui������ 6���4IM 8 Ww:�� Ar* ReRLeata-bk)-�u.:as ee-t4e9ie�;tese &A&H9 (9) VV :e&l He& #4 @d-64GM49 4814: :R4� GH:a-tG i:@aG..... @ a&964—Cax.:eed to vra4Jw 1r 4y ...4qJ_:4o18 Of era-c;:RG& :ae-�...W@&kc....:4d118W;;t@rW-19 be C 44-18d..byt4@..G4or desi�qR@&,,. 4 � A4- Gf t4e Quit Gf Qc:ffHG y 64a4m4:..W��4@a He& L@a&GGrM;mu&d (F:: Vy"ae&ir ..uie ..ra1� @G-1@d 4).... ;.a . 4(,-G- W.. @r w:44 eG- 44_114:1i@ r Cllp g Y ��r ... Stage �s.: response.... hliild...i�� (1) Target: During Stage 12, achieve a ten (10) per cent reduction in daily treated water demand relative to treated water demand with the water use restrictions below. (2) &@st @a,@4:p-c # .:��pF 4-"y nca4agancc&He 4R the best management practices for supply mans ement 114,:8@d �ui44@a ' ew������w�� 1�,�������the cit will also p pp y g � �� y do the following during Stage 12: a. Use more repair crews if necessary to allow for a quicker response time for water-line leak repair; and Page 4 b. City crews (water and other departments) begin monitoring customers' compliance with Stage 12 restrictions during the course of their daily rounds. (3) The following water use restrictions shall apply to all persons during Stage 12: a. Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems shall be limited to once per week. The watering schedule will be determined by the city manager or designee. Customers will be made aware of their designated watering day in accordance with drought contingency plan. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand- held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the director of water operations or his designee for the following uses: new plantings (for up to sixty (60) days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system must apply for a permit from the city water department to be prominently posted on the premises within two (2)feet of the street number located on the premises. b. Use of water from hydrants shall be limited to firefighting, related activities, or other activities necessary to maintain public health, safety and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the City of Corpus Christi Water Department. c. Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days. However, if the golf course utilizes a water source other than that provided through City of Corpus Christi Water Department infrastructure,the facility shall not be subject to these regulations. d. The use of water to maintain integrity of building foundations is permitted on any day at any time only by use of hand-held hose or drip irrigation. e. Except for immediate fire protection or flushing of water lines,the use of water from a hydrant is only allowed with a permit granted by the director of water operation or his designee and a construction meter obtained from the utility business office. �dStage .S response - l r«d.....:.r.........'......ga64water shortage conditions. (1) Target: During Stage 1,;r3, achieve a fifteen (15) percent reduction in total daily treated water demand relative to treated water demand with the water use restrictions below. (2) Best management practices for supply management: In addition to the best management practices for supply management listed under Stage 12, the city will also do the following during Stage 23: a. Eliminate the flushing of water mains unless required for decontamination and/or public safety; and b. Review customers' water usage for compliance based on the previous month's water use and notify violators verbally or in writing as the situation dictates. (3) Water use restrictions for demand reduction: All requirements of Stage 12 shall remain in effect during Stage 23 except as modified below: a. Irrigation of landscaped areas shall be limited to once every other week. The watering schedule will be determined by the city manager or designee. Customers will be made aware of their designated watering day. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand-held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval Page 5 by the director of water operations or his designee, for the following uses: new plantings (for up to sixty (60) days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system shall still apply for a permit from the city water department to be prominently posted on the premises within two (2)feet of the street number located on the premises. b. The watering of golf course fairways with potable water is prohibited.The watering of greens and tees are limited to once every other week unless the golf course utilizes a water source other than that provided through City of Corpus Christi Water Department infrastructure or done by means of hand-held hoses, hand-held buckets, or drip irrigation. (4) During Stage 23, the following measures are optional water use restrictions that may be implemented by the city manager, or designee, with city council approval, as conditions warrant: a. For residential and multi-unit customers, a drought surcharge of up to and including one hundred (100) per cent of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. (e) Stage 34 response - Critical water shortage conditions. (1) Target: During Stage .3.4, achieve a thirty(30) per cent or greater reduction in daily treated water demand relative to treated water demand with the water use restrictions below. An additional surcharge will be added to each utility bill during Stage 3 water shortage conditions to discourage discretionary water use, as described in section 55-154 for retail customers and section 55-159 for wholesale customers. (2) Best management practices for supply management: In addition to the best management practices for supply management listed under Stage 2:3, the city will also do the following during Stage 34: • Upon written notice, disconnect the water meters of willful violators if absolutely necessary to prevent the deliberate wasting of water. (3) Water use restrictions for demand reduction: All requirements of Stage.:1..2. and 2:3 shall remain in effect during Stage 34 except as modified below: a. Irrigation of landscaped areas shall be prohibited at all times. b. Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle not occurring on the premises of a commercial car wash and not in the immediate interest of public health, safety, and welfare is prohibited. c. The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi-type pools, and water parks (unless utilizing water from a non-city alternative source) is prohibited. d. The use of water to maintain the integrity of a building foundation is still permitted on the designated Stage 2„9 watering day and shall be done by hand or drip irrigation method. e. All fountains shall only operate to circulate water in order to maintain equipment. f. The use of water for construction purposes from designated fire hydrants with a special permit will continue with a ten (10) per cent surcharge added to the water rate. (4) During Stage 34, the following measures are optional water use restrictions that may be implemented by the city manager, or designee, with city council approval, as conditions warrant: a. No application for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage shall be in effect. Page 6 b. For residential and multi-unit customers, a drought surcharge of up to and including one hundred (100) per cent of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. (f) Stage 45 response -Emergency water shortage conditions. (1) Target: During Stage 41 , achieve a fifty (50) per cent or greater reduction in daily treated water demand relative to treated water demand with the below water use restrictions. Surcharges and reduced allocations are enforceable during Stage 54 water shortage conditions, as described in section 55-154. During emergency conditions such as system outage, supply source contamination, or supply sources draining empty, alternative water sources and/or alternative delivery mechanisms may be necessary with prior approval of the city manager. For emergency water shortage conditions associated with contamination of Nueces Basin stored supplies, the city, under the city manager's direction, will cease pumping from the Nueces River and will contact the LNRA to identify additional, temporary water that may be available from Lake Texana on a short-term basis to meet essential water needs. For emergency water shortage conditions associated with contamination of Lake Texana supplies, the city, under the city manager's direction, will cease pumping from the Mary Rhodes Pipeline. (2) Best management practices for supply management: In addition to the best management practices for supply management listed under Stage.3.4, the city will also do the following: • Call the ten (10) largest water customers in the area affected by the emergency condition, and if necessary, use runners in key areas to begin spreading the message of a major outage. (3) Water use restrictions for demand reduction: During Stage m415, all requirements of Stage .:1..2., 2,9, and 34 shall remain in effect except as modified below: a. Irrigation of landscaped areas is absolutely prohibited. b. Use of water to wash any motor vehicle, motorbike, boat,trailer,or other vehicle is absolutely prohibited. c. Associated uses of water not related to business process which are discretionary, such as equipment washing, shall be deferred until the Stage 5 emergency has been terminated. (4) During Stage 41 , the following measures are optional water use restrictions that may be implemented by the city manager, or designee, with city council approval, as conditions warrant: For residential and multi-unit customers, a drought surcharge of up to and including one hundred (100) per cent of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 2, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013; Ord. No. 030545, § 1, 7-14-2015) Sec. - . -Surcharges or drought toes g g g 9) "4 and 415, and service measures. (a) General. (1) The surcharges established herein are solely intended to regulate and deter the use of water during a period of serious drought in order to achieve necessary water conservation. The city council expressly finds that the drought poses a serious and immediate threat to the public and economic health and general welfare of this community, and that the surcharges and other measures adopted herein are essential to protect said public health and welfare. Page 7 (2) This section, and the surcharges and measures adopted herein are an exercise of the city's regulatory and police power, and the surcharges and connection fees are conservation rates intended to meet fixed costs as a result of lost revenue. (3) With city council approval, the city manager or designee is authorized to determine trigger points and surcharges during Stages ,�.��, ,w1mr.�.and mr y.emergency water shortage conditions. „�,��;,, „ (4) In this section, institutional customer means city utility customer which operates as a not-for-profit entity. (5) A customer may appeal an allocation or drought surcharge triggering point established under this section to the director of water operations or his designee on grounds of unnecessary hardship through the process outlined in section 55-155. (6) Drought surcharge funds will first be applied towards annual debt service payments and operating and maintenance expenses of the water department as reflected in the city operating budget to offset revenue loss due to drought conditions. Additional funds will be reported to city council for city council direction. (b) Residential water customers, who are not billed through a master water meter. (1) A monthly base amount of three thousand (3,000)gallons shall be established as a trigger point for each customer.Water consumption up to and including this amount will not include a drought surcharge. (2) Above the three thousand (3,000) gallon monthly consumption trigger point, with city council approval, a drought surcharge shall be added up to and including one hundred (100) per cent of the customer's total monthly water bill over the allocation. (c) Residential customers who are billed from a master water meter. (1) Once Stage.:1..2 condition has been declared, property managers of multi-tenant units shall notify the city director of water operations of number of residential units in their facility for determination of allocations. Until so notified, the city shall calculate the allocation based on two (2) residential units per master water meter. A monthly base amount of three thousand (3,000)gallons shall be established as a trigger point for each residential unit. (2) When consumption for the month is less than or equal to three thousand (3,000) gallons times the number of residential units, there will be no surcharge. (3) With city council approval, when consumption is above the three thousand (3,000)gallons times the number of units, a drought surcharge shall be added up to and including one hundred (100) per cent of the customer's total monthly water bill over the allocation. (d) Commercial orinstitutional customer. (1) A monthly water usage allocation shall be established by the city manager or designee for each commercial or institutional customer. (2) Method of establishing allocation: a. When the combined reservoir capacity is less than twenty (20) per cent of total capacity (Stage 34), the commercial or institutional customer's allocation shall be ninety(90) per cent of the customer's usage for the corresponding month's billing period during the previous twelve (12) months prior to the implementation of Stage 2..„1 condition. b. If the customer's billing history is shorter than twelve (12) months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. c. Provided, however, a customer, ninety(90)per cent of whose monthly usage is less than six thousand (6,000)gallons, shall be allocated six thousand (6,000)gallons. Page 8 d. The city manager shall give best effort to see that notice of each commercial or institutional customer's allocation is mailed to such customer. e. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the city' utilities billing office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. f. Upon request of the customer or at the initiative of the city manager, the allocation may be reduced or increased by the city manager: 1. If one (1) nonresidential customer agrees to transfer part of its allocation to another nonresidential customer; or 2. If other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (e) Industrial customers, who use water for processing. (1) A monthly water usage allocation shall be established by the city manager or designee for each an industrial customer, which uses water for processing (e.g., an industrial customer). (2) Method of establishing allocation. a. When the combined reservoir capacity of Choke Canyon Reservoir and Lake Corpus Christi is Tess than twenty (20) per cent of total capacity (Stage 34), the industrial customer allocation shall be ninety(90)per cent of the customer's usage for the corresponding month's billing period during the previous twelve (12)months prior to the implementation of Stage.:1.,2 condition. b. If the customer's billing history is shorter than twelve (12) months, the monthly allocation shall be one-twelfth of ninety (90) per cent of the customer's maximum annual contracted amount until twelve (12) months of billing history are established. However if the industrial customer does not have a water contract and does not have at least twelve (12) months of billing history, then the new industrial customer will provide data regarding expected water use and city will determine allocation based on ninety (90) per cent of expected use to determine initial allocation until twelve (12) months of billing history are established. c. The city manager shall give his best effort to see that notice of each industrial customer's allocation is mailed to such customer. d. If, however, the industrial customer does not receive such notice, it shall be the customer's responsibility to contact the city utilities billing office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. e. Upon request of the industrial customer or at the initiative of the city manager, the allocation may be reduced or increased by the city manager, if: 1. The designated period does not accurately reflect the customer's normal water usage because customer had to shut down a major processing unit for overhaul during the period. 2. The customer has added or is in the process of adding significant additional processing capacity. 3. The customer has shut down or significantly reduced the production of a major processing unit. 4. The customer has previously implemented significant permanent water conservation measures. 5. The customer agrees to transfer part of its allocation to another industrial customer. 6. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. Page 9 (f) Commercial, institutional, and industrial customers shall pay the following drought surcharges: (1) Customers whose allocation is six thousand (6,000) gallons through twenty thousand (20,000) gallons per month: a. Five dollars ($5.00) per one thousand (1,000) gallons for the first one thousand (1,000) gallons over allocation. b. Eight dollars ($8.00) per one thousand (1,000)gallons for the second one thousand (1,000) gallons over allocation. c. Sixteen dollars ($16.00) per one thousand (1,000)gallons for the third one thousand (1,000) gallons over allocation. d. Forty dollars ($40.00)for each additional one thousand (1,000)gallons over allocation. (2) Customers whose allocation is twenty-one thousand (21,000)gallons per month or more: a. One(1)times the block rate for each one thousand (1,000)gallons in excess of the allocation up through five (5) per cent above allocation. b. Three (3) times the block rate for each one thousand (1,000) gallons from five (5) per cent through ten (10) per cent above allocation. c. Five (5) times the block rate for each one thousand (1,000) gallons from ten (10) per cent through fifteen (15) per cent above allocation. d. Ten (10) times the block rate for each one thousand (1,000) gallons more than fifteen (15) per cent above allocation. e. The surcharges shall be cumulative. f. As used herein, "block rate" means the charge to the customer per one thousand (1,000) gallons at the regular water rate schedule at the level of the customer's allocation. (g) Nonresidential customer is billed from a master meter. (1) When a nonresidential customer is billed from a master meter which jointly measures water to multiple residential dwelling units (for example: apartments, mobile homes), the customer may pass along any surcharges assessed under this plan to the tenants or occupants, provided that: a. The customer notifies each tenant in writing: 1. That the surcharge will be passed along. 2. How the surcharge will be apportioned. 3. That the landlord must be notified immediately of any plumbing leaks. 4. Methods to conserve water (which shall be obtained from the city). b. The customer diligently maintains the plumbing system to prevent leaks. c. The customer installs water saving devices and measures (ideas for which are available from the city)to the extent reasonable and practical under the circumstances. (h) For residential customers, the following measures come into effect after city council approves a drought rate surcharge; for nonresidential customers, these measures come into effect at Stage .3^4,. Water service to the customer may be terminated under the following conditions: (1) Monthly residential water usage exceeds trigger point by four thousand (4,000) gallons or more two (2)or more times (which need not be consecutive months). (2) Monthly water usage on a master meter which jointly measures water usage to multiple residential dwelling units exceeds trigger point by four thousand (4,000)gallons times the number of dwelling units or more two (2)or more times (which need not be consecutive months). Page 10 (3) Monthly nonresidential water usage for a customer whose allocation is six thousand (6,000) gallons through twenty thousand (20,000) gallons exceeds its allocation by seven thousand (7,000)gallons or more two (2)or more times (which need not be consecutive months). (4) Monthly nonresidential water usage for a customer whose allocation is twenty-one thousand (21,000) gallons or more exceeds its allocation by fifteen (15) per cent or more two (2) or more times (which need not be consecutive months). (5) For residential customers and nonresidential customers, after the first disconnection, water service shall be restored upon request for a fee of fifty dollars ($50.00). (6) For such customers,after the second disconnection,water service shall be restored within twenty- four(24) hours of the request for a fee of five hundred dollars ($500.00). (7) If water service is disconnected a third time for such customer,water service shall not be restored until the city re-enters a level of water conservation Tess than Stage 29. For master meter customers, the service restoration fees shall be the same as above times the number of dwelling units. (8) The city manager is directed to institute written guidelines for disconnection of water service under this provision, which will satisfy minimum due process requirements, if any. (i) It shall be a defense to imposition of a surcharge hereunder, or to termination of service, that water used over allocation resulted from loss of water through no fault of the customer(for example, a major water line break)for the following conditions: (1) The customer shall have the burden to prove such defense by objective evidence (for example, a written certification of the circumstances by a plumber). (2) A sworn statement may be required of the customer. (3) This defense shall not apply if the customer failed to take reasonable steps for upkeep of the plumbing system, failed to reasonably inspect the system and discover the leak, failed to take immediate steps to correct the leak after discovered, or was in any other way negligent in causing or permitting the loss of water. Q) When this section refers to allocation or water usage periods as "month," monthly," "billing period," and the like,such references shall mean the period in the city's ordinary billing cycle which commences with the reading of a meter one month and commences with the next reading of that meter which is usually the next month. (1) The goal for the length of such period is thirty(30)days, but a variance of two (2)days, more or less, will necessarily exist as to particular meters. (2) If the meter reader system is prevented from timely reading a meter by any obstacle which is attributable to the customer, the original allocation shall apply to the longer period without modification. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10- 2013) Sec. 55-155. - Requests for exemptions and variances. (a) The director of water operations or his designee, may, in writing, grant a temporary variance to any of the provisions for water users found in this article XII upon determination that failure to grant such variance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance. (b) A person requesting an exemption or variance from the provisions of this article shall file request on city-provided application for exemption/variance with the city water department within five (5) days Page 11 after a particular drought response stage has been invoked.All request forms shall be reviewed by the director of water operations or his designee, and shall include the following: (1) Name and address of the water user(s). (2) Purpose of water use. (3) Specific provision(s)of the ordinance from which the water user is requesting relief. (4) Detailed statement as to how the specific provision of the ordinance adversely affects the water user or what damage or harm will occur to the water user or others if water user complies with this plan. (5) Description of the exemption or variance requested. (6) Period of time for which the exemption or variance is sought. (7) Alternative water use restrictions or other measures the water user is taking or proposes to take to meet the intent of this plan and the compliance date. (8) Other pertinent information; or as required on permit application. (c) No exemption nor variance shall be retroactive or otherwise justify any violation of this article occurring prior to the issuance of the exemption/variance. (d) All requests for variances/exemptions shall be reviewed and determined within three(3)business days of receipt of complete application. (e) The director of water operations or his designee shall consider requests of water users for special consideration to be given as to their respective particular circumstances and is hereby authorized to, in special cases, grant such variance from the terms of this plan if such compliance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this plan will result in unnecessary hardship, and so that the spirit of this plan shall be observed and substantial justice done. (f) Should a permit for special exception be granted, it shall be in effect from the time of granting through the termination of the then current stage, unless revoked by the director of water operations for noncompliance; provided, that the permit is prominently posted on the premises within two (2)feet of the street number located on the premises. (g) A person denied request for permit or exception from these rules may appeal the decision to the assistant city manager for public works, utilities and transportation by submitting written request for appeal to the assistant city managerwithin five(5)business days from issuance of denial.The decision of the assistant city manager shall be final. (h) Violations of any permit condition may be enforced under section 55-156. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 3, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-156. -Violations, penalties, and enforcement. (a) A violation under this article is a class C misdemeanor. Any person that violates any provision of this article shall be subject to a fine of not more than five hundred dollars ($500.00) per violation per day. The culpable mental state required by V.T.C.A., Penal Code § 6.02 is specifically negated and dispensed with and a violation of this article is a strict liability offense. (b) The commission of a violation of each provision, and each separate violation thereof, shall be deemed a separate offense, in and upon conviction thereof, shall be fined as hereinabove provided. Page 12 (c) If any person or a second person in the same household or premises, is found guilty of a second violation of this article, the water superintendent shall be authorized to discontinue water service to the premises where such violation occurs. (d) Cases filed under this section shall be expedited and given preferential setting in municipal court before all other cases. (e) Any person whose name is on file with the utilities billing office as the customer on the water account for the property where the violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on said premises shall constitute prima facie evidence that the customer committed the violation, but said customer shall have the right to show that he did not commit the violation. (f) If any person fails to respond to a citation or summons issued for a violation of this article within the time allowed, upon receipt of notice from the director or a judge of the municipal courts, the water superintendent is authorized to discontinue water service to the premises where such violation occurs. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-157. - Effluent distribution; permit and regulations. (a) Upon implementation of the City of Corpus Christi Water Conservation Plan as provided in this section, the city may make available effluent water discharged from its sewage treatment plants for the purpose of watering lawns, grass, and other plants, dust control and similar uses. (1) Such effluent water shall be made available only under the terms and conditions herein provided and only to such persons as are duly permitted as distributors as provided in this section. (2) The city shall be under no obligation to provide such effluent and reserves the right to discontinue such service at any time and to limit the volume and to establish or alter loading procedures and/or locations as necessary for the efficient administration of the wastewater division. (b) No effluent distribution permit shall be issued except upon application filed with the wastewater division of the city. Every such application shall contain the following information: (1) Name of applicant. (2) Name of authorized representative (e.g., president of corporation; partner, etc.) if applicant is other than an individual. (3) Business address and phone number. (4) Residence address and phone number of authorized individual representative. (5) Description of each vehicle and container unit to be used in the transportation or distribution of effluent water, including the make, year, model, type, weight and gross vehicle weight, container capacity in gallons, vehicle registration number, and the state safety inspection certificate number and expiration date. (6) Names and driver's license number of every proposed driver of such vehicles. (7) Statement of previous use of container units and any proposed use after or concurrently with such units use for effluent distribution. (8) Statement of the proposed uses of any effluent water, including whether the use is proposed for residential, commercial, or industrial purpose. (c) Upon the filing of the required application, and payment of the permit fee specified herein for each container unit, the wastewater superintendent, or the superintendent's designee, shall upon his determination that the applicant and vehicles and container units are in compliance with all applicable provisions of this article, issue a permit for each such container unit. Page 13 (1) The permit shall identify the particular unit for which it is issued and shall be displayed in a prominent place upon the unit. (2) Each unit shall be separately permitted. (d) The permit fee shall be fifty dollars ($50.00)per month for each unit plus five dollars ($5.00) per month for each unit per one thousand (1,000) gallons of capacity (or portion thereof) over the first one thousand (1,000)gallons of capacity. (e) Permits shall be issued on a quarterly basis from the effective date of this plan; fee proration shall be on a monthly basis. (f) Notwithstanding subsection (g) of this section, a resident of the City of Corpus Christi may obtain effluent at no charge from a wastewater treatment plant,designated by the wastewater superintendent, for the irrigation of vegetation, dust control, or watering a foundation at the individual's personal residence. (1) Any effluent received under this subsection may not be sold or transferred to another individual or used for commercial purposes. a. Before receiving effluent the resident must obtain a permit from the wastewater superintendent, or the superintendent's designee. b. Prior to receiving a permit,the resident must complete a course of instruction on the handling of wastewater effluent that has been developed by the city's health department. c. Any container used to receive and transport effluent must have a lid or cap, be watertight, and be properly secured to the vehicle. d. All containers are subject to inspection and approval of the city health department or wastewater department. e. Any effluent received under this subsection must be immediately transported to the personal residence of the individual receiving the effluent and used for the irrigation of vegetation, dust control, or watering a foundation. f. The effluent may not be stored for future use. g. A resident using effluent for the irrigation of vegetation or dust control must post a sign on the property legible from the street stating that effluent is being used on the property. h. Every resident obtaining effluent under this subsection must either: 1. Provide proof of and maintain in force a property liability insurance policy (homeowner/renter)in the amount of three hundred thousand dollars ($300,000.00)per occurrence; or 2. Sign a form provided by the superintendent that releases the City of Corpus Christi from any liability resulting from the resident's improper use or transportation of the effluent and agree to hold the city harmless, including reimbursing the city for the costs of defending itself. (g) Every effluent distribution permit shall be subject to the following terms and conditions and no person shall receive or distribute effluent water except in compliance herewith: (1) Container units or tanks shall have a minimum capacity of five hundred (500) gallons; shall be capable of being closed water-tight and shall be so closed during transport of effluent water; and shall be maintained in a leak-proof condition; provided, however, that special permits may be issued for container units with a capacity of less than five hundred (500) gallons upon the determination by the wastewater division superintendent that all other container unit specifications herein required have been met and that the particular container unit does not create an increased risk to the public health and safety. Page 14 (2) No vehicle may be used in connection herewith which has not been reported on the application and approved for such use. (3) Every driver or handler must be certified by the wastewater division prior to receiving any effluent water from the city. a. The wastewater division may certify a driver or handler who has completed a course of instruction on the handling of wastewater effluent that has been developed by the city's health department. (4) Effluent water shall be used as soon as possible to prevent regrowth of bacteria. a. Permittees shall check effluent water in their units not less than every four (4) hours for chlorine residual, except for effluent stored in fixed-site containers which shall be checked not less than every eight (8) hours. (5) Chlorine residuals shall be maintained at one (1) milligram per liter (parts per million) [one (1) mg/one (1) (ppm)], consistent throughout the effluent container. (6) The minimum quality of the effluent must not exceed conditions on the use of effluent set out in any permits or authorizations issued to the city by a federal or state regulatory agency or the applicable regulations of a federal or state regulatory agency. (7) Effluent containers, including those used for storage, shall be subject to inspection and approval of the city health department or wastewater division, whose inspectors are hereby authorized to prohibit the use of any container or effluent water which is determined to be outside the parameters established in this section or is otherwise determined to present a danger to public health. (8) Every permittee shall provide proof of, and shall maintain in force, a policy of comprehensive general liability insurance in the amount specified by the city's risk manager under section 17-19; or shall maintain a policy of general business liability insurance in the same or greater amount with a contractual liability endorsement; and shall maintain a policy of automobile liability insurance in the minimum amounts set by state law. The city shall be named as an additional insured on the general liability insurance policies. (9) By acceptance of a permit under this section and/or receipt of effluent water from the city system, the permittee and/or recipient of such effluent agree to fully indemnify, save and hold harmless, the City of Corpus Christi, Texas, its agents and employees, from and against all claims and actions, and all expenses incidental to the investigation and defense thereof, based upon or arising out of damages or injuries to person or property in anyway related to or in connection with the use or distribution of effluent water under this section. (10) Permittees shall provide a written notice to every person to whom effluent is furnished which shall state in not less than 10-point type, substantially as follows: "CAUTION" "You are hereby advised that effluent water is the discharged water from a sewage treatment plant. The Director of Public Health has determined that improper use or handling could be harmful and recommends the following precautions: 1. Do not use effluent water for drinking, bathing, or personal hygiene purposes. 2. Do not use effluent water for washing autos, clothes, or other personal contact items. 3. Do not use effluent water in swimming pools or for similar recreational uses. 4. Do not allow children to play on grass wet with effluent water, wait until it dries. Page 15 5. Do not use effluent which has been stored for more than four (4) hours unless the chlorine residual level has been tested and is not less than one (1) part per million [one (1) mg/one (1)(P.m.)j. 6. Application of effluent shall be by coarse stream and shall not be by fine spray." (h) Violation of any of the cautions set forth in subsection (g)(10) of this section, by any person, is a violation of this section. (i) Violation of any of the provisions of this section, in addition to the general penalties provided in this particle, shall result in denial or revocation of any such violator's effluent distribution permit. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001) Editor's note—Formerly numbered § 55-158. Sec. 55-158. -Operations plan for reservoir system. To maximize the amount of water reliably available to the city and its water customers,the city manager shall operate the Lake Corpus Christi/Choke Canyon Reservoir System as follows: (1) A minimum of two thousand (2,000) acre-feet per month will be released from Choke Canyon Reservoir to meet conditions of the release agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department. (2) In order to provide maximum dependable yield from the two (2)reservoirs,the water level in Lake Corpus Christi will be allowed to drop to elevation seventy-four(74)feet before water is released from Choke Canyon Reservoir in excess of the two thousand (2,000) acre-feet per month requirement. (3) Under the agreed order of the Texas Natural Resource Conservation Commission under Certificate of Adjudication No. 21-3214, city shall: (1) reduce targeted inflows of water to Nueces Bay to one thousand two hundred (1,200) acre-feet when reservoir system storage falls below forty (40) per cent of capacity; and (2) suspend targeted inflows when reservoir system storage falls below thirty(30) per cent of capacity. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-159. - Procedures for allocating water to raw water and wholesale treated water customers on a pro rata basis during a water shortage. (a) In the event that the triggering criterion specified in section 55-152 for Stage 29 have been met, the city manager, or designee, is hereby authorized to initiate allocation preparations of water supplies on a pro rata basis to raw water and wholesale treated water customers in accordance with V.T.C.A., Water Code § 11.039. (1) A raw water or wholesale treated water customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolution of the city council based on the city manager's assessment of the severity of the water shortage condition and the need to curtail water diversions and deliveries, and may be adjusted periodically by resolution of the city council as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each raw water or wholesale treated water customer shall be limited to the allocation established for each month. (2) A monthly water usage allocation shall be established by the city manager, or the city manager's designee, for each raw water or wholesale treated water customer. The raw water or wholesale Page 16 treated water customer's water usage baseline will be computed on the average water usage by month for the previous five-year period. If the raw water or wholesale treated water customer's billing history is less than five (5) years, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. (3) The city manager shall provide notice, by certified mail, to each raw water or wholesale treated water customer informing them of their monthly water usage allocations and shall notify the news media and the Executive Director of the Texas Commission on Environmental Quality upon initiation of pro rata water allocation. (4) Upon request of the raw water or wholesale treated water customer or at the initiative of the city manager, the allocation may be reduced or increased if: a. The designated period does not accurately reflect the raw water or wholesale treated water customer's normal water usage; b. The customer agrees to transfer part of its allocation to another raw water or wholesale treated water customer; or c. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established under this section to the City Council of the City of Corpus Christi. (b) Pro rata surcharges and enforcement. (1) During any period when pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water diversions: a. Two (2.0) times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation up through five (5) per cent above the monthly allocation. b. Two and one-half (2.5) times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation from five (5) per cent through ten (10) per cent above the monthly allocation. c. Three (3.0)times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation from ten (10) per cent through fifteen (15) per cent above the monthly allocation. d. Three and one-half(3.5)times the normal water charge per unit for water diversions and/or deliveries more than fifteen (15) per cent above the monthly allocation. (c) Variances. (1) The city manager, or the city manager's designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided by this section if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the public health,welfare, or safety, and if one (1)or more of the following conditions are met: a. Compliance cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect. b. Alternative methods can be implemented which will achieve the same level of reduction in water use. (2) Raw water or wholesale treated water customers requesting an exemption from the provisions of this section shall file a petition for variance with the city manager within five (5)days after pro rata allocation has been invoked. (3) All petitions for variances shall be reviewed by the city council, and shall include the following: a. Name and address of the petitioner(s). b. Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures established in this section adversely affects the Page 17 petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this section. c. Description of the relief requested. d. Period of time for which the variance is sought. e. Alternative measures the petitioner is taking or proposes to take to meet the intent of this section and the compliance date. f. Other pertinent information. (4) Variances granted by the city council shall be subject to the following conditions, unless waived or modified by the city council: a. Variances granted shall include a timetable for compliance. b. Variances granted shall expire when the pro-rata allocation of water to raw water or wholesale treated water customers is no longer in effect, unless the petitioner has failed to meet specified requirements. c. No variance shall be retroactive or otherwise justify any violation of this section occurring prior to the issuance of the variance. (d) Contractual remedies not affected. Nothing in this section supersedes any remedies available to the city under any contract with a raw water or wholesale treated water customer due to the customer's failure to adopt or impose water conservation measures required by the contract. (Ord. No. 24605, § 1, 10-9-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10- 2013) Editor's note—Formerly numbered § 55-159.1. Section 2. The Drought Contingency Plan adopted by Ordinance No. 029846, as amended by Ordinance 030545, and 031160, is hereby amended to reflect these changes, and the amended Drought Plan be filed of record with the City Secretary's Office. City staff is directed to submit the amended Drought Contingency Plan to the Texas Commission on Environmental Quality and the Texas Water Development Board and as required by law. Section 3. Staff is directed to submit a copy of the approved ordinance to the wholesale water customers. Section 4. Publication and Effective Date. This ordinance shall be published in a newspaper of general circulation. This ordinance takes effect on date of January 15, 2018. Section 5. Severability. It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence,paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance. Page 18 Section 6. Penalties. Violations of this Ordinance shall be enforced pursuant to City Code of Ordinances Section 55-156. Section 7. The change in law made by this Ordinance applies only to an offense committed on or after the effective date of this Ordinance. An offense committed before the effective date of this Ordinance is governed by the Ordinance in effect when the offense was committed, and the former ordinance is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Ordinance if any element of the offense occurred before that date. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, 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 2018, 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 Page 19 Drought Contingency Plan 1. Introduction This document is the Drought Contingency Plan (DCP) for the City of Corpus Christi (City). This DCP was created so that the City can cut back demand when supplies are low so the residents have enough water to make it through a drought. This DCP clearly explains the triggers initiated by a drought and the steps to be taken during each stage of a drought. There is also information in this DCP which explains the steps to be taken in a water emergency, such as when supplies are cut off or contaminated. This DCP is different from the Water Conservation Plan (WCP) because it only takes effect when there are drought conditions. The WCP is a year-round guide, regardless of the drought conditions, and contains several regular best management practices. The DCP has been prepared in accordance with Texas Administrative Code Title 30 Chapter 288 Subchapter B Rule §288.20 for Municipal Uses by Public Water Suppliers. Since the City serves wholesale water customers, a Drought Contingency Plan for Wholesale Water Suppliers has also been included in Section 16 in accordance with Texas Administrative Code Title 30 Chapter 288 Subchapter B Rule §288.22. 2. Declaration of Policy and Reason In order to conserve the available water supply, to protect the integrity of water supply facilities with particular regard for domestic water use, sanitation, and fire protection, to protect and preserve public health, welfare, and safety, and to minimize the adverse impacts of water- supply shortage or other water-supply emergency conditions, the City hereby adopts the following regulations and restrictions on the delivery and consumptions of water. The Water Resource Management Ordinance which gives the City the authority to regulate and enforce this DCP is included as a supporting document. Water uses regulated or prohibited under this DCP are considered to be non-essential, and continuation of such uses during times of water shortage or other emergency water-supply conditions are deemed to constitute a waste of water, which subjects the offender(s) to penalties as defined in Section 13 of this DCP. Since the City first started supplying its residents with water in the 1890s, the region has experienced several periods of drought. Over the years, supplies have been added and conservation measures have been strengthened to ensure water security for the residents and businesses of the region. However, with the variability of weather patterns in South Texas and a continually growing population, it is critical that the City plans for future drought conditions. Currently, the City's water supply system is comprised of three reservoirs: Lake Corpus Christi, Choke Canyon Reservoir and Lake Texana. However, the criteria to trigger drought response stages are based on the combined capacity of Lake Corpus Christi and Choke Canyon 1I Page^ Reservoir. (See Section 8). Since Choke Canyon Reservoir filled in June 1987, the combined storage of Choke Canyon Reservoir and Lake Corpus Christi has exceeded 60% capacity only about 62% of the time. The water storage levels in Choke Canyon Reservoir and Lake Corpus Christi have generally been 2-4% higher since Lake Texana supplies were added in October 1998. Because of the frequency of drought in South Texas, the following DCP has been developed. This DCP adopts measures that will dramatically cut water consumption in order to conserve water supplies. 3. Public Education A public meeting to receive comments on the DCP was held at the City Council regular meeting on De eirnbe P 1 lay 2&:; 29 7 and was adopted by ordinance on ,.un..u1,Ljau Y IQ2i� 31II'4.Y The City will periodically provide the public with information about the DCP, including information about the conditions under which each stage of the DCP is to be initiated or terminated, and the drought response measures to be implemented in each stage. This information will be provided by utility bill inserts, notices in the Corpus Christi Caller-Times, and notice on the City's website (www.cctexas.com). Notification to the public about when drought stages go into effect or when restrictions are lifted is explained in more detail in Section 9. 4. Coordination with Regional Water Planning Groups The service area of the City of Corpus Christi is located within the Coastal Bend Regional Water Planning Area (Region N) and the City has provided a copy of this DCP to Region N in care of the Nueces River Authority. The City of Corpus Christi shall review and update, as appropriate, the DCP at least every five years based on new or updated information, such as the adoption or revision of the regional water plan. 5. Authorization The City Manager, or designee, is hereby authorized and directed to implement the applicable provisions of the DCP upon determination that such implementation is necessary to protect public health, safety, and welfare. The City Manager, or designee, shall have the authority to initiate or terminate drought or other water supply emergency responses as described in this DCP. However, the City Manager, in the exercise of the City Manager's discretion, may initiate 21 Page^ or terminate any stage when the City Manager deems necessary at any particular time. The City Manager shall notify the members of the City Council before implementing any measures. 6. Application The provisions of this DCP shall apply to all persons, customers, and property utilizing water provided by the City of Corpus Christi. The terms "person" and "customer" as used in the DCP include individuals, corporations, partnerships, associations, and all other legal entities. 7. Definitions For the purposes of this Chapter in this DCP, the following definitions shall apply: Aesthetic water use: water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens. Commercial and institutional water use: water use which is integral to the operations of commercial, non-profit establishments and governmental entities such as retail establishments, hotels and motels, restaurants, and office buildings. Conservation: those practices, techniques, and technologies that reduce the consumption of water, reduce loss or waste of water, improve the efficiency in the use of water, or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses. Contract (end-user) water customers: a private entity that has a contract with the City to receive raw or treated water supplies for its sole use (i.e. does not resell to other users). Customer: any person, company, or organization using water supplied by the City of Corpus Christi and paying a retail water bill. Domestic water use: water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. Industrial water use: the use of water in processes designed to convert materials of lower value into forms having greater usability and use. Institutional water use: the use of water by an establishment dedicated to public service, such as a school, university, church, hospital, nursing home, prison, or government facility. All facilities dedicated to public service are considered institutional regardless of ownership. Landscape irrigation use: water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, rights-of-way, and medians. 31 Page^ Non-essential water use: water uses that are not essential or not required for the protection of public, health, safety, and welfare, including: • irrigation of landscape areas, including parks, athletic fields, and golf courses, except as otherwise provided under this DCP; • use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle; • use of water to wash down any impervious cover including sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas; • use of water to wash down buildings or structures for purposes other than immediate fire protection or health reasons; • flushing gutters or permitting water to run or accumulate in any gutter or street; • use of water to fill, refill, or add to any indoor or outdoor swimming pools or jacuzzi-type pools; • use of water in an aesthetic feature including fountain or pond except where necessary to support aquatic life; • failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak; and • use of water from hydrants for construction purposes or any other purposes other than fire fighting or flushing needed to maintain chlorination levels and protect public health. Reservoir Capacity: the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi, as measured in percentage of the full combined volume. Wholesale customers: any public or private utility that has a contract with the City to receive raw or treated water supplies and authority (through contracts) to resell this water to other users. 8. Criteria for Initiation and Termination of Drought Response Stages The City Manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage of the DCP, that is, when the specified "triggers" are reached. However, the City Manager, in the exercise of the City Manager's discretion, may initiate or terminate any stage when the City Manager deems necessary at any time. This section explains the triggers of each stage. Best management practices and water use restrictions for each drought stage are described in Section 10. The triggering criterion to be monitored for determining drought response stages is the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi, based on the TCEQ 2001 Agreed Order (amended April 17, 2001) relating to inflows into Nueces Bay and Estuary. The full Agreed Order is in the Appendix. 41 P a g e 8.1. Stage| - � - Requirements for initiation| —Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses described in Section 10 when the combined storage level declines to below 40 percent. Requirement for termination — Stage 1 2 of the OCP may be rescinded when the COnObiOSd StO[@0S |SvS| iOC[S@SSS above 50 pS[CSO 8.2. Stage 23— Gon-ditron Requirements for initiation —Customers shall be required to comply with the | | requirements and restrictions on certain non-essential water uses for Stage 29 of this OCP when the combined storage levels declines to below 30 percent. Requirement for termination — Stage 2�of the O(�P may be rescinded when the combined StO[@0S |SvS| iOC[S@SSS @bOvS 40 pS[CSOt for @ period days,� Upon tS[nOiO@dOO Of Stage 23' Stage 12 bSCOnOSS OpS[@dvS. 8.3. Stage 311114—Critical Water Shortage Condition Requirements for initiation —Customers shall be required to comply with the | | requirements and restrictions on certain non-essential water uses for Stage 34 of the OCP when the combined storage levels declines to below 2O percent. Requirement for termination — Stage 3 4 of the O(�P may be rescinded when the combined StO[@0S |SvS| iOC[S@SSS @bOvS 30 pS[CSO '�"= Upon tS[nOiO@dOO Of Stage 34' Stage 23 bSCOnOSS OpS[@dvS. 8.4. Stage 15 — Emergency Water Shortage Condition Requirements for initiation —Customers shall be required to comply with requirements and restrictions for Stage -5 of this DCP when the City Manager, or designee, determines that a water supply emergency exists based on: • A major water line breaks, or pump or system failures occur, which causes unprecedented loss of capability to provide water service; or • Water production or distribution system limitations; or • Natural or man-made contamination of the water supply source occurs. Requirement for termination —The emergency water shortage condition may be rescinded when the City Manager, or designee, deems appropriate. 9. Drought Stages Response Notification The City Manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and, in accordance with the triggering criteria set forth in Section 8 of this Chapter, shall determine that a mild, moderate, severe, critical, or emergency water shortage condition exists and shall implement the following notification procedures. Notification of the Public: The City Manager, or designee, shall notify the public for every change in drought stage status by any or all of the following: • City's website (www.cctexas.com) • Publication in the Corpus Christi Caller-Times • Notice on the monthly billing • Public Service Announcements • Signs posted in public places Additional Notification: The City Manager, or designee shall, at a minimum, notify directly, or cause to be notified directly, the following individuals and entities for every change in drought stage status: • Mayor and members of the City Council • Fire Chief • City and/or County Emergency Management Coordinator • County Judge and Commissioner(s) • Major water users (such as industries) • Critical water users (such as hospitals) • Parks/street superintendents and public facilities managers 61 P a g e • Texas Commission on Environmental Quality (TCEQ) – note TCEQ executive director MUST be informed within five (5) business days of mandatory water use restrictions being imposed 10. Drought Best Management Practices per Stage A summary of water use reduction targets for each drought stage response is presented in the following table. Further discussion on best management practices and implementation practices associated with each stage of response is included below. During Stages 2, 3, and 4, requests for exceptions may be presented to the Executive Director of Utilities or designee. Drought Stage CCR/LCC Combined Target Demand Response Reservoir Storage Level Reduction Levels Stage 1— Mild <40%,504 u µ 11 T'� m u':�.: h N' 110%544 Stage 2- Moderate x Stage 3- C I�Jtogallgewddwre e",20 3G4 30%1_5% Stage 4- VIII NSI dlld. 0/ IraWdmld. I. .. 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Stage 12 Response — Gondvtro� | During Stage t2. achieve a1O96reduction indaily treated water demand relative totreated water demand with the water use restrictions below. Best Management Practices for Supply Management: OOS[ Stage 1' the City VVi|| : * Use more repair crews ifnecessary toallow for aquicker response time for water-line leak repair; and * City crews (Water and other departments) begin monitoring customers' compliance with Stage J-,2 restrictions during the course of their daily rounds. Water Use Restrictions for Demand Reduction Under threat ofpenalty for violation, the following water use restrictions shall apply to all persons during Stage t2: ul Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems shall belimited toonce per week. The watering schedule will be determined by the City Manager or designee. Customers will be made aware of their designated watering day in accordance with Section 9. Hovvever, irrigation of landscaped areas ispermitted onany day ifitisbymeans ofahand-held hose (with positive shutoff nozz|e). afaucet filled bucket orwatering can offive (5) gallons orless, ordrip irrigation system with apositive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the Executive Director of Utilities or designee, for the following uses: new plantings (for up to 60 days), vegetable gardens, athletic playing fields, and botanical gardens. In addidon, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system must apply for apermit from the City Utilities Department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b) Use of water from hydrants shall be limited to fire fighting, related activities, or other activities necessary to maintain public hea|th, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the City of Corpus Christi Utilities Department. o) Use ofwater for the irrigation ofgolf course greens, tees, and fairways is prohibited except on designated watering days. However, if the golf course utilizes a water source other than that provided through City of Corpus Christi Utilities Department infrastructure, the facility shall not besubject tothese regulations. d) The use of water to maintain integrity of building foundations is limited to designated watering days and is only permitted by use of hand-held hose or drip irrigation. 10.23. Stage 2:3 Response — IllNAodcy!ira ,y� 0"I's SEWE,:: Water, 81,,ieii a.g.e.... Target: During Stage 2a, achieve a 15% reduction in total daily treated water demand relative to treated water demand with the water use restrictions below. Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage„ ,2, the City will also do the following during Stage a: • Eliminate the flushing of water mains unless required for decontamination and/or public safety; and • Review customers' water usage for compliance based on the previous month's water use and notify violators verbally or in writing as the situation dictates. Water Use Restrictions for Demand Reduction: All requirements of Stage „J,2 shall remain in effect during Stage ,29 except as modified below: a) Irrigation of landscaped areas shall be limited to once every other week. The watering schedule will be determined by the City Manager or designee. Customers will be made aware of their designated watering day. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand- held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the Executive Director of Utilities or designee, for the following uses: new plantings (for up to 60 days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system shall still apply for a permit from the Cityi, �li�Illi�li .� �''iill'iiii. Department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b) The watering of golf course fairways with potable water is prohibited. The watering of greens and tees are limited to once every other week unless the golf course utilizes a water source other than that provided through City of Corpus Christi Utilities Department infrastructure or done by means of hand-held hoses, hand- held buckets, or drip irrigation. 91 Page^ Optional Measures: During Stage 9, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, with City Council approval, as conditions warrant: a) For residential and multi-unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use, as explained in Section 11. 4. Stage 3114 Response —CRITICAL Water Shortage Conditions Target: During Stage ,34, achieve a 30% or greater reduction in daily treated water demand relative to treated water demand with the water use restrictions below. An additional surcharge will be added to each utility bill during Stage ,34 water shortage conditions to discourage discretionary water use, as described in Section 11 for retail customers and Section 16.10 for wholesale customers. Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 9, the City will also do the following during Stage 34: • Upon written notice, disconnect the water meters of willful violators if absolutely necessary to prevent the deliberate wasting of water. Water Use Restrictions for Demand Reduction: All requirements of Stage „J,2 and 4 shall remain in effect during Stage ,34 except as modified below: a) Irrigation of landscaped areas shall be prohibited at all times. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle not occurring on the premises of a commercial car wash stations and not in the immediate interest of public health, safety, and welfare is prohibited. c) The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi-type pools, and water parks (unless non-city, alternative source) is prohibited. d) The use of water to maintain the integrity of a building foundation is still permitted on the designated Stage 4 watering day and shall be done by hand or drip irrigation method. e) All fountains shall only operate to circulate water in order to maintain equipment. 101 Page^ Optional Measures: During Stage 34, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, with City Council approval, as conditions warrant: a) No application for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage shall be in effect. b) For residential and multi-unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use, as explained in Section 11. 10. 5. Stages Response — EMERGENCY Water Shortage Conditions Target: During Stage 45, achieve a 50% or greater reduction in daily treated water demand relative to treated water demand with the below water use restrictions. Surcharges and reduced allocations are enforceable during Stage 45 water shortage conditions, as described in Section 13. During emergency conditions such as system outage or supply source contamination, or supply sources draining empty, alternative water sources and/or alternative delivery mechanisms may be necessary with prior approval of the City Manager or designee. For emergency water shortage conditions associated with contamination of Nueces Basin stored supplies, the City, under the City Manager or designee's direction, will cease pumping from the Nueces River and will contact the LNRA to identify additional, temporary water that may be available from Lake Texana on a short-term basis to meet essential water needs. For emergency water shortage conditions associated with contamination of Lake Texana supplies, the City, under the City Manager's direction, will cease pumping from the Mary Rhodes Pipeline. Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage �4, the City will also do the following: • Call the 10 largest water customers in the area affected by the emergency condition, and if necessary, use runners in key areas to begin spreading the message of a major outage. 111 Page^ Water Use Restrictions for Demand Reduction: During Stage 45, all requirements of Stage „ 2, 2-3, and ,34 shall remain in effect except as modified below: a) Irrigation of landscaped areas is absolutely prohibited. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle is absolutely prohibited. c) Associated uses of water not related to business process which are discretionary, such as equipment washing, shall be deferred until the Stage 5 emergency has been terminated. Optional Measure: During Stage -5, the following measure is an optional water use restriction that may be implemented by the City Manager, or designee, with City Council approval, as conditions warrant: a) For residential and multi-unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use, as explained in Section 11. 11. Surcharges for Drought Stages — and Service Measures (a) General 1. The surcharges established herein are solely intended to regulate and deter the use of water during a period of serious drought in order to achieve necessary water conservation. The City Council expressly finds that the drought poses a serious and immediate threat to the public and economic health and general welfare of this community, and that the surcharges and other measures adopted herein are essential to protect said public health and welfare. 2. This section, and the surcharges and measures adopted herein are an exercise of the City's regulatory and police power, and the surcharges and connection fees are conservation rates intended to meet fixed costs as a result of lost revenue. 3. With City Council approval, the City Manager is authorized to determine trigger points nts or allocations and surcharges during Stages 2-9, ,3-4, and „ Emergency Water Shortage conditions. 4. In this section, institutional customer means city utility customer which operates as a not-for-profit entity. 5. A customer may appeal an allocation or drought surcharge triggering point established under this Section to the Executive Director of Utilities or designee on grounds of unnecessary hardship, through the process outlined in Section 12. 6. Drought surcharge funds will first be applied towards annual debt service as reflected in the City operating budget to offset revenue loss due to drought 121 Page^ conditions. Additional funds will be reported to City Council for City Council direction. (b) Residential water customers, who are not billed through a master water meter. 1. A monthly base amount of 3,000 gallons shall be established as a trigger point for each customer. Water consumption up to and including this amount will not include a drought surcharge. 2. Above the 3,000 gallon consumption trigger point, with City Council Approval, a drought surcharge shall be added up to and including 100% of the customer's total monthly water bill over the allocation. (c) Residential customers who are billed from a master water meter. 1. Once Stage 2„1 condition has been declared, property managers of multi- tenant units shall notify the City Executive Director of Utilities of the number of residential units in their facility for determination of allocations. Until so notified, the City shall calculate the allocation based on two residential units per master water meter. A monthly base amount of 3,000 gallons shall be established as a trigger point for each residential unit. 2. When consumption for the month is less than or equal to 3,000 gallons times the number of residential units, there will be no surcharge. 3. With City Council approval, when consumption is above the 3,000 gallons times the number of units, a drought surcharge shall be added up to and including 100% of the customer's total monthly water bill over the allocation. 4. The customer is responsible for passing the demand charge onto the tenant. (d) Commercial or institutional customer 1. A monthly water usage allocation shall be established by the City Manager or designee for each commercial or institutional customer. 2. Method of establishing allocation: a. When the combined reservoir capacity is less than 20% of total capacity (Stage °,�x4), the commercial or institutional customer's allocation shall be 90 percent of the customer's usage for the corresponding month's billing period during previous 12 months prior to the implementation of Stage 2. b. If the customer's billing history is shorter than 12 months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. c. Provided, however, a customer, 90 percent of whose monthly usage is less than 6,000 gallons, shall be allocated 6,000 gallons. 131 Page^ d. The City Manager shall give best effort to see that notice of each commercial or institutional customer's allocation is mailed to such customer. e. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the City Utilities Billing Office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. f. Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased, (1) if one nonresidential customer agrees to transfer part of its allocation to another nonresidential customer, or (2) if other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (e) Industrial customers, who use water for processing. 1. A monthly water usage allocation shall be established by the City Manager or designee for each an industrial customer, which uses water for processing (e.g., an industrial customer). 2. Method of establishing allocation. a. When the combined reservoir capacity is less than 20% of total capacity (Stage '4), the industrial customer allocation shall be 90 percent of the customer's usage for the corresponding month's billing period during the previous 12 months prior to the implementation of Stage --j b. If the customer's billing history is shorter than 12 months, the monthly allocation shall be 1/12 of 90% of the customer's maximum annual contracted amount until 12 months of billing history are established. However if the industrial customer does not have a water contract and does not have at least 12 months of billing history, then the new industrial customer will provide data regarding expected water use and City will determine allocation based on 90% of expected use to determine initial allocation until 12 months of billing history are established. c. The City Manager shall give his best effort to see that notice of each industrial customer's allocation is mailed to such customer. 141 Page^ d. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the City Utilities Billing Office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. e. Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased, if: 1. The designated period does not accurately reflect the customer's normal water usage because customer had shut down a major processing unit for overhaul during the period. 2. The customer has added or is in the process of adding significant additional processing capacity. 3. The customer has shut down or significantly reduced the production of a major processing unit. 4. The customer has previously implemented significant permanent water conservation measures. 5. The customer agrees to transfer part of its allocation to another industrial customer. 6. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (f) Commercial, institutional, and industrial customers shall pay the following surcharges: 1. Customers whose allocation is 6,000 gallons through 20,000 gallons per month: a. $5.00 per 1,000 gallons for the first 1,000 gallons over allocation. b. $8.00 per 1,000 gallons for the second 1,000 gallons over allocation. c. $16.00 per 1,000 gallons for the third 1,000 gallons over allocation. d. $40.00 for each additional 1,000 gallons over allocation. 2. Customers whose allocation is 21,000 gallons per month or more: a. One times the block rate for each 1,000 gallons in excess of the allocation up through 5 percent above allocation. b. Three times the block rate for each 1,000 gallons from 5 percent through 10 percent above allocation. 151 Page^ c. Five times the block rate for each 1,000 gallons from 10 percent through 15 percent above allocation. d. Ten times the block rate for each 1,000 gallons more than 15 percent above allocation. e. The surcharges shall be cumulative. f. As used herein, "block rate" means the charge to the customer per 1,000 gallons at the regular water rate schedule at the level of the customer's allocation. (g) Nonresidential customer is billed from a master meter. 1. When a nonresidential customer is billed from a master meter which jointly measures water to multiple residential dwelling units (for example: apartments, mobile homes), the customer may pass along any surcharges assessed under this DCP to the tenants or occupants, provided that: a. The customer notifies each tenant in writing: 1. That the surcharge will be passed along. 2. How the surcharge will be apportioned. 3. That the landlord must be notified immediately of any plumbing leaks. 4. Methods to conserve water (which shall be obtained from the City). b. The customer diligently maintains the plumbing system to prevent leaks. c. The customer installs water saving devices and measures (ideas for which are available from the City) to the extent reasonable and practical under the circumstances. (h) Water service to the retail water customer may be terminated under the following conditions: 1. Monthly residential water usage exceeds allocation by 4,000 gallons or more two or more times for any individual month after the implementation of Stage 4:,°,fix,, Also, the two months need not be consecutive months. 2. Monthly water usage on a master meter which jointly measures water usage 161 Page^ to multiple residential dwelling units exceeds allocation by 4,000 gallons times the number of dwelling units or more two or more times (which need not be consecutive months). 3. Monthly nonresidential water usage for a customer whose allocation is 6,000 gallons through 20,000 gallons exceeds its allocation by 7,000 gallons or more two or more times (which need not be consecutive months). 4. Monthly nonresidential water usage for a customer whose allocation is 21,000 gallons or more exceeds its allocation by 15 percent or more two or more times (which need not be consecutive months). 5. For residential customers and nonresidential customers whose allocation does not exceed 20,000 gallons, after the first disconnection water service shall be restored upon request for a fee of$50. 6. For such customers, after the second disconnection, water service shall be restored within 24 hours of the request for a fee of$500. 7. If water service is disconnected a third time for such customer, water service shall not be restored until the City re-enters a level of water conservation less than Stage a. 8. For master meter customers, the service restoration fees shall be the same as above times the number of dwelling units. 9. For nonresidential customers whose allocation is 21,000 gallons per month or more: a. After the first disconnection water service shall be restored upon request for a fee in the amount of"X" in the following formula: X = $ 50 x Customer's Allocation in gallons /20,000 gallons b. After the second disconnection for said customers, water service shall be restored within 24 hours of the request for a fee of 10 times "X". c. If water service is disconnected a third time for such customer, water service shall not be restored until the City re-enters a level of water conservation less than Stage 3. d. The City Manager is directed to institute written guidelines for disconnection of water service under this provision, which will satisfy minimum due process requirements, if any. 171 Page^ (i) It shall be a defense to imposition of a surcharge hereunder, or to termination of service, that water used over allocation resulted from loss of water through no fault of the customer (for example, a major water line break) for the following conditions: 1. The customer shall have the burden to prove such defense by objective evidence (for example, a written certification of the circumstances by a plumber). 2. A sworn statement may be required of the customer. 3. This defense shall not apply if the customer failed to take reasonable steps for upkeep of the plumbing system, failed to reasonably inspect the system and discover the leak, failed to take immediate steps to correct the leak after discovered, or was in any other way negligent in causing or permitting the loss of water. Q) When this section refers to allocation or water usage periods as "month," monthly," "billing period," and the like, such references shall mean the period in the City's ordinary billing cycle which commences with the reading of a meter one month and commences with the next reading of that meter which is usually the next month. 1. The goal for the length of such period is 30 days, but a variance of two days, more or less, will necessarily exist as to particular meters. 2. If the meter reader system is prevented from timely reading a meter by any obstacle which is attributable to the customer, the original allocation shall apply to the longer period without modification. 12. Requests for Exemptions and Variances (a) The Executive Director of Utilities or designee may, in writing, grant a temporary variance to any of the provisions for water users found in this DCP upon determination that failure to grant such variance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance. (b) A person requesting an exemption or variance from the provisions of this Ordinance shall file request on City-provided application for exemption/variance with the City Utilities Department within 5 days after a particular drought response stage has been invoked. All request forms shall be reviewed by the Executive Director of Utilities or designee, and shall include the following: 181 Page^ 1. Name and address of the water user(s). 2. Purpose of water use. 3. Specific provision(s) of the Ordinance from which the water user is requesting relief. 4. Detailed statement as to how the specific provision of the Ordinance adversely affects the water user or what damage or harm will occur to the water user or others if water user complies with this DCP. 5. Description of the exemption requested 6. Period of time for which the exemption is sought. 7. Alternative water use restrictions or other measures the water user is taking or proposes to take to meet the intent of this DCP and the compliance date. 8. Other pertinent information; or as required on permit application (c) No exemption nor variance shall be retroactive or otherwise justify any violation of this DCP occurring prior to the issuance of the exemption/variance. (d) The Executive Director of Utilities or designee shall consider requests of water users for special consideration to be given as to their respective particular circumstances and is hereby authorized to, in special cases, grant such variance from the terms of this DCP if such compliance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this DCP will result in unnecessary hardship, and so that the spirit of this DCP shall be observed and substantial justice done. (e) Should a permit for special exception be granted, it shall be in effect from the time of granting through the termination of the then current stage, unless revoked by the Executive Director of Utilities or designee for noncompliance; provided, that the permit is prominently posted on the premises within two (2) feet of the street number located on the premises. (f). A person denied request for permit or exception from these rules may appeal the decision to the Assistant City Manager for Public Works, Utilities and Transportation by submitting written request for appeal to the Assistant City Manager within five business days from issuance of denial. The decision of the Assistant City Manager shall be final. (g) Violations of any permit conditions may be enforced under Section 13. 191 Page^ 13. Enforcement (a) A violation under this article is a Class C misdemeanor. Any person that violates any provision of this article shall be subject to a fine of not more than five hundred dollars ($500.00) per violation per day. The culpable mental state required by Section 6.02 of the Texas Penal Code is specifically negated and dispensed with and a violation of this article is a strict liability offense. (b) The commission of a violation of each provision, and each separate violation thereof, shall be deemed a separate offense, in and upon conviction thereof, shall be fined as hereinabove provided. (c) If any person or a second person in the same household or premises is found guilty of a second violation of this article, the water superintendent shall be authorized to discontinue water service to the premises where such violation occurs. (d) Cases filed under this section shall be expedited and given preferential setting in municipal court before all other cases. (e) Any person whose name is on file with the utilities billing office as the customer on the water account for the property where the violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on said premises shall constitute prima facie evidence that the customer committed the violation, but said customer shall have the right to show that he did not commit the violation. (f) If any person fails to respond to a citation or summons issued for a violation of this article within the time allowed, upon receipt of notice from the director or a judge of the municipal courts, the water superintendent is authorized to discontinue water service to the premises where such violation occurs. 14. Variances A temporary variance for existing water uses otherwise prohibited under this DCP may be obtained through the process outlined in Section 12. 15. Severability It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this DCP are severable and, if any phrase, clause, sentence, paragraph, or section of this DCP shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this DCP, since the same would not have been enacted by the City without the incorporation into this DCP of any such unconstitutional phrase, clause, sentence, paragraph, or section. 201 Page^ 16. Wholesale Drought Contingency Plan 16.1 Declaration of Policy, Purpose, and Intent In order to conserve the available water supply and/or to protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the City of Corpus Christi (City) adopts the following Wholesale Drought Contingency Plan (the Plan). 16.2 Public and Wholesale Customer Involvement The public was invited to view and make comments on the Plan during the regular meeting of City Council on June 23, 2015 at City Hall. The Plan was adopted under the open meetings requirement of the TCEQ during the July 14, 2015 City Council meeting. Amendments to the Plan were adopted on May 30, 2017 following a public hearing during the regularly scheduled meeting of City Council on May 23, 2017. 16.3 Wholesale Water Customer Education The City will periodically provide wholesale customers with information about the Plan, including information about conditions under which each stage of the Plan is to be initiated or terminated and drought response measures to be implemented in each stage. This information will be distributed by providing a copy of the Plan to each wholesale water customer. 16.4 Coordination with Regional Water Planning Groups The water service area of City of Corpus Christi and its wholesale water customers is located within the Coastal Bend Planning Region (Region N) and the City has provided a copy of the Plan to Region N. The City of Corpus Christi shall review and update, as appropriate, the drought contingency plan at least every five years based on new or updated information, such as the adoption or revision of the regional water plan. 16.5 Authorization The City of Corpus Christi City Manager, or designee, is hereby authorized and directed to implement the applicable provisions of this Plan upon determination that such implementation is necessary to protect public health, safety, and welfare. Wholesale customers are subject to the plan under their contracts with the City. The City Manager, or designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this Plan. The City Manager shall notify the TCEQ within five (5) business days of any mandatory water use restrictions being enacted. 211 Page^ 16.6 Application The provisions of this Plan shall apply to all customers utilizing water provided by the City on a wholesale basis. The terms "person" and "customer' as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities. The provisions of this Plan shall apply to all customers utilizing water provided by the City on a wholesale basis. Every wholesale water contract entered into, renewed or modified after official adoption of this Plan (by either ordinance, resolution, or tariff) shall include language relating to the City of Corpus Christi Water Conservation Plan and Drought Contingency Plan, adopted under Ordinance Number 55-151 to impose similar restrictions, surcharges or rationing measures on their customers. To the extent of its legal authority, the City of Corpus Christi shall require its wholesale customers to implement outdoor watering restrictions similar to those of the City for each drought response stage. The City requires that any contract for the resale of water furnished to wholesale water contractors shall contain a similar condition. 16.7 Triggering Criteria for Initiation and Termination of Drought Response Stages The City of Corpus Christi City Manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage of the Plan. Customer notification of the initiation or termination of drought response stages will be made by email, mail, or telephone. The news media will also be informed by the City. The triggering criterion to be monitored for determining drought response stages is the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi. The combined storage levels selected are based on the TCEQ 2001 Agreed Order on Freshwater Inflows to the Nueces Bay and Estuary (amended April 17, 2001). See Appendix. The triggering criterions in this section are minimum standards for initiation and maximum standards for termination, and the City Manager, or designee, can initiate or terminate each stage when conditions warrant. (a) tag I........ Mtt X114:::: Water 81,voii4age...Wat W1 ua,va h :1-e N. .. .... I I ..(;# �,V+4I �G(,:)1.RF4ze.. R.II�r..aW�.....�:� In ll�.�.. iR.er: 61-,� ftraWR..Re �� ��t�t�u��l�����q":���°� ����-:: uuNNRNraw�-��N.. GG11 & N � ViXhtG t4 GwW"1 bhe& x�. ewea� R �6 t4� :� . m� w T exa,r& r..aW ;NI!.oN=age,.IeVel deS. III I NeS....tsel& w.,.44��4:..,, :�. tR ff.:alf h �hN NnN�1.u�• 1 rat t4@ R. kI. 14 R -9 b& �&GGW-I I-E4 e X49-H e4@ G9I4#Red. Iav&-Gf Qa-HyeI a-H4Qea;:�::...Qh-'Ist:B....lRGr&��m.G&s a-bGv& 9�4 Pa 644@9& M a a R IRGaa@.:as a-bova 591:,14:: Of 9-4@68 GG-Ad4 �06 R14H"t @XlG:t.k @. ;.e-4G R Of 15GG—A.:84;!.4tu V&days of 1 4ag 1...,. (ab)Stage „12 - ItH11 Watc�!ul' Water.... 1,vortag.e Gonditron Requirements for initiation - The City will recognize that a iTiill„R;„a � ih;r: & water shortage Wa.¢.t....II11G(,:)i4d44G4 exists when the combined storage level declines below 40 percent. 221 Page Requirement for termination — Stage 12 of the Plan may be rescinded when the COnOb|OSd Sb}[@gS |SVS| iOC[S@SSS @bOVS 50 pS[CS The City will OOdfv its vvhO|SS@|S CuStOnOS[S and the nOSdi@ of the | termination of Stage t2 in the same manner as the notification of initiation of Stage 1 of the Plan. (c)Stage 2�— Shortage Condition | — The City will [SCO0OizS that @ vv@tS[ shortage condition exists when the combined storage levels declines to below 30 percent. Requirement for termination — Stage 2a of the Plan may be rescinded when the combined storage |SvS| increases above 4O percent,,::,, '�"= Upon tS[nOiO@dOO of Stage 2-9' Stage t2 bSCOnOSS OpS[@dvS. The City will notify its wholesale customers and the media ofthe termination ofStage 2a. (d)Stage 3114—CRITICAL Water Shortage Condition | Requirements for initiation — The City will [SCO0OizS that @ vv@tS[ shortage condition exists when the combined storage levels declines to below 2O percent. Requirement for termination — Stage 34 of the Plan may be rescinded when the combined storage level increases above 3OpS[CSOt,,::,, days,� Upon tS[nOiO@dOO of Stage 34' Stage 2a becomes OpS[@dvS. The City will notify its wholesale customers and the media ofthe termination ofStage 34. | (e)St��� �5 — EMERGENCY Water Shortage Condition Requirements for initiation — The City will recognize that an emergency water shortage condition exists when any ofthe following occur: i. A major water line breaks, or pump or system failures 000ur, which cause unprecedented loss ofcapability toprovide water service; or ii. Water production ordistribution system limitations; or iii. Natural or man-made contamination of the water supply source occurs. Requirement for termination — The emergency water shortage condition may be rescinded when the City of Corpus Christi City yNana0er, or desi0nee, deems appropriate. The City will notify its wholesale customers and the media of the termination of emergency shortage condition in the same manner as the notification ofinitiation ofStage 1ofthe Plan. 16'8 Drought Response Stages The City of Corpus Christi City yNana0er, or desi0nee, shall monitor water supply and/or demand conditions and, in accordance with the triggering criteria set forth in Section 10.7, shall determine that mi|d, moderate, or severe water shortage conditions exist or that an emergency condition exists and shall implement best management practices accordingly. For water contracts between the City and wholesale customers with specific reductions based on sta0e, wholesale water customers are to implement measures to achieve water use reduction targets specified in the contract. For other contracts, required adoption of Drought Contingency Plan should strive to achieve the water use reduction targets for each drought 23 1 Page stage response presented in the following table. Further discussion on best management practices and implementation practices associated with each stage of response is described below. Drought Stage Response Reservoir Storage Target Demand Reduction Level Levels Stage I M fl d� 5G 4 94!!� IIf II::::ake 544 G Stage 12- %k:1 llMGdeii:ate <40% 10% Stage 2a- %,x,leiate Severe <30% 15% Stage,3'4- Cii tjc4geve�e <20% 30% (;-FPJGaI Stage 45- Emergency Not Applicable 50% Stage I...- M11:4)Wateir SI'vortage Gon4tio� AG, ve a vekiotiiiry, 5% ited"fi-en- 4+, (444y- %*,:Iter, f4enriaii4d for, ea6I,� iAf4,,vote&44Gk Q, wifl V6 P41Y t:4e ReGe66aFy atleii4GiieG tq-eV U-Fe L,+R]4eGE?6G@i:�y �elea6e6 of wateii:�'� fi:�an Sy6teini aii::::e i.RdUdK IIeakage l::&'n gates qf 9-6wfle1,"w94:kG, Q, �,NA'fl ead:;,, G@[e W@teh G46ta-neii:: te- S(NA:GeS V6444Pta4l as wateii:::: 6, Y VGtermL. t Idi-y use of a ,valeiz y ol11 i: 1-4aIr.- fizen-:I�- th�e Q4-,y'& systen , Giz u&e of WaNe PWPGse6etG:: 146e P2e&I,'+jGIj9f46 .......... G'i,ty NI ;-@ger, 94!!� des�gR-ee� �,V+4 G( i4I,,aG!I,' 4:1-G4e6ale wAA,--RteF Gus:tGneII::6 tG y , a D dMGG466...w ateiiGupply aii4d,wof dernal4d G(,:)n4:1Joi46 ar�-d �,v4l r:eq4e6t 4iG4esa�e W@4,491G46tGpHel6 i,R#IAate 'nea6we6 te-hedu;;e �,vHteij6�se1-niplepHe'V-4, pfl a ri), M"t'"'in-age9desgr�-ee, wfllar(�4de a reqL-4,,-,�r repqf' !1"(;�fl�-e 114ews wedi w, ila4 i4GFPH@tAGR kVH4?11�� 6L,+ ai��d 4deir@i4d GG�, i H!GteGted Gupply a dernalFW G944d44G46 wfar�-d GGb1146L+Pneii�� 114�1@4A(D4 e4wat",9+ �ie@6Lhe6 2, F424GE?&: Stage 12 - NA I NAQ'::: Water ShortageWat6h Gon-ditio� Target: Achieve a 10 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management: 241 Page • The City will coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized. • The City will encourage each wholesale water customer to utilize alternative water sources such as interconnections with another water system, temporary use of a water supply other than from the City's system, use of reclaimed water for non-potable purposes, etc. Water Use Measures for Reducing Demand: • The City of Corpus Christi City Manager, or designee, will initiate contact with wholesale water customers to discuss water supply and/or demand conditions and the possibility of pro rata curtailment of water diversions and/or deliveries. • The City of Corpus Christi City Manager, or designee, will request wholesale water customers to initiate mandatory measures to reduce non-essential water use (e.g. implement Stage „J,2 of the customer's drought contingency plan). • The City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Other Actions to be Taken: • The City will notify, in writing, operators of recreational facilities to consider issuance of signs near boat ramps and in public parks notifying the public that the Reservoir System is operating at less than 40 percent of its conservation pool volume, and that a Stage 12 Drought Response level has been declared. The City will recommend that operators post information to the public regarding Stage 12 of the Drought Contingency Plan and possible boating safety hazards due to decreasing Reservoir levels. Stage 3 Nib VIII-'ll III ill Water Shortage Conditions III g — ' a Target: Achieve a 15 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management: • The City will coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized. • The City will encourage each wholesale water customer to utilize alternative water sources such as interconnections with another water system, temporary use of a water supply other than from the City's system, use of reclaimed water for non-potable purposes, etc. Water Use Measures for Reducing Demand: 251 Page^ • The City of Corpus Christi City Manager, or designee, will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate additional mandatory measures to reduce non-essential water use (e.g. implement Stage 2a of the customer's drought contingency plan). • The City of Corpus Christi City Manager, or designee, will initiate preparations for the implementation of pro rata curtailment of water diversions and/or deliveries in accordance with Texas Water Code §11.039 by preparing a monthly water usage allocation baseline for each wholesale customer according to procedures specified in 16.9 of the Plan. • The City of Corpus Christi City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Other Actions to be Taken: • The City will notify, in writing, operators of recreational facilities to consider issuance of signs near boat ramps and in public parks notifying the public that the Reservoir System is operating at less than 30 percent of its conservation pool volume, and that a Stage 9 Drought Response level has been declared. The City will recommend that operators post information to the public regarding Stage ,a of the Drought Contingency Plan and possible boating safety hazards due to decreasing Reservoir levels. Stage 3114—CRITICAL Water Shortage Conditions Target: Achieve a 30 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management: • The City will coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized, including leakage from project gates. • The City will encourage each wholesale water customer to utilize alternative water sources such as interconnections with another water system, temporary use of a water supply other than from the City's system, use of reclaimed water for non-potable purposes, etc. Water Use Restrictions for Reducing Demand: • The City of Corpus Christi City Manager, or designee, will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate additional mandatory measures to reduce non-essential water use (e.g. implement Stage 34 of the customer's drought contingency plan). 261 Page^ • The City of Corpus Christi City Manager, or designee, will initiate pro rata curtailment of water diversions and/or deliveries for each wholesale customer according to the procedures specified in Section 16.9 of the Plan in accordance with Texas Water Code §11.039. • The City of Corpus Christi City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Other Actions to be Taken: • The City will notify, in writing, operators of recreational facilities to consider issuance of signs near boat ramps and in public parks notifying the public that the Reservoir System is operating at less than 20 percent of its conservation pool volume, and that a Stage ,°,4 Drought Response level has been declared. The City will recommend that operators post information to the public regarding Stage 34 of the Drought Contingency Plan and possible boating safety hazards due to decreasing Reservoir levels. Stage — EMERGENCY Water Shortage Conditions Whenever emergency water shortage conditions exist as defined in Section 16.7 of the Plan, the City of Corpus Christi City Manager, or designee, shall: • Assess the severity of the problem and identify the actions needed and the time required to solve the problem. • Inform the utility director or other responsible official of each wholesale water customer by telephone, email, or in person and suggest actions, as appropriate to alleviate problems (e.g., notification of the public to reduce water use until service is restored). • If appropriate, notify city, county, and/or state emergency response officials for assistance. • Undertake necessary actions, including repairs and/or clean-up as needed. • Prepare a post-event assessment report on the incident and critique of emergency response procedures and actions. 16.9 Pro Rata Water Allocation In the event that the triggering criteria specified in Section 16.7 of the Plan for Stage 34 have been met, the City of Corpus Christi City Manager, or designee, is hereby authorized to implement allocation of water supplies on a pro rata basis to raw water and treated wholesale customers in accordance with Texas Water Code §11.039. The initiation of pro rata allocation preparations shall begin during Stage 23. A provision will be included in every wholesale water contract entered into or renewed after adoption of the plan, including contract extensions, that in 271 Page^ case of a shortage of water resulting from drought, the water to be distributed shall be divided in accordance with Texas Water Code §11.039. (1) A raw water or wholesale treated water customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolution of the city council based on the city manager's assessment of the severity of the water shortage condition and the need to curtail water diversions and deliveries, and may be adjusted periodically by resolution of the city council as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each raw water or wholesale treated water customer shall be limited to the allocation established for each month. (2) A monthly water usage allocation shall be established by the City Manager, or the City Manager's designee, for each raw water or wholesale treated water customer. The raw water or wholesale treated water customer's water usage baseline will be computed on the average water usage by month for the previous five-year period. If the raw water or wholesale treated water customer's billing history is less than five (5) years, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. (3) The City Manager shall provide notice, by certified mail, to each raw water or wholesale treated water customer informing them of their monthly water usage allocations and shall notify the news media and the Executive Director of the Texas Commission on Environmental Quality upon initiation of pro rata water allocation. (4) Upon request of the raw water or wholesale treated water customer or at the initiative of the City Manager, the allocation may be reduced or increased if: a. The designated period does not accurately reflect the raw water or wholesale treated water customer's normal water usage; b. The customer agrees to transfer part of its allocation to another raw water or wholesale treated water customer; or c. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established under this section to the City Council of the City of Corpus Christi. 16.10 Pro Rata Surcharges and Enforcement During any period when pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water diversions: • 2.0 times the normal water rate per unit in excess of the monthly allocation up through 5 percent above the monthly allocation. 281 Page^ • 2.5 times the normal water rate in excess of the monthly allocation from 5 percent through 10 percent above the monthly allocation. • 3.0 times the normal water rate in excess of the monthly allocation from 10 percent through 15 percent above the monthly allocation. • 3.5 times the normal water rate more than 15 percent above the monthly allocation. 16.11 Variances The City Manager, or designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided by this Plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the public health, welfare, or safety and if one or more of the following conditions are met: (1) Compliance with this Plan cannot be technically accomplished during the duration of this water supply shortage or other condition for which the Plan is in effect. (2) Alternative methods can be implemented which will achieve the same level of reduction in water use. Persons requesting an exemption from the provisions of this Plan shall file a petition for variance with the City Manager within 5 days after pro rata allocation has been invoked. All petitions for variances shall be reviewed by the City Manager, or designee, and shall include the following: (1) Name and address of the petitioner(s). (2) Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures established in the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this Ordinance. (3) Description of the relief requested. (4) Period of time for which the variance is sought (5) Alternative measures the petitioner is taking or proposes to take to meet the intent of this Plan and the compliance date. (6) Other pertinent information. Variances granted by the City shall be subject to the following conditions, unless waived or modified by the City. (1) Variances granted shall include a timetable for compliance with allocation requirements. (2) Variances granted shall expire when the Plan is no longer in effect, unless the petitioner has failed to meet specified requirements. No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the variance. 291 Page^ 16.12 Severability It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this Plan are severable and, if any phrase, clause, sentence, paragraph, or section of this Plan shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Plan, since the same would not have been enacted by the City without the incorporation into this Plan of any such unconstitutional phrase, clause, sentence, paragraph, or section. 16.13 Reservoir System Operating Plan Because all the wholesale customers rely on the reservoir systems for their supplies, they are subject to the Reservoir Operating Plan. A copy of this is included in Attachment C. 301 Page^ Drought ContingencyPlan I January 16, 2018 f Drought ContingencyPlan Purpose • Conserve the available water supply • Protect and preserve public health, welfare, and safety • Minimize the adverse impacts of water supply shortage or other water supply emergency conditions • A Texas Commission on Environmental Quality & Texas Water Development Board, State Requirement Drought Contingency Plan t g g Y Recommendations ® IV 111111 �° nus lu IIIA ILII pm IIIIIIEp 2 oTexana iso 0 puma 9!Pw9w9!!!!!III,Wumuuuuuuuuului ills <40 0 10% >50% Combine storage; f9F 15 )RseGi Live .Joys u wiuwIIIIIIIUWi iiiiiiiiiiiii i uugi911wIIPi puuP911u°IIIIIPu quuuuuuuuuuuuuuuuui°uui <30% 15% >40% Combine storage; f9F 15 CORseG Live `Joys uiii,i wiuwilllllllllu'P;ylllll'°°°up11 °III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII <20% 30% >30% Combine storage; f9F 15 f`GRsec:utiye days Unum iii Vii!!!!!iIIIUIIUI�I I IIIIUIIIIIUIIII111111UII111UIIIIII�111 Not Applicable 50% Emergency water shortage condition may be rescinded when the City Manager, or designee deems appropriate Recommend New Trigger Points .... . I� �... ������������ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII uuuuu uu III a III II V IIIIIIIIIII1111111111 Im � II� a � �� � uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu m I ill�ll IIIIIIII III II � iill��� ILII I li III IIIII<IIIIIII III10111�111 IIIIIIIIIII II 111110 II�IIIIIII >50% Combine storage e g <30% 15% >40% Combine storage <20% 30% >30% Combine storage Not Applicable 50% Emergency water shortage condition may be rescinded when the City Manager, or designee deems appropriate Drought Contingency Plan What does this mean for our customers? • We are not in a Drought Stage • The request for voluntary limits on irrigation of landscape would be moved to the Water Conservation Plan • No water use restrictions would be currently in place • Only Water Conservation Measures — No irrigation by spray or sprinklers between the hours of 10 am and 6 pm. Drought ContingencyPlan Next Steps • Receive and consider comments. • Make necessary revisions to the ordinance for second reading by City Council in January. • After passage by City Council a copy will be sent to Texas Commission on Environmental Quality SC o� � AGENDA MEMORANDUM NORPORP�E� Future Item for the City Council Meeting of January 16, 2018 1852 Action Item for the City Council Meeting of January 23, 2018 DATE: December 29, 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 Mary Rhodes Pipeline Cathodic Protection Upgrade (Capital Improvement Program) CAPTION: Ordinance rejecting the apparent low bid of Down South Field Services, Inc. as non-responsive and authorizing the City Manager to execute a contract with Integrated Corrosion Companies, Inc. of Houston, Texas as the lowest responsive/responsible bidder in the amount of$525,732.63 for the Mary Rhodes Pipeline Cathodic Protection Upgrades. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract. BACKGROUND AND FINDINGS: This project is a part of the City's Capital Improvement Program for corrosion prevention and maintenance for the Mary Rhodes Pipeline. CIP Description: Mary Rhodes Pipeline Cathodic Protection Upgrade Cathodic protection is necessary to protect buried pipeline from corrosion. The cathodic protection system for Mary Rhodes Pipeline Phase 1 was installed in 1990s and is close to the end of its service life. This project includes installation of six new test stations with zinc anode ground beds, installation of zinc anodes at fifteen existing test stations, and removal and replacement of portions of test station components at 126 existing test stations. The cathodic protection system is critical to extend the life of the 105-mile long steel 64-inch diameter Mary Rhodes Pipeline. The pipeline was completed in 1998 to convey water from Lake Texana to the O.N. Stevens Water Treatment Plant. The cathodic protection system involves an electrochemical process with sacrificial anodes that corrode more easily than steel. The existing system consists of 418 existing corrosion test sites, with eight sacrificial zinc anodes at each site. The anodes are around the pipeline and connected to the water pipeline with electric cables and associated hardware. Cathodic protection requires periodic upgrades and replacement planned by this project. Project Scope: The scope of work includes construction of six new test stations, replacement of sacrificial anodes at sixteen existing test stations, and upgrades components at 126 existing test stations. The following is a summary of the work: • Construct six new test sites with new concrete pad, conduit, wiring, and associated hardware with the installation of eight new 60-pound zinc sacrificial anodes 10 feet deep spaced 20 feet apart • Replacement of the existing anodes at sixteen sites with eight new 60-pound replacement zinc sacrificial anodes spaced 20 feet apart • Upgrades at the existing 126 test stations with removal of existing conduit and wooden posts; installation of new ten-foot high polyvinyl chloride (PVC) post, conduit, wiring, and associated hardware On November 15, 2017, the City received proposals from two (2) bidders as follows: CONTRACTOR BASE BID Integrated Corrosion Companies, Inc. 525,732.63 (corrected) Houston, Texas Down South Field Services, Inc. (NON-RESPONSIVE) 563, 4 Sinton, Texas Engineer's Opinion of Probable Construction Cost 612,000.00 The bid from Down South Field Services, Inc. was deemed non-responsive due to failure to properly submit the required bid security. Staff and the design engineer analyzed the remaining bid from Integrated Corrosion Companies, Inc., and discovered a mathematical error with the mobilization unit price. Math errors are automatically corrected prior to bid evaluations. The correction was presented to the bidder that resulted in a bid reduction from $609,500 to $525,732.63. The bidder acknowledged and confirmed the correction. Based on a review of the bidder's experience and information submitted in accordance with the contract documents, Integrated Corrosion Companies, Inc. is qualified to provide construction services for this project. ALTERNATIVES: 1. Authorize execution of construction contract. (Recommended) 2. Do not authorize execution of construction contract. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Water Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year Project to Date Current Year Future Years TOTALS 2017-2018 Expenditures Line Item Budget CIP 168,755.00 1,000,000.00 1,168,755.00 Encumbered / Expended Amount 168,755.00 168,755.00 This Item 525,732.63 525,732.63 Future Anticipated Expenditures This Project 1 113,011.371 1 113,011.37 BALANCE 0 361,256.00 361,256.00 Fund(s): Water Supply CIP #3 Comments: This project requires approximately 230 days for construction with anticipated completion by October 2018. This construction contract will result in expenditure of an amount not to exceed $525,732.63. RECOMMENDATION: City Staff recommends approval of a construction contract Integrated Corrosion Companies, Inc., of Houston, Texas in the amount of $525,732.63 for the Mary Rhodes Pipeline Cathodic Protection Upgrade for the Total Base Bid. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation Letter of Recommendation Page 1 of 2 Ordinance rejecting the apparent low bid of Down South Field Services, Inc. as non-responsive and authorizing the City Manager to execute a contract with Integrated Corrosion Companies, Inc. of Houston, Texas as the lowest responsive/responsible bidder in the amount of $525,732.63 for the Mary Rhodes Pipeline Cathodic Protection Upgrades. WHEREAS, two bids were received on November 17, 2017 for the Mary Rhodes Pipeline Cathodic Protection Upgrades Project; and WHEREAS, the apparent low bidder for the Project, Down South Field Services Inc, failed to submit bid security (5% of total amount bid)with their bid as required by Article 8 of the City's Invitation to Bid and was therefore rejected as non-responsive, and WHEREAS, the second low bid submitted by Integrated Corrosion Companies, initially contained a math error in their calculation of mobilization costs, but that irregularity was corrected by the Consultant and approved by Integrated Corrosion Companies for a final bid amount of$525,732.63; and WHEREAS, the City Council finds that the amount of the bid submitted by Integrated Corrosion Companies, Inc. is $525,732.63 because it complies with the City's bid requirements limiting mobilization costs to five percent (5%) of the total contract price bid. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The apparent low bid of Down South Field Services, Inc. for the Mary Rhodes Pipeline Cathodic Protection Upgrades Project is rejected as non-responsive for failure to submit the required bid security. SECTION 2. The City Manager or designee is authorized to execute a contract with Integrated Corrosion Companies of Houston, Texas as the lowest responsive/responsible bidder in the amount of $525,732.63 for the Mary Rhodes Pipeline Cathodic Protection Upgrades Project. 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 , 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 PROJECT BUDGET ESTIMATE MARY RHODES PIPELINE CATHODIC PROTECTION UPGRADE FUNDS AVAILABLE: WaterOperating.................................................................................................................... 168,755 WaterSupply CIP..................................................................................................................... 1,000,000 TOTAL FUNDS AVAILABLE...................................................................................................... $1,168,755 FUNDS REQUIRED: Construction and Contingency:.................................................................................................... 578,306 Construction (Integrated Corrosion Companies) THIS CONTRACT.............................. 525,733 Contingency10%.................................................................................................... 52,573 Construction Inspection:............................................................................................................ 43,170 Amendment No. 3 for Construction Inspection (Russell Corrosion Consultants, LLC)............ 43,170 Design:........................................................................................................................................ 125,585 Original (Russell Corrosion Consultants, LLC).............................................................. 29,730 *Amendment No. 1 (Russell Corrosion Consultants, LLC)............................................... 46,095 Amendment No. 2 (Russell Corrosion Consultants, LLC)................................................ 49,760 Reimbursements:..................................................................................................................... 60,438 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance)........................ 23,375 Engineering Services (Project Mgmt/Constr Mgmt) ....................................................... 35,063 Misc..................................................................................................................... 2,000 TOTAL................................................................................................................................... $807,499 ESTIMATED PROJECT BUDGET BALANCE................................................................................ $361,256 *Approved by City Council on July 29,2014 by Motion No. M2014-101 m,wWa Wflarton Yoakuirn N Speaksa w,13 Ell Campol Colorado River kw Bay a,, nnF City "odaveen Lake TexanaLdn a CA rdh rna "tea"Plny Inez tr a w yrig Victoria f, Phase6", Point'Cornf ort orda 2 Phase 1Port Lavaca J n, Ind kini la 00 TNu„h Port O'Connor " � PROJECT LOCATION ,7 Ararm, Is NWR �. Wooaf 0 Matagorda Wand, oro fI ¢�s�m�x� Y axe aiDa r 0000000010 bumf Corpus Christi 0010 (W l Agairmas Pass G ortla d Port Aransias tl C101 cd ti muss aqv IMan L O CA TION MAP NOT TOSCALE Project Number: E13068 Mary Rhodes Pipeline CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS Cathodic Protection Upgrade DEPARTMENT OF ENGINEERING SERVICES ` "I,,," Engineering Mary Rhodes Pipeline Cathodic Protection Upgrade Council Presentation January 16, 2018 Project Location i oaopus, P�t std -lgine:eriintig Bay N �, Colorado River `°Cit Vrn Mack. k�wi Q�t I:<k a dY C�NY Lake Texana hase 2 r,�lh,d Phase 1 M,,����,�a v¢11r,dand. ansa�,i MARY RHODES ROW, �3 ,,,��,,.w PIPELINE CATHODIC 01 "dPROTECTION Corpus Christi fi'im Iter p'n C1e1 r a e�s.:N'uma k�urtku J 191:iw�ry(ani f 419�U'i G:�IORIt 2 i Project Scope / C+aopus CPIt°st Erugime-ering This item provides for upgrades to Mary Rhodes Pipeline cathodic protection system that includes: • Construct 6 new test sites with concrete pad, conduit, wiring, and associated hardware with the installation of 8 new 601b zinc sacrificial anodes 10ft deep spaced 20ft apart • Replacement of the existing anodes at 16 existing sites with 8 new 601b zinc sacrificial anodes 10ft deep spaced 20ft apart • Upgrades at the existing 126 test stations with removal of existing conduit and wooden posts; installation of new 10ft high PVC post, conduit, wiring, and associated hardware :u i Project Schedule rus ,,ti ,� ivngine;ering 1 1 Feb Mar Apr May Jun Jul Aug Sep Oct Nov DJJanFeb'lar Apr May Jun Jul Aug Sep Oct Fold Bid& Award Project Construction Estimate: 230 days Schedule reflects City Council construction award in January 2018 with completion by October 2018. �d r � i rugime:ermntig Questions? i Photos , ,r pU�,,,,.. ' II i rl uiliiii Nr i r n 1 q` (i 1'Rt?�SIO�VC©�Y,�S'?IL? YISP. .LLC, P.O. Box 197 - Simpsonville, MD 21150 (410)997-4481 - Fax(410)740-2541 December 22, 2017 J.H. Edmonds, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 Subject: E13068 Mary Rhodes Pipeline Cathodic Protection Upgrades Construction Contract Award Recommendation Mr. Edmonds: On Wednesday, November 15, 2017,two (2) bids were received and opened for the above referenced project. Both bidders submitted documents pertaining to Section 00 45 16 Statement of Experience. The bidders list with their Total Base Bid is below; Down South Field Services Inc. * $563,796 Integrated Corrosion Companies $609,500 *Denotes bidder as being non-responsive, they failed to submit a bid bond with bid. Integrated Corrosion Companies bid is considered irregular because of a mathematical error in calculating their mobilization, which is limited to 5%, and because of a question about the corrosion experts listed on the statement of experience were all subcontractors and did not work directly for the company bidding the project. Integrated was notified and has agreed to correct both issues. City received documentation from Integrated Corrosion on Wednesday December 06, 2017 with the following correction to their bid: Al Mobilization 1 LS $26,286.63 $ 26,286.63 A2 Bonds and Insurance 1 LS $ 9,500.00 $ 9,500.00 A3 Supply and Install New Anodes at New Test Stations 6 EA $ 5,344.01 $ 32,064.06 A4 Supply and Install New Anodes at Existing Test Stations 16 EA $ 7,297.87 $ 116,765.02 A5 Remove and Replace Portion of Test Station Components 126 EA $ 2,707.27 $341,116.02 Total: $ 525,732.63 An e-mail commitment from Integrated Corrosion's Proposal Manager stating that a staff NACE Certified Cathodic Protection Specialist will be on site for the entire project has been submitted to the City: City of Corpus Christi E13068 Mary Rhodes Pipeline Cathodic Protection Upgrades December 22, 2017 RCC has analyzed the proposals and documents submitted and has determined that Integrated Corrosion Companies meets the specified requirements and recommends that the project E13068 Mary Rhodes Cathodic Protection Upgrades be awarded to Integrated Corrosion Companies for $ 525,732.63. Also enclosed are the project bid tabulation and Integrated Corrosion Companies bid proposal for this project. Sincerely, RUSSELL CORROSION CONSULTANTS, LLC. Michael J. Szeliga P.E. Enclosures: 1. Bid Tabulation 2. Integrated Corrosion Companies Bid Proposal and Statement of Experience 3. Letter of commitment from Integrated Corrosion Companies SC o� � U NORPORPEAGENDA MEMORANDUM 1852 Future item for the City Council Meeting of January 16, 2018 Action item for the City Council Meeting of January 23, 2018 DATE: December 29, 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 Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Jay Ellington, Director Parks & Recreation jayell@cctexas.com (361) 826-3476 Professional Services Contract Parks Master Plan Update CAPTION: Motion authorizing the City Manager, or designee, to execute a professional services contract with Freese and Nichols of Corpus Christi, Texas in the amount of$72,555 for the Parks Master Plan Update. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a professional services contract with Freese and Nichols, Inc. of Corpus Christi, Texas for the Parks Master Plan Update. BACKGROUND AND FINDINGS: This item provides for a minor update to the City's Park Master Plan that was last updated in 2012. To qualify for Texas Parks and Wildlife Department (TPWD) funding the City is required to complete a major Parks Master Plan update every 10 years and a minor update every 5 years. TPWD matching funds are the City's primary source of capital funds. Typically, the state to local match is 80/20 for projects from the land and water conservation fund, and 50/50 for trails related funds. Project Scope: The updated Master Plan captures the accomplishments towards the previous plan and necessary revisions to goals and objectives of the Master Plan. The updated Master Plan captures new demographics, local developments, city standards, and existing resources. This plan is essential to assist the Parks and Recreation Department to implement short and long-term planning, prioritization and project decisions that benefit the community by enhancing the local quality of life The following is a summary of the Master Plan activities for the minor update: • Conduct and participate in numerous meetings with Parks and Recreation Advisory Committee, operating department representatives, stakeholders, and local public regarding the needs, goals, and objectives of the community • Update of parks inventory • Update stated park goals and objectives • Update of community park needs based on community developments, current demographics and uses, park upgrades, etc. • Incorporating a new trail map to the Master Plan The PMP update must be consistent with Texas Parks and Wildlife guidelines/requirements, and approved by City Council. The updated Master Plan enhances the City's opportunity to qualify and compete for state funding through the Texas Parks and Wildlife Department. ALTERNATIVES: 1. Authorize execution of professional services contract. (Recommended) 2. Do not authorize execution of professional services contract. (Not Recommended) OTHER CONSIDERATIONS: Freese and Nichols, Inc. was selected for this project as a result of RFQ No. 2016-06 FY 2017 Capital Improvement Projects, Parks Master Plan and Continuation Bond Projects. CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts, §2, Article 10 of the City Charter regarding contracts; Conforms to FY 2017-2018 Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ® Operating ❑ Revenue ® Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Budget $77,055 $77,055 Encumbered / Expended Amount This item 72,555 72,555 Future Anticipated Expenditures This $4,500 $4,500 Project BALANCE $0 $0 Fund(s): Community Park Enrichment Fund, Park and Recreation CIP RECOMMENDATION: City staff recommends the professional services contract be awarded to Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of$72,555 for the Parks Master Plan Update. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 Contract PROJECT BUDGET ESTIMATE Parks Master Plan Update FUNDS AVAILABLE: Community Enrichment Fund $77,055 TOTAL.......................................................................................................................... $77,055 FUNDS REQUIRED: Professional Services:...................................................................................................... 72,555 Master Plan Update- Parks 72,555 Professional Services (Freese and Nichols, Inc.) THIS ITEM.................. 72,555 Reimbursements: Total Reimbursements...................................................................................................... 4,500 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance)...... 1,500 Engineering Services (Project Mgt/Constr Mgt).......................................... 3,000 Misc. (Printing, Advertising, etc.)............................................................. 0 TOTAL.......................................................................................................................... $77,055 ESTIMATED PROJECT BUDGET BALANCE....................................................................... $0 N SCALE: N.T.S. Nwe D CITY-WIDE PROJECT None Pan �z o - WA n Ingl.W, a oQ NUECES BAY a!'� b ,CORPUS CHRISO Q r � IN 4 M CN4811 CORPUS CHRISM BAY wiu a�wsn aee as OSO fi4Y x m °06 ROW 0 �e M1, PxY LNGUM (MORE GULF OF MEXICO LOCATION MAP NOT TO SCALE Project Number: E17015 CITY COUNCIL EXHIBIT Parks Master Plan Update CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) E17015 — Parks Master Plan Update The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Freese and Nichols, Inc., 800 N. Shoreline, Suite 1600N, Corpus Christi, Nueces County, Texas 78401, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I — SCOPE OF SERVICES ..............................................................................2 ARTICLE II — QUALITY CONTROL.................................................................................3 ARTICLE III — COMPENSATION.....................................................................................3 ARTICLE IV— TIME AND PERIOD OF SERVICE...........................................................4 ARTICLE V — OPINIONS OF COST................................................................................5 ARTICLE VI — INSURANCE REQUIREMENTS ..............................................................5 ARTICLE VII — INDEMNIFICATION ................................................................................5 ARTICLE VIII — TERMINATION OF AGREEMENT.........................................................6 ARTICLE IX — RIGHT OF REVIEW AND AUDIT.............................................................7 ARTICLE X — OWNER REMEDIES.................................................................................7 ARTICLE XI — CONSULTANT REMEDIES .....................................................................8 ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION..................................................8 ARTICLE XIII — MISCELLANEOUS PROVISIONS........................................................10 EXHIBIT A SCOPE OF SERVICES EXHIBIT B SAMPLE PAYMENT REQUEST FORM EXHIBIT B-1 CONFIDENTIAL RATE SHEET EXHIBIT C INSURANCE REQUIREMENTS EXHIBIT D DISCLOSURE OF INTEREST EXHIBIT E CERTIFICATE OF INTERESTED PARTIES (FORM 1295) EXHIBIT C EXGeFpt49m GGFP616 GhriSti Gee FaI��ditiGRG fer�6tF6lGtiqR DreeGtj� Contract for Professional Services PAGE 1 OF 12 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. resPORS a r., Ewhihit IC 1.61 The GeRsi-litant agrees to serve-as the Gity's DesigReras defined the General ,A,411 GA-FISM 111t—R.A d- —R d-ViSM69 thf-9 G ity OR matters rel-ate d- to --46 SGE)pe of 2-R-Rxirue-s Rg the peFfeFMaRGe of Oho CAPE;.ORAt's corviinoc hirJc -Rr,d eyal,,-a40 the rJe-n,,moA4c c,,hmitted by hiddeFc 1.7- PeF pF9j 2CfS-#ihat require Stlh StlrfaGe-Utility RYe Stigatir9Rr'. 1.7.1 The GeRsultapt agrees to prepare and to the Gity prier to the0 submittal a signed and- sealed repert ideRtifyiRg all utilities withiR the pr(�eGt area at the Quality Level speGified- on r-=xhmhmtq A ;;Pd A vmc�-vvrs� f4 party 9WRer69pe-r-4A-rc Contract for Professional Services PAGE 2 OF 12 1.8 r prnieG4 With petteR4ial Utility GGR&n4G� 1.8-2 The GeRsi-litant agrees tG prepare and Gi-lb-mit a moicithly Utility Matrix to the C:,*. 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 $72,555. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule, as shown in Exhibit B-1,with their proposal. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three(3)days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis,the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Contract for Professional Services PAGE 3 OF 12 Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY,THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 approved GhaRges. 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 Contract for Professional Services PAGE 4 OF 12 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 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 Contract for Professional Services PAGE 5 OF 12 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. 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& Contract for Professional Services PAGE 6 OF 12 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. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, Contract for Professional Services PAGE 7 OF 12 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 Contract for Professional Services PAGE 8 OF 12 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 PAGE 9 OF 12 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 PAGE 10 OF 12 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. 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 FREESE AND NICHOLS, INC. _ 12/20/2017 Jeff H. Edmonds, P.E. Date Ron Guzman, P.E. Date Director of Engineering Services 800 N. Shoreline, Suite 160ON Corpus Christi, TX 78401 (361) 561-6500 Office (361) 561-6501 Office rg@freese.com APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST City Secretary Date Contract for Professional Services PAGE 11 OF 12 Fund Name Accounting Unit Account Activity No. Amount No. Community Enrichment Fund 4720 21300 141 550030 E17015 01 4720 EXP $72,555.00 Total $72,555.00 Contract for Professional Services PAGE 12 OF 12 Y mium uum numi�i��u)ouumuioji idnu ti�i ui ii�mud a iii��u 800 N.Shoreline Blvd.,Suite :1.6001N m Corpus Christi,Texas 78401 m 361-561-6500 m fax 361-561-6501. to/vA/vA/f C Tl December 19, 2017 Mrs. Sarah West Project Manager Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi,TX 78469 RE: Proposal for Parks Master Plan Update—Large AE Dear Mrs. West: Freese and Nichols, Inc. (FNI) is once again pleased to submit this professional services proposal as the basis for a lump sum engineering services contract. This effort will consist of updating the Parks Master Plan created by Halff and Associates in 2012. PURPOSE The purpose of this study is to update the 2012 Corpus Christi Strategic Parks and Recreation Master Plan.The planning process will involve input through a committee, stakeholder meetings, and public workshop to update the needs and desires of the community. This project's deliverables will include an update appendix with updated park goals, revised needs based on other recent plans, and action items.The updated appendix document will be a supplement to the existing 2012 Corpus Christi Strategic Parks and Recreation Master Plan. It is envisioned the final deliverable will be approximately 20 pages. It is not intended that existing master plan elements such as park standards, detailed inventory/site visits to each park, recommended landscaping elements, maintenance standards, and sustainability guidelines will be reexamined with this update. The City of Corpus Christi will provide the InDesign files to be used to prepare the 2012 Park and Recreation Master Plan. These files are to be used for the sole purpose of updating the City of Corpus Christi's Park and Recreation Master Plan, and they will not be re-used or copied for any other purpose outside of the Parks Master Plan Update Work. The following scope reflects a minor update to the existing plan. Most of the existing 2012 Plan will remain with updates to an appendix based on new local input and recent park planning efforts. Throughout the project, the Client will be responsible for identifying stakeholders, connect FNI to the Parks and Recreation Advisory Committee (PRAC) subcommittee on Park Development, securing meeting venues, meeting notifications and invitation. During the PRAC, stakeholder and public meetings, the City will be responsible for facilitating most meetings including providing comment cards, agendas, maps, station boards, input exercises and other associated meeting materials. Food or refreshments are not included as other associated meeting materials. Elected and appointed officials should be encouraged to attend meetings.The following sections present a more detailed narrative of the basic services to be provided by FNI for the Parks Master Plan update. Exhibit A Page 1 of 5 Mrs. West Page 2 December 19, 2017 SERVICES AND ASSOCIATED FEES Project Management:Throughout the project,the Consultant will manage activities including scheduling, communication plan, progress reports, coordination with the Client, and biweekly conference calls.The Consultant will prepare plan action and milestone outline. $4,254 Online Survey:The Consultant will develop a questionnaire to be included as part of an online survey. The Consultant will provide a survey link to the Client to post on the City's website.The survey will focus on identifying a vision, goals, and opportunities for the planning study. FNI will manage the data on response and make available to the City. $530 Gather and Review Associated Plans:The Consultant will review existing documents (Mobility Plan, Park Program Master Plan, Downtown Development Plan, Plan CC, etc.) affecting the updated plan. Emphasis will be placed on the most recent plans and those found most relevant by the Client. Based on the findings,the update appendix will document the park and recreation efforts since the 2012 plan's adoption. $6,148 Kick-Off Meetings and Site Tour:The Consultant will attend one (1) kick-off meeting with the Client.The purpose of the meeting will be to review the projects scope, schedule, communication, expectations, deliverables, and Client and Consultant tasks. During the kick-off meeting, the Consultant and Client will outline Public Involvement goals, target groups, communication ideas, and meetings. Following, the Client and Consultant will conduct park tours to key areas or recent park improvements.The kick-off meeting and tour is envisioned to be conducted in four hours. $1,968 Parks and Recreation Advisory Committee Meeting 1:The Consultant will attend a PRAC meeting at the beginning of the project (July meeting targeted). During the meeting, the Consultant will introduce the project's purpose, provide an overview of the scope and present findings to date. Following,the Consultant will lead the meeting participants in general discussions and or a group exercise(s)to identify goals, desires and opportunities for park and recreation improvements. Parks and Recreation has requested that a stakeholder meeting being included in the PRAC meeting as an agenda item (see below). $3,575 Stakeholder Meeting Series 1 with Public Invite:The Consultant will facilitate a stakeholder meeting with the public invited to participate.These meetings will provide an opportunity for the Consultant team to present a brief project overview and findings to date. Following, the Consultant will lead the meeting participants in an input session that may include work stations, key pad polling, dialog, issue identification,visioning, or breakout groups.The information gathered at this meeting will guide the Consultant on updates to the plan goals and strategies.This stakeholder meeting will be held in coordination with the PRAC meeting (see above). $5,786 Update the Park Inventory Based on Completed Projects:The Consultant will update the 2012 Master Plan's inventory with recently completed projects.The updated park inventory matrix will be provided in the update appendix. Revisions to the inventory matrix will be based on recent park additions and information provided by the Client. $3,173 Update Demographic Profile: City staff will update all demographic information and provide final demographic tables to the Consultant.The Consultant will include the provided demographic profiles in the report appendix.This information will be used to update the needs assessment and facility demand information. $582 Exhibit A Page 2 of 5 Mrs. West Page 3 December 19, 2017 Update Goals and Objectives: Based on the results of the previous tasks, including PRAC meeting, Client input and surveys, the Consultant will update the plan appendix to include revised goals, objectives and development priorities.This task will use the 2012 goals and objectives as a base and update based on local input. $6,148 Needs Assessment Update:The Consultant will provide minor updates to the needs assessment to documenting demand-based input from the previous tasks. In addition,the standards-based assessment will be updated to reflect recently completed projects,the updated inventory, and the updated demographic profile. $2,718 Parks and Recreation Advisory Committee Meeting 2:The Consultant will attend a second PRAC meeting. During this meeting, the City staff will provide an overview of the previous task findings and revised goals and objectives. Parks and Recreation has requested that a stakeholder meeting being included in the PRAC meeting as an agenda item (see below). $6,265 Stakeholder Meeting 2 with Public Invite:This meeting will provide an opportunity for the Consultant team to provide an overview of the previous task findings and revised goals and objectives.This stakeholder meeting will be held in coordination with the PRAC meeting (see above). $3,656 City Council Update:The Consultant will attend a City Council workshop where the project overview and public meeting input to date are presented. City staff will prepare and make the presentation and Consultant will answer questions as needed. $746 Master Plan Priorities and Update Appendix: Based on input from the previous tasks, the Consultant will update the master plan priorities.This task will rely on local input to guide the Consultant teams recommended action items.The Consultant will explain the results of the planning effort into a written update appendix to the existing 2012 plan with minor updates to maps, tables, and charts. $20,077 • The Consultant will prepare a trail map update which will incorporate recent bike and trail planning into the existing map. This study does not include a detailed hike and bike assessment or standards, but will rely on the 2012 map as a base and update per other recent studies. • The Consultant will prepare a draft update appendix to the 2012 Plan to briefly document the planning process,demographic changes, input, revised tables, need assessment updates, updated goals,and updated maps from the previous tasks. It will present a clear narrative with brief graphics and figures to describe the intentions of the community. • The draft update appendix will be provided to the Client, PRAC,and other parties the Client wishes to include for review and comments.The Client should gather all comments and provide a single submittal back to the Consultant as to minimize revision submittals.The Consultant will incorporate comments and proceed to prepare final deliverables. The draft appendix will be prepared in InDesign software. Parks and Recreation Advisory Committee Formal Public Hearing: The Consultant shall attend the formal public hearing regarding the Master Plan Update. City staff will make the presentation and Consultant will answer questions as needed. $373 Exhibit A Page 3 of 5 Mrs. West Page 4 December 19, 2017 City Council Adoption Meeting:The Consultant will attend a City Council meeting for adoption of the plan update.The Consultant will provide information to City staff, who will make the presentation to the City Council. $3,564 Prepare Final Deliverables: $2,992 a. One (1) bound copies of the final report b. One (1) CD c. Electric files for the report, charts, tables, maps, or other electronic data developed during the planning process SCHEUDLE Date Activity Assumed NTP for AE January 24, 2018 Contract February 14, 2018 Kickoff Meeting March 14, 2018 PRAC Meeting 1 March 14, 2018 Online Survey March 14, 2018 Stakeholder Meeting 1 May 9, 2018 Stakeholder Meeting 2 May 9, 2018 PRAC Meeting 2 May 15, 2018 City Council Update Draft Appendix for City May 28, 2018 Review PRAC Meeting 3 — Formal July 11, 2018 Public Hearin July 17, 2018 City Council Adoption SUMMARY OF FEES Basic Services Fees Fee 1. Preliminary Phase $72,555.00 2. Design Phase N/A 3. Bid Phase N/A 4. Construction Administration Phase N/A Subtotal Basic Services Fees $72,555.00 Additional Services Fees 5. Permit Preparation N/A 6.Topographic Survey and Parcel N/A Descriptions 7. ROW Acquisition Survey N/A 8. Geotechnical Investigation N/A 9. Subsurface Utility Investigation N/A Exhibit A 10. Traffic Control N/A Page 4 of 5 Mrs. West Page 5 December 19, 2017 11. Public Involvement N/A 12. Warranty Phase N/A 13. Construction Observation Services N/A Sub-Total Additional Services Fees N/A Sub-Total Fee $72,555.00 Sincere) Ron Guzman, P.E. Principal, Corpus Christi Office cc: Wendy Shabay, Shane Torno Exhibit A Page 5 of 5 yr 0 0 0 0 0 0 0 0 0 0 0 � 0 0 0 0 0 0 0 0 0 0 801 0 r O O O O O Ch O O O m m m Lo cM L o � V Q 0 0 0 0 0 LO 0 0 ~ ~ ~ O O O M � L O LO co N M N ) 0 o a N a� � w -a U C- a) Q a) O O O O O O O O p p p 0 O O O m E. L O O O O O O O O m m m o 0 0 0 m 0OOLOOLO ONN LO� U} 'IT 'IT 0) LO I- LO I- L Cfl N I- N CA Q91 C6 L6 I;i L61 I;i CA E R � m O O O O O O O O Q Q Q O O O O O O O O O O O O O m m m O O O O -E000000 O O O �— �— �— O 000 H CV 613� CV 61-11 C O O O O O O O O Q Q Q O O O O NO O O O O O O O m m m 0 O O O = W00000 O O O �— �— �— O 000 O .v O O Ef} tf} O Ef} Ef} Ef} Ef} O Ef} O p O Lo LO LO LO > CL 00000O 0000000 000 - (1) 99990. O O O m m m 0 999 0 0 0 0 0 0 0 1- 1- 1- O 0 0 0 I— L 1( 6,3� 6,3� o o � � O OO O WO Ln Ln O LO Ln Z 0 N H U O O O O O O O O p p p 0 O O o a W � 04� o � o 0 0 0 0 0 0 o m m m o 0 0 o a O o 0 o 8 0 0 0 0 0 0 0 ti F- F- F- ti o ti ti i 0 0 0 O 0 O N N I* CA 1* O Z Z O O I'- Cn N O � CO Il- N Il- 0) CU a �+ dH p M M O N T T 'f C6 N W V V V N? N? N? N? N? N? N? N? N? N? + H •�'O uj _ J ON O O O O O O O O Q Q Q O O O O S CL s z O O O O O O O O O m m m 0 O O O o 0 > 6 0 0 0 0 0 0 0 r H H H r O r r a s= Z tf} Ef} LO O LO Ef} Ef} N N LO N O — N O N Cfl Cfl N Cfl 00 U U E a'� 00 00 0 O O O Q Q Q O 00 O O O 99 O O O O m m m 0 00 O 6 0 0 0 0 0 0 0 0 f— f— f— 0 0 0 0 Z 6c�- o 6c�- 6c�- o 613� C14 613� C14 o C14 N o s: � o E o ocu O O 00 O O O O p p p 0 00 O 0 0 99 00 0 o m m m o 0 0 0 a 0 0 00 0 0 0 0 f— f— f— 0 00 0 12 1 0 0 00 0 O Ef} Ef? O 00 O CO 0 0 LO LO 0 O O 00 O ( L O N N Cfl N N Cfl N 00 O O U � cB N +� to (B U) LL ti > to [n to O a) > d cucu LLa) d L� C) d U d cu LL .L rn a N d a� o m R C3 a � Q �, > U. CU . a ^� L 1 +[ CO) .� a � iO cu v CO Q Ca s= `O a) o ~ y aE a o CU E 0 °v ` _ � � U _0a) 0 o CU cu o aa)i v o cu m a Q m U U) Q a a 0 cn cn co m Q Z = = Exhibit B 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 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 1 Rev 04/17 Exhibit C Page 1 of 2 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 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. 2 Rev 04/17 Exhibit C Page 2 of 2 SUPPLIER NUMBER TO BE ASSIGNED BY CITY 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: City of Corpus Christi P. O.BOX: P. O.Box 9277 STREET ADDRESS: 1201 Leopard Street CITY: Corpus Christi ZIP: 78401- 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 Exhibit D Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter,unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ron Guzman,P.E. Title: Vice President/Principal (Type or Print) Signature of Certifying Date: Person: _ 12/20/2017 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person,partnership, corporation,joint stock company,joint venture,receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.,, g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Exhibit D Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.i-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. 2017-295549 Freese and Nichols, 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 12/19/2017 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. E17015 Professional engineering services to update the 2012 Corpus Christi Strategic Parks and Recreation Master Plan. 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Hatley,Tricia Oklahoma City,OK United States X Payne,Jeff Dallas,TX United States X Milrany,Cindy Fort Worth,TX United States X Coltharp,Brian Fort Worth,TX United States X New,John Corpus Christi,TX United States X Nichols,Michael Fort Worth,TX United States X Pence,Robert Fort Worth,TX United States X Herchert,Robert Fort Worth,TX United States X Gooch,Thomas Corpus Christi,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct, Ill:- LISA BOGGS Notary Public,State of Texas . My Commission Expires � 06/25/2019 S nature o authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said .3 this the„ day of l �� 2Q _ ,,.,�„„s,to certify which,witness my hand and seal of office. " �� -Arq � Signatu of officer administerfa6 uhth Printed name of o(ti dministering oath Title of o cer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 Exhibit E Page 1 of 1 "I,,," Engineering Parks Master Plan Update Council Presentation January 16, 2018 Location Map us lilo-gpineering \� N U PARKS MASTER o SCALE v S PLAN UPDATE a �a i Project Scope / Coope CII st Engineering The Updated Master Plan enhances the City's opportunity to qualify and compete for state funding through the Texas Parks and Wildlife Department (TPWD). TPWD requires minor updates every 5 years (this item) and major updates every 10 years. The minor update includes: • Conduct and participate in numerous meetings with Parks and Recreation Advisory Committee, operating department representatives, stakeholders, and local public regarding needs, goals, and objectives of community • Update of parks inventory • Update stated park goals and objectives • Update of community park needs based on community developments, current demographics and uses, park upgrades, etc. • Incorporating a new trail map to the Master Plan :u Project Schedule us CIIP"�ti 2018 Jan Feb Mar ro, May Jun Jul Project Estimate = fi Months Projected srneauie reflects City Council award in January mis with anticipated completion in iwv zoos. SC v AGENDA MEMORANDUM "CORPOR1 Future Item for the City Council Meeting of January 16, 2018 1852 Action Item for the City Council Meeting of January 23, 2018 DATE: December 26, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Construction Contract Yorktown Boulevard from Lake Travis Drive to Everhart Road Bond 2014 Proposition 1 CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Berry Contracting LP dba Bay, Ltd, of Corpus Christi, Texas in the amount of $2,028,791.86 for Yorktown Boulevard from Lake Travis Drive to Everhart Road for the Base Bid. (Bond 2014 Proposition 1) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for Yorktown Boulevard from Lake Travis Drive to Everhart Road Project. BACKGROUND AND FINDINGS: This project was approved in the Bond 2012 Proposition 1 Street Projects in the general election held on November 6, 2012. Bond 2014 Brochure description: "Yorktown Boulevard from Lake Travis Drive to Everhart Road — This project includes full-depth repair of the existing four lane A-2 Secondary Arterial Divided Street, which has two through lanes in each direction with a center median. Although this roadway is designated as a A-3 Arterial in the Urban Transportation Plan (six travel lanes with center median) consideration is being given to design to roadway as a modified A-1 Minor Arterial roadway due to projected vehicle traffic volumes. The proposed improvements include two through lanes in each direction with a center median, curb and gutter, sidewalks, ADA curb ramps, and pavement markings. The condition of the existing sidewalks will be assessed to determine where sidewalk improvements are warranted. Consideration is being given to adding bike lanes." Project Scope: This project provides resurfacing with full depth repairs of existing divided 4-lane roadway with new signage and markings. Work includes sidewalk repairs, new ADA-compliant ramps on the south side. Lighting (illumination), landscaping and irrigation upgrades are included within center median. Utility work is limited to valve cover and manhole adjustments for water, waste water, gas, and storm water. Other improvements include a new IT conduit. This section of Yorktown is not designated for bicycle transit in the Mobility Plan. Full-depth reconstruction and major underground utility upgrades were not recommended due to existing conditions of the pavement structure and utilities. This resulted a cost avoidance of approximately $900,000 for the City. The project was advertised with a base bid for Hot-Mix-Asphalt-Concrete(HMAC)with no additive alternates. The City received three (3) bids as follows: Contractor Base Bid Berry Contracting, LLC dba Bay, Ltd. Corpus Christi, Texas $2,028,791.86 Haas-Anderson Construction Corpus Christi, Texas $2,082,257.35 CPC Interests, LLC, dba Clark Pipeline Services Corpus Christi, Texas $2,861,365.94 Engineer's Opinion of Probable Cost $2,458,000 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: LNV, Inc., is the design engineer that was selected for this project under RFQ 2013-01. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. Conforms to FY 2017-2018 Street Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Budget and Current Year Future Years TOTALS Expenditures Budget $1,044,176.00 $2,573,115.00 $3,617,291.00 Encumbered / Expended 1,044,176.00 0.00 1,044,176.00 Amount This item 2,028,791.86 2,028,791.86 Future Anticipated 542,560.19 542,560.19 Expenditures This Project BALANCE $0 $1,762.95 $1,762.95 Fund(s): Street and Utility CIP Comments: N/A RECOMMENDATION: City staff and LNV, Inc. recommend a construction contract award to the lowest responsive and responsible bidder, Berry Contracting LP (dba Bay, Ltd) in the amount of $2,028,791.86 for the Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Letter of Recommendation PROJECT BUDGET ESTIMATE Yorktown Boulevard Lake Travis Drive to Everhart Road BOND 2014 Proposition 1 PROJECT FUNDS AVAILABLE: Street BOND 2014 Proposition 1................................................................................................. 2,900,000 StormWater CIP...................................................................................................................... 378,684 WastewaterCIP....................................................................................................................... 179,651 WaterCIP............................................................................................................................... 154,434 Gas....................................................................................................................................... 4,522 TOTAL FUNDS AVAILABLE...................................................................................................... 3,617,291 FUNDS REQUIRED: Construction Fees: Construction (Berry Contracting LP dba Bay, Ltd) THIS ITEM...................................................... 2,028,792 Streets............................................................................................................. 1,978,360 Utilities............................................................................................................. 50,432 StormWater.................................................................................. 33,232 Water........................................................................................... 8,600 Wastewater................................................................................... 5,200 Gas............................................................................................. 3,400 Contingency (10%)................................................................................................................. 202,879 Construction Inspection and Testing Fees:..................................................................................... 158,626 Construction Inspection (Estimate).......................................................................... 126,038 Construction Materials Testing................................................................................ 32,588 DesignFees:........................................................................................................................... 1,044,176 Engineering Design (LNV, Inc.) Original and Amendment Nos. 1 and 2........................... 1,044,176 Streets............................................................................................. 555,291 Utilities............................................................................................. 488,885 Storm Water................................................................... 251,493 Water........................................................................... 107,516 Wastewater.................................................................... 129,876 Reimbursement Fees:............................................................................................................... 181,055 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget)............................... 72,022 Engineering Services (Project Mgt)........................................................................ 108,033 Misc. (Printing, Advertising, etc.)............................................................................ 1,000 TOTAL................................................................................................................................... 3,615,528 ESTIMATED PROJECT BUDGET BALANCE............................................................................... 1,763 181 F SCALE: N.T.S. SHIP CHAN CORPUS CHRISTI � I Qom � LEOPARD " 0 a z 44 eq p <Oh/ 286 H MORGP O 358 Q ° �l °O Z Q' CORPUS CHRISTI BAY 0 32 M�gRo<e c°��/yqR A��s 0C, TEXAS A&M UNIVERSITY oN y0<<Y CORPUS CHRISTI r7 � PROJECT LOCATION DD SgRgTOcq ¢- CABANISS , i OSO BAY CORP FIELD <v Q NAVAL Qv O Q� FLOUR �o 2 358 286 p ��° L Q Q- Z JQ 2444 °ROTO GQ 3� LOCATION MAP project Number: E1 093 Ar, NOT TO SCALE Yorktown Boulevard CITY COUNCIL EXHIBIT '.... ... Lake Travis Drive to Everhart Road CITY OF CORPUS CHRISTI,TEXAS Bond 2014 DEPARTMENT OF ENGINEERING SERVICES Corpus Chr'sti Engineering Yorktown Boulevard Lake Travis Drive to Everhart Road BOND 2014, Proposition 1 Council Presentation January 16, 2018 r Project Location Corpus CNr'stl Engineering CORPUS CHRISTI A� N IoM SCALE:N.T.S. CORPUS CHRISTI BAY B g� `w PROJECT LOCATION a..RP FLOUR BLUFF ka 4- �O Rana (} LAGUNA Project Vicinity ?\ Corpus erw » @m©mm T.S.� . § ^ \\ ©<v�rw BOULE ~ �l Project Vicinity i Engineering SCALE:N.T.S. E13093 YORKTOWN (Lake Travis to Everhart) � CURRENT PROJECT ` 1 i E13096 YORKTOWN(Everhart to Staples) y,� '�� PREVIOUS PROJECT � I ��', BOND 2014 PROP 1 YORKTOWN BLVD PROJE CTS l �tl N, 4 Typical Sectionhrs Corpus CNrtl Engineering GI�MiINM r ;- BOUNDARY TRAVELLANES CENTER TRAVEL LANES BUFFER SIDEWALK MEDIAN MEDIAN Y Project Scope p d� y . . Corpus CNrstl Engineering This project provides renovation of the existing 4-lane divided roadway, work includes: • Resurfacing with full depth repairs of existing HMAC pavement with new pavement markings and signage • Sidewalk repairs and ADA compliant ramps on south side • Street lighting, landscaping and irrigation upgrades within center median • Utility valve cover and manhole adjustments for water, wastewater, gas and storm water • IT conduit and other miscellaneous improvements 6 N Project Schedule r Corpus Chr'sti Engineering Oct Nov Dec Jan Feb Mar Apr May Jun I Jul Aug Sep Bid & Award Construction Construction Estimate 232 days 11 . Soutuons..16day Mth s engineerI architects � contiractons Vision for-,T morro December 19, 2017 J.H. Edmonds, P.E. Director of Capital Programs City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 Re: Yorktown Boulevard — Lake Travis to Everhart(Bond 2014) Project No. E13093 Construction Contract Award Recommendation Dear Mr. Edmonds: On Wednesday, December 6, 2017, three (3) bids were received and opened for the above referenced project. The three bid packages received did not include any mathematical errors. The apparent low bidder based on the Total Base Bid is Bay, Ltd. from Corpus Christi, Texas. Bay, Ltd. Total Base Bid amount is $2,028,791.86 as shown below: _ .._._............................................................................................................................................................................................................................... Contractor ........................................——_—_..................._................................_.._.................................... Description Bay, Ltd. Corpus Christi,TX ................................................................................................... .. Part A-General Improvements $207,746.10 Part B-Street Improvements $1,478,190.16 — .............._................._.—.—...................................................................................._.._....................................................... Part C—A.D.A. Pedestrian Improvements $115,858.60 ............... ........................................._...........®._............._................._............................................................................................................................................................._........................................................................................................... ..... Part D—Gas Line Improvements $3,400.00 Part E—Landscaping & Irrigation Rehab. $26,600.00 .....................__..........—.......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Part F—Elec. Conduit for Future I.T. $65,111.00 ......................................................_.._._......._..._._.............................................................................................................................................................................................................................................................................................................................................................................................................................................. Part G—Street Lighting Conduit $84,854.00 ......... ................................................................................................................................................._............................................................................................ Part H—Storm Water Improvements $33,232.00 ................................................................................................................................ Part I—Water Distribution Improvements $8,600.00 Part J -Wastewater Improvements $5,200.00 Total Base Bid $2,028,791.86 This project consisted of a base bid only and no additive alternatives. The scope of work for these improvements is included below: 801 NAVIGATION I SUITE 300 i CORPUS CHRISTI,TEXAS 78408 OFFICE 361.883.1984 1 FAX 361.883.1986 1 WWW.LNVINC.COM RUN SOOUtions Today with a en iVere � Irchi cts I contractors Visioin for Tom°'m'"m lll"'ro Base Bid: The proposed improvements will include full-depth pavement repairs in identified locations, planing (milling) of existing asphaltic pavement, crack sealing, asphalt overlay with high-strength engineered paving mat interlayer product, removal and replacement of minor quantities of concrete curb & gutter and concrete sidewalk at designated locations, installation of PVC electrical conduit for street light wiring and future IT cables, minor landscaping and irrigation rehabilitation, and associated improvements such as storm water pollution prevention controls, pavement markings and signage, and temporary traffic controls during construction, for approximately 3,850 linear feet of 4-lane divided arterial street. Coordination with contractor for adjacent City street project#E13096 will also be required. We reviewed the information required in Section 00 45 16 Statement of Experience of the contract documents that was submitted by Bay, Ltd. and found no anomalies. This information is enclosed for your review. There is some information that will need to be provided at the time of the Pre-Construction Meeting by the Contractor such as key personnel (Project Superintendent). Bay, Ltd, is very familiar with City of Corpus Christi Street Bond Projects. It is our opinion that Bay, Ltd. is capable of completing a job of this magnitude. Bay, Ltd. also has several construction projects currently ongoing for the City of Corpus Christi and throughout this area as listed in their Section 00 45 16 Statement of Experience. Bay, Ltd. is also the Contractor on the adjacent project of Yorktown Boulevard from Everhart to Staples Street (Bond 2014), City Project No. E13096, which is currently under construction. The bids received for this project are within the City's budget. Based on the information submitted by the bidders, and upon evaluating the funding and priority for the need of the project, LNV recommends that the City award this project to Bay, Ltd. for: Base Bid in the amount of$2,028,791.86 Also enclosed is the project bid tabulation and Bay, Ltd. bid proposal for this project. Please feel free to contact us if you have any questions. Sincerely, LNV, Inc. TBPE No. F-366 Dennis L. Miller, P.E., CFM Senior Project Manager Enclosures: 1. Section 00 45 16 Statement of Experience 2. Bid Tabulation 3. Bay,Ltd.Bid Proposal cc: Chris Hale, P.E. Sylvia Arriaga 801 NAVIGATION I SUITE 300 CORPUS CHRISTI,TEXAS 78408 OFFICE 361.883.1984 1 FAX 361.883.1986 1 WWW.LNVINC.COM SC 00 � 0 E AGENDA MEMORANDUM NCORPORP11 Future Item for the City Council Meeting of January 16, 2018 1852 Action Item for the City Council Meeting of January 23, 2018 DATE: January 8, 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 Construction Contract Staples Street from Kostoryz Road to Brawner Parkway Bond 2012 Proposition 1 CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Reytec Construction Resources, Inc., of Houston, Texas in the amount of $10,715,524.30 for Staples Street from Kostoryz Road to Brawner Parkway for Base Bid 1 (PCC). (Bond 2012 Proposition 1) PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract for the Staples Street from Kostoryz Road to Brawner Parkway Project. BACKGROUND AND FINDINGS: This project was approved in the Bond 2012 Proposition 1 Street Projects by the community in the general election held on November 6, 2012. Bond 2012 Brochure description: "South Staples Street from Brawner Parkway to Kostoryz Road includes reconstruction and replacement of existing 5-lane road,wide sidewalks, curb and gutters,ADA curb ramps, lane striping, pavement markings, and bus stop rehabilitation." For Bond 2018 (Proposition 1), it is proposed to reconstruct Staples Street from Kostoryz Road to Baldwin Boulevard. Staples Street from Baldwin Boulevard to 6-Points recently received an overlay surface treatment, which will complete the Staples Street Upgrade. Project Scope: This project provides for reconstruction of Staples Street from Kostoryz Road to Brawner Parkway (approximately 1-mile)within existing right-of-way. Work include full-depth reconstruction of the 5-lane roadway with new sidewalks, ADA ramps, curb & gutter, traffic signal upgrades, RTA bus pads, area lighting upgrades, pavement markings and signage. Utility improvements include water, wastewater, gas, storm water and new IT conduit. The existing 5-lane section of Staples is 72.8' back of curb to back of curb with lane widths of 19.8', 10.7', 10.4', 10.4', and 21.5'. The new roadway will be 60' back of curb to back of curb with lane widths of 12.5', 11', 12', 11', and 12.5' respectively. The reduced pavement requires removing on-street parking fronting Ray High School, which was specifically discussed and accepted by Corpus Christi Independent School District and Ray High School staff. Parking on arterials is not recommended at any time. This pavement reduction reduces construction and future maintenance cost while providing improved traffic and pedestrian safety. The more balanced lane widths improve traffic management and safety. The narrower pavement allows wider buffered sidewalks 10' on the school side and 8' on the opposite side and further improves pedestrian safety with less pavement crossing. This section is not included in the Mobility Plan for bicycle facilities. The project was developed with two base bids plus one additive alternate as described below: Base Bid 1 — Portland Cement Concrete (PCC)with full reconstruction, traffic signal upgrades, lighting upgrades, utility improvements, pavement markings and signage. A new 6" natural gas line is included that will be installed by City crews. Base Bid 2 — Hot-Mix-Asphalt-Concrete (HMAC) with full reconstruction, RTA bus pads, traffic signal upgrades, lighting upgrades, utility improvements, pavement markings and signage. A new 6" natural gas line is included that will be installed by City crews. Additive Alternate No. 1 — Requires the contractor to install the new 6" HP gas line in lieu of City crews. On November 8, 2017, the City received five bids are as follows: Contractor Base Bid 1 Base Bid 2 (PCC) (HMAC) Reytec Construction Resources 10,715,524.30 No Bid Houston, Texas J. Carroll Weaver 12,148,227.56 10,514,815.07 Sinton, Texas Bay, LTD, 12,538,664.23 10,704,568.12 Corpus Christi, Texas Haas-Anderson Construction No Bid 11,172,042.70 Corpus Christi, Texas Clark Pipeline Services, No Bid 12,375,002.71 Corpus Christi, Texas Engineer's Opinion of Probable Cost $11,751,000 $10,271,000 Based on Engineering Services policy for award recommendations, the lowest responsive and responsible bidder is Reytec Construction Resources, Inc. for Base Bid 1 (PCC pavement). Engineering Services policy for award recommendations is to recommend PCC pavement if the PCC cost per lane mile is with $100,000/lane-mile of the HMAC bid. This project has approximately 4.8 lane- miles which equates to a $483,000 differential (higher price for PCC) over HMAC. The lowest HMAC bid is $200,709 below the lowest PCC bid, therefore Engineering Services recommends the award of Base Bid 1 only (PCC Pavement). ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Freese and Nichols is the design engineer that was selected for this project under Request for Qualifications No. 2012-03. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction and professional service contracts. Conforms to FY 2017-2018 Street Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Budget and Current Year Future Years TOTALS Expenditures Budget 1,124,912.69 12,509,473.92 13,634,386.61 Encumbered / 1,124,912.69 1,124,912.69 Expended Amount This item 10,715,524.30 10,715,524.30 Future Anticipated Expenditures This 1,708,984.61 1,708,984.61 Project BALANCE 1 0.00 84,965.01 84,965.01 Fund(s): Street and Utility CIP RECOMMENDATION: City staff and Freese and Nichols recommend award of a construction contract to Reytec Construction Resources, Inc. in the amount of $10,715,524.30 for Base Bid 1 (PCC) only for Staples Street from Kostoryz Road to Brawner Parkway project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Letter of Recommendation Presentation PROJECT BUDGET ESTIMATE Staples Street from Kostoryz Road to Brawner Parkway BOND 2012 Proposition 1 PROJECT FUNDS AVAILABLE: Street BOND 2012 Proposition 1........................................................................................................................ 7,123,564 StormWater CIP............................................................................................................................................. 3,705,826 WastewaterCIP.............................................................................................................................................. 1,038,675 WaterCIP...................................................................................................................................................... 1,338,745 GasCIP......................................................................................................................................................... 427,577 TOTAL FUNDS AVAILABLE............................................................................................................................ 13,634,387 FUNDS REQUIRED: Construction Fees: Construction(Reytec Construction Resources, Inc.)THIS ITEM.......................................................................... 10,715,524 Streets................................................................................................................................... 5,621,781 Utilities.................................................................................................................................. 5,093,743 StormWater...................................................................................................... 2,831,838 Water............................................................................................................... 1,060,982 Wastewater....................................................................................................... 812,217 Gas................................................................................................................ 388,706 Contingency(10%)........................................................................................................................................ 1,071,552 Construction Inspection and Testing Fees:........................................................................................................... 379,687 Construction Inspection .............................................................................................................. 272,687 Construction Phase-Materials Testing Services(estimate)(MSA Task Order Rock Engineering).............. 107,000 Design and Geotechnical Fees:.......................................................................................................................... 971,627 Engineering Design (Freese and Nichols)........................................................................................ 949,827 Streets................................................................................................................. 565,321 Utilities................................................................................................................ 384,506 StormWater..................................................................................... 256,351 Water.............................................................................................. 54,639 Wastewater...................................................................................... 53,346 Gas................................................................................................. 20,170 GeotechnicalTesting ................................................................................................................. 21,800 Reimbursement Fees and Miscellaneous:............................................................................................................ 411,031 Contract Administration(Eng. Svcs Admin/Finance/Capital Budget)..................................................... 136,344 Engineering Services(Project Mgt/Constr Mgt)............................................................................... 272,687 Misc. (Printing,Advertising,etc.).................................................................................................. 2,000 TOTAL......................................................................................................................................................... 13,549,422 ESTIMATED PROJECT BUDGET BALANCE...................................................................................................... 84,965 NUECES BAY 181 °F N C° SCALE: N.T.S. RR��OR SHIP CHANN CORPUS CHRISTI Qom LEOPARD O a z 44 9q Zp 40k/N 286 358Q MORGPNo� � PROJECT LOCATION CORPUS CHRISTI BAY (D 0Fo Q<v Q S�, o�o�� sAia 00, TEXAS A&M UNIVERSITY Off~ y0<<Y CORPUS CHRISTI O� Q 358 ZZ C Q� �SgRgrOcq��m Q'r� �RO�F o CABANISS69 i OSO BAY Q C FIELD � Q N Qv � �v Q� a° FLO �o 2 358 286 p`S'p Q� L 4 Q z JQ p�F C 0� O Y Q)O� 40 002 2444 wN LOCATION MAP NOT TO SCALE Project Number: E12095 Staples St CITY COUNCIL EXHIBIT Kostoryz Rd to Brawner CITY OF CORPUS CHRISTI,TEXAS Parkway DEPARTMENT OF ENGINEERING SERVICES Corpus Chr'sti Engineering South Staples Street Kostoryz Road to Brawner Parkway BOND 2012, Proposition 1 Council Presentation January 16, 2018 r Project Location Corpus CNr'stl Engineering CORPUS CHRISTI @ N SCALE:N.T.S. PROJECT LOCATION CORPUS CHRISTI BAY d $ °'e OSOreBAY cxreim 4 x�n �Hire ma �g� 9 c FLOUR BLUFF �^ 05 xan X10 2 Project Vicinity �r j Corpus Chr'sti Engineering SCALE:N.T.S. o� � Sega y STAPLES STREET a w„� LL g(aWCQ Qµ�y :u Project Scope i Engineering South Staples Street (Kostoryz Rd to Brawner Pkwy) includes: • Full depth roadway reconstruction of 4 travel lanes and a continuous center turn lane. • New curb &gutter,ADA ramps, pavement markings and signage. • Widened pedestrian sidewalks on both sides (cycle tracks not included because Staples St. is not designated as a route in the Bicycle Mobility Plan) • Traffic signal upgrades at Kostoryz Road,Texan Trail, and Carroll Lane • Utility upgrades for water,wastewater, storm water, and gas(by City crews) • Improved area lighting(illumination) • The Portland Cement Concrete(PCC)bid recommended based staff policy of recommending the PCC alternative if the bid is within$100,000 per lane mile of the HMAC bid (The bid differential is less than$42,000 per lane mile). �d Typical Cross Section 0F���� V Staples Street Kostoryz Road and Texan Trail `s Corpus CNrstl --- (at Ray High School) Engineering EXISTING 72.8' - BACK OF CURB TO BACK OF CURB MMMEMA SIDE GRASS SIDE WALK BUFFER WALK 9.5' 17.8' 10.7' 10.4' 10.4' 19.5' 12.6' 4' PROPOSED 60' - BACK OF CURB TO BACK OF CURB EMMMMERdiiiiii SIDE GRASS GRASS SIDE WALK BUFFER BUFFER WALK fflumENMEM 10' 4.5' 11' 11' 12° 11' 11' 13.5' 8' Typical Cross Section , �,��� p Staples Street UJI, %,ro, 'H Corpus Chr'sti Texan Trail to Brawner Parkway Engineering EXISTING 66' - BACK OF CURB TO BACK OF CURB SIDE GRASS GRASS SIDE WALK BUFFER BUFFER WALK 3.9' 3.9' 13.3' 11.5' 12' 12.9' 12.3' 6.2 4' PROPOSED 60' - BACK OF CURB TO BACK OF CURB SIDE GRASS GRASS SIDE WALK BUFFER BUFFER WALK 118 5' 8' 11' 11' 12' 11' 11' S' 8' (i Project Schedule 1 rte" J Corpus Chr'sti Engineering Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Bid & Construction Award Project Estimate:600 Calendar Days z 20 Months Projected Schedule reflects City Council construction contract award in January 2018 with anticipated construction completion in September 2019. i Staples Street Corpus CNrstl Engineering QUESTIONS? w=� d Staples Street Cross Sections yam.. Corpus Chr'sti Engineering PORTLAND CEMENT HOT MIX ASPHALT CONCRETE (PCC) CONCRETE (HMAC) PRIME COAT GEOGRID Y mlum uum numi�i��u)ouumuioji idnu tial ui ii�mud a Ili��u 800 N.Shoreline Blvd.,Suite :1.6001N m Corpus Christi,Texas 78401 m 361-561-6500 m fax 361-561-6501 to/vA/vA/f C Tl December 15, 2017 Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi,Texas 78469 Re: Staples Street—Kostoryz Road to Brawner Parkway(Bond 2012) City Project No. E12095 Mr. Edmonds: The City of Corpus Christi received five (5) sealed bid proposals for the above referenced project on November 8, 2017 at 2:00 p.m. at the City Secretary's office. The project bid included base bids for both concrete pavement (Base Bid 1) and Hot Mix Asphalt Concrete pavement (HMAC) (Base Bid 2). There is one additive alternate bid included in the project for gas line improvements. Attached are the bid tabulations of the five (5) bid proposals. We have received and reviewed the Statement of Experience of the three (3) lowest bidders and have found them to be satisfactory. All five bid proposals were properly executed and submitted in compliance with the bidding requirements for this project. We performed an analysis of the bids and found one minor mathematical error in the bid proposal submitted by Clark Pipeline Services. This error, however, did not affect the outcome of the low bid result. No other errors or irregularities were noted on the proposal forms. The bid breakdown for the five bidders is shown on the attached Tabulation of Bids, and are summarized below: Bidder Base Bid 1-Concrete Base Bid 2-HMAC Reytec Construction Resources, Inc. $10,715,524.30 NO BID J. Carroll Weaver $12,148,227.56 $10,514,815.07 Bay, Ltd. $12,538,664.23 $10,704,568.12 Haas-Anderson Construction NO BID $11,172,042.70 Clark Pipeline Services NO BID $12,375,002.71 One (1)Additive Alternate is included in the project for the reconstruction and replacement of approximately 5,045 LF of 4" and 6" high pressure gas lines. This alternate, however, is not required as the contract does include provisions for the gas lines to be replaced using City forces. The bid breakdown of Additive Alternate#1 for each of the five bidders are summarized on the following page: December 15, 2017 Page 2 of 2 Bidder Additive Alternate#1 Additive Alternate#1 (Base Bid 1) (Base Bid 2) Reytec Construction Resources, Inc. $1,067,770.00 NO BID J. Carroll Weaver $1,084,977.47 $1,084,977.47 Bay, Ltd. $799,084.00 $799,084.00 Haas-Anderson Construction NO BID $1,072,431.00 Clark Pipeline Services NO BID $969,564.39 Reytec Construction Resources, Inc. is the apparent low bidder for the project based on Total Base Bid 1 (Concrete)with or without Additive Alternate#1. J. Carroll Weaver is the apparent low bidder for the project based on Total Base Bid 2 (HMAC) and Bay, Ltd. is the apparent low bidder for the project based on Total Base Bid 2 (HMAC) plus Additive Alternate#1. Both Concrete and HMAC base bid amounts are within the City's construction budget. Based on the City's evaluation criteria for lane-mile cost, Base Bid 1 (Concrete)would be considered the more cost-effective alternative. There are approximately 5 lane-miles of total pavement surface on this project. The concrete pavement bid is within the$100,000 per lane-mile cost of the HMAC pavement bids. The total base bid amount for concrete pavement is approximately 1.9% higher than the total base bid amount for asphalt (HMAC) pavement. Based on the City's evaluation criteria, Reytec Construction Resources, Inc. is the lowest qualified Bidder either with or without awarding Additive Alternate#1. Based on the bids received, it is recommended that the City not award Additive Alternate#1 as the contract includes provisions for the gas lines to be replaced using City forces. Therefore, FNI recommends that the City award the construction contract for Staples Street—Kostoryz Road to Brawner Parkway (City Project No. E12095)to Reytec Construction Resources, Inc.of Houston, Texas in the amount of$10,715,524.30 for Base Bid 1 (Concrete). If you have any questions regarding this matter, please feel free to contact us. Sincerely, FREESE AND NICHOLS, INC. Nick Cecava, P.E., CFM Attachments: Tabulation of Bids—(Base Bid 1)—Concrete Tabulation of Bids—(Base Bid 2)—HMAC SC o� � v AGENDA MEMORANDUM NORPORp�EO Future Item for the City Council Meeting of January 16, 2018 1852 Action Item for the City Council Meeting of January 23, 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: 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 Amendment Allison Wastewater Treatment Plant Lift Station and Plant Improvements (Capital Improvement Program) CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 2 to a professional services contract with Urban Engineering, of Corpus Christi, Texas in the amount of $618,902, for a total restated fee of $912,522, for Allison Wastewater Treatment Plant (WWTP) Lift Station and Plant Improvements 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 amendment for engineering and design improvements at the Allison WWTP. BACKGROUND AND FINDINGS: This project is part of major recapitalization for the Allison WWTP to improve Texas Commission on Environmental Quality (TCEQ) permit compliance and operating efficiencies. This item incorporates the Allison Plant Process Upgrade and Replacement project (E10045) with the ongoing Allison WWTP Lift Station and Plant Improvements project (E10043) to maximize cost efficiencies and minimize construction impacts through a single construction project. The project design and construction schedule was accelerated due to recurring problems with maintaining aging systems and equipment. CIP Description: Allison WWTP Lift Station and Plant Improvements (E10043) The Allison WWTP is in process of undergoing repairs and enhancements to extend major systems and service life of the plant. Recently completed work included repairs/replacement of existing headworks and grit removal equipment. This project provides for design and construction of lift station pumps and piping replacement, new electrical control room, new emergency generator, disinfection equipment replacement, clarifier telescopic valve replacement, new dewatering drain line, east aeration discharge piping modifications, and pre- and post-thickener scum baffle replacement. Allison Plant Process Upgrade and Replacement (E10045) This project provides critical upgrades and replacement of deteriorated equipment and systems at the Allison WWTP to avoid impending failures. This is a comprehensive project to address the major systems at the plant to extend these systems and operations until the next major lifecycle replacement/upgrade. The scope includes the dry pit/wet pit lift station, east and west aeration basins, two final clarifiers, automatic backwash filter, chlorine contact chamber and disinfection system, effluent reuse transfer pump station, aerobic digester, belt press building, blower building and other miscellaneous items. Allison WWTP Background: The Allison WWTP service basin extends from approximately Clarkwood Road to the western limits of the City that includes Calallen. The Allison WWTP was constructed in 1966 and upgraded in 1984. Plant headworks were modified and rehabilitated in 2013. Rated capacity of the plant is 5 million gallons per day (MGD) average daily flow, with current average daily flows of 2.89 MGD. An average of 210,000 gallons per month of plant effluent is used by Coastal Bend Veteran's Cemetery for irrigation. Due to age and poor conditions, the plant continually experiences problems with meeting operational and permit requirements. Planned upgrades are critical to address ongoing safety concerns and operational problems. The Stantec report dated March 12, 2016, indicated the condition as "Poor" and the plant has continued to deteriorate. Project Scope: This item provides for engineering phase services for critical upgrades of all major systems at the plant. Scope of upgrades includes condition assessment, preliminary engineering, and design services for the plant's lift station, aeration basins, clarifier, backwash system, chlorine disinfection system, aerobic digester, thickener, belt press and building, and effluent pumping system. Additionally, the engineer's effort includes nitrification and pollutant evaluation of plant sources to determine effects at the plant as well as any pretreatment alternatives that may be available to minimize impacts to plant treatment and costs. The plant currently experiences periodic high levels of nitrification that directly adversely impact the treatment process and result in discharge permit violations. The plant receives sewage from residential, institutional, commercial and industrial establishments with typical household waste liquid from toilets, baths, showers, kitchens, and sinks draining into sewers. Allison WWTP also receives sewage (industrial effluent) from commercial and industrial establishments that may receive pretreatment within the industrial complex to reduce pollutant load, before discharge to City sewer system. The following summarizes engineering tasks: • Perform nitrification and pollutant analyses by examining chemical analysis data from influent and effluent streams • Evaluate existing treatment processes and permit requirements to develop alternate treatment improvements and plant optimization strategies • Conduct field investigations, assessments, and meet with plant staff to prepare Preliminary Engineering Letter Report • Participate in on-site workshops to evaluate existing operating strategies and alternatives to optimize treatment process, maintenance, and operating costs • Prepare Preliminary Engineering Letter Report detailing recommended improvements and cost estimates • Prepare detailed construction documents for structural, electrical, mechanical, operational, and miscellaneous improvements • Conduct design review workshops • Provide construction administration and technical support • Identify and short-term improvements to enhance TCEQ permit compliance • Prepare and submit to city final As-Built drawings ALTERNATIVES: 1. Authorize execution of professional services contract. (Recommended) 2. Do not authorize execution of professional services contract. (Not Recommended) OTHER CONSIDERATIONS: Urban was selected for this project through Request for Qualifications No. 2014-08 Bond 2014 Proposition 2 Transportation, Parks, and Capital Improvement Projects. 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 293,600 4,750,400 5,956,000 11,000,000 Encumbered / Expended Amount 293,600 293,600 This Item 618,902 618,902 Future Anticipated Expenditures 4,131,498 5,760,452 9,891,950 BALANCE 0 0 195,548 195,548 Fund: Wastewater CIP No. 06 Comments: N/A RECOMMENDATION: City Staff recommends approval of Amendment No. 2 to a professional services contract with Urban Engineering, of Corpus Christi, Texas in the amount of $618,902, for a total restated fee of $912,522, for Allison Wastewater Treatment Plant (WWTP) Lift Station and Plant Improvements for design, bid, and construction phase services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Contract PROJECT BUDGET ESTIMATE ALLISON WASTEWATER TREATMENT PLANT LIFT STATION AND PLANT IMPROVEMENTS FUNDS AVAILABLE: Wastewater CIP..................................................................................................... $ 11,0001000 TOTAL FUNDS AVAILABLE.................................................................................... $ 11,000,000 FUNDS REQUIRED: Construction and Contingency Estimate:..................................................................... $ 91257,050 Construction Estimate............................................................................ 8,415,500 Contingency 10%................................................................................. 841,550 Construction Inspection and Testing Estimate:.............................................................. 427,000 Construction Inspection Estimate............................................................. 317,000 Testing Estimate................................................................................... 110,000 Design:................................................................................................................. 618,902 *Original (Urban Engineering).................................................................. 244,020 Amendment No. 1 (Urban Engineering)..................................................... 49,600 Amendment No. 2 (Urban Engineering) THIS ITEM................................... 618,902 Reimbursements:................................................................................................... 501,500 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance)...... 200,000 Engineering Services (Project Mgmt/Constr Mgmt)...................................... 300,000 Misc................................................................................................... 1,500 TOTAL................................................................................................................. $ 10,804,452 ESTIMATED PROJECT BUDGET BALANCE.............................................................. $ 195,548 *Contract approved by City Council on December 16, 2014 by Motion No. M2014-174 Odem L4-/ t 1 V SCALE: N.T.S. Doyle ortland NUECES RI PROJECT LOCATION Y ANNAVILLE 7 H co'PRip J U' SHIP CORPUS CHRISTI a LEOPARD O a' N 44z CORPUS CHRISTI 0W 258 INTERNA A RPORT¶O 358 S OROS O Z a 4F%v N T a N CORPUS CHRISTI BAY TEXAS A&M UNIVER CORPUS STY CORPU O� yOkY CS CHRISTI Q 355 Z .f0 t0 MONO FIELD ss Z OSO BAY Q CABA 885 43 0 �o FLO 355 258 P :I �O m 2444 LOCATION MAP NOT TO SCALE Project Number: E10043 Allison Wastewater Treatment Plant CITY COUNCIL EXHIBIT Lift Station and Plant Improvements CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES Engineering Allison Wastewater Treatment Plant Lift Station and Plant Improvements Council Presentation January 16, 2018 Project Location Engineering Nyle N SCALE:N.T.S. NUECES MY PNNAVILLE ALLISON WASTEWATER 3 TREATMENT PLANT LIFT STATION AND PLANT IMPROVEMENTS 1 OWN nnI \\\\\\WI 4 CORPUS CHRISTI f' 69 W ro�s c mo 9AY aL� Allison WWTP Service Basin Coao9pus CII st Erugime:ering I � \� ALLISON WWTP 71�\ — F ROFTowe —r a :u Project Vicinity rugineermng N�eCes River scnCC:N.r.s. ALLISON WASTEWATER TREATMENT PLANT LIFT STATION AND PLANT IMPROVEMENTS �Il Vie' D �d Project Scope , Engineering Amends Allison Wastewater Treatment Plant Lift Station and Plant Improvements(E10043) engineering contract to include critical upgrades in Allison Plant Process Upgrade and Replacement(E10045). A summary of major work activities include: • Field investigations and assessments • Perform nitrification and pollutants analysis and impacts to plant treatment processes, operating costs and permit requirements • Participate in on-site workshops to evaluate existing operating strategies and alternatives to optimize treatment process, maintenance, and operating costs • Prepare Preliminary Engineering Letter Report with detailed recommendations and cost estimates • Prepare detailed construction documents • Conduct design review workshops • Provide construction administration and technical support • Identify and short-term improvements to enhance TCEQ permit compliance Project Schedule � Capp C1,si'�r9pineering 20181 Jan Feb Mar Apr Ma Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr Ma Jun Jul Aug Sep Oct Nov Dec Bid & IN Award Project Estimate: 720 Calendar Days = 24 Months Projected Schedule reflects City Council award in January 2018 with anticipated completion by December 2019. 6 i corppscl Engine; rmr�g Questions? N i Photos +._✓ i—pps 11, "1 rugineermng �c RUN sq inu CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES AMENDMENT NO. 2 The City of Corpus Christi, Texas, a Texas home-rule municipal corporation ("City") and Urban Engineering ("Consultant"), agree to the following amendments to the Contract for Professional Services for Allison Wastewater Treatment Plant Lift Station and Plant Improvements (Project No. E10043 Original Contract December 16, 2014 Motion No. M2014-174 $244,020 Amendment No. 1 January 4, 2016 Administrative Approval $49,600 In the Original Contract, Exhibit A, Section I. Scope of Services shall be amended as set forth in the attached Amendment No.2, Exhibit A. In the Original Contract, Section Ili. Fees shall be amended based on the modified scope of services in the attached Amendment No. 2, Exhibit A for a fee not to exceed $618,902, for a total restated fee not to exceed $912,522. All other terms and conditions of the December 16, 2014 Contract for Professional Services between the City and Consultant, and of any amendments to that contract,which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI URBAN ENGINEERING 12 V /17 Jeff H. Edmonds, P.E. Date James L. Urban, P.E. Date Director of Engineering Services Principal 2725 Swantner Corpu's Christi, TX 78404 APPROVED AS TO LEGAL FORM (361) 854-3101 Office (361) 854-6001 Fax jimu@urbaneng.com Assistant City Attorney Date ATTEST City Secretary Date Accounting Unit 4254-064 Account 550950 Activity E10043-01-4254-EXP Account Category 50950 Fund Name Wastewater 2015 K NENGINEERING DATAEXCHANGEIJENNIFERIWASTEWATERIE10D43 ALLISON WWTP LIFT STATION&PLANT IMPROVEMENTSNAMENDMENT NO.MONTRACTICONTRACT-ALLISON W WTP.DOC REV.1011115 EXHIBIT A CITY OF CORPUS CHRISTI, TEXAS ALLISON WASTEWATER TREATMENT PLANT LIFT STATION AND PLANT IMPROVEMENTS AMENDMENT NO. 2 PROJECT NO. E10043 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer-A/E (also referred to as Consultant) will: a) Prepare PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. C) Request available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. d) Coordinate with the City's Project Manager and identify operating departments potential project needs. e) Prepare preliminary opinions of probable construction costs for the recommended improvements. f) Prepare an Engineering Letter Report(20—25 page main-body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF). Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Provide anticipated index of drawings and specifications. g) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. h) Conduct Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report as scheduled by City Project Manager. i) Assimilate all City review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. City staff will provide one set only of the following information (as applicable): a) Electronic index and database of City's record drawing and record information. b) Requested record drawings, record information in electronic format as available from City Engineering files. C) The preliminary budget, specifying the funds available for construction. d) A copy of existing studies and plans. (as available from City Engineering files). EXHIBIT A Page 1 of 6 Revised November 26,2013 e) Field location of existing city utilities. (A/E to coordinate with City Operating Department) f) Applicable Master Plans and GIS mapping are available on the City's website. g) City Control survey Bench marks and coordinates. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and on/Y for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the lift stations. Include standard City of Corpus Christi detail sheets as appropriate. b) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". C) Furnish one (1) set of the interim plans (60% submittal - electronic and hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary, project checklist& drawing checklist"which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. d) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. e) Provide one (1) set of the pre-final plans and bid documents (100% submittal - electronic and hard copy using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. Plan execution summary, project checklist and plan checklist. f) Hold Project 100% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants as appropriate and, upon Notice to Proceed. g) Assimilate all final review comments Upon approval by the Executive Director of Public Works, provide one (1) set of the final plans and contract documents (electronic and full-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. h) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre-final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision EXHIBIT A Page 2 of 6 Revised November 26,2013 and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City- provided review comments or provided submittals in accordance with City standards.. i) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. See Exhibit "A-2" for required form. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide electronic copy the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Prepare draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. C) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids. g) Prepare Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. EXHIBIT A Page 3 of 6 Revised November 26,2013 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) Review Contractor-provided construction "red-line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Executive Director of Public Works. A/E may not begin work on any services under this section without specific written authorization by the Executive Director of Public Works. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Executive Director of Public Works as required. The A/E shall, with written authorization by the Executive Director of Public Works, perform the following: 1. Topographic Survey\Field Investigation. Provide field surveys and investigations, as required for design including the necessary control points, coordinates and elevations of points. EXHIBIT A Page 4 of 6 Revised November 26,2013 2. Start-up Services. Provide on-site services and verification for all start-up procedures during actual start-up of major Project components, systems, and related appurtenances and provide commissioning assistance for and acceptance of the electrical system. 3. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one- year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City 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. 4. Nitrogen/Process Preliminary Design. Provide analysis for nitrogen removal as described in Exhibit A-1 5. Surcharge Rate Analysis. Provide rate analysis as described in Exhibit A-1 6. Electrical and Instrumentation Standards and Documentation. Provide additional engineering services for the various tasks as described in the Additional Services item of Exhibit A-1. 7. Blower Economic Evaluation. Provide an economic evaluation comparing multistage centrifugal blowers and high efficiency turbo blowers for use at the plant. Evaluate and prepare a 20 year life cycle cost comparing multistage centrifugal representative (existing configuration) to high efficiency turbo blower technology for the process upgrade alternatives developed to meet the current 12 mg/L and the anticipated future 3 mg/L limit for Ammonia Nitrogen. Provide evaluation findings in a technical memorandum. Provide the services above authorized in addition to those items shown on Exhibit"A-1"Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". II. SCHEDULE Date Activit February 2,2018 Draft ELR Submittal February 12, 2018 City Draft ELR Review February 23, 2018 Draft Nitrogen Prel Submittal March 12, 2018 City Draft Nitrogen Prel Review March 16, 2018 Final ELR Submittal March 30, 2018 Draft Surcharge Rate Analysis March 30, 2018 Final Nitrogen Prel Submittal May 4, 2018 60% Design Submittal May 17, 2018 City Review July 30, 2018 100%Design Submittal August 13,2018 City Review August 27,2018 Final Submittal September 3, 2018 Advertise for Bids September 18, 2018 Pre-Bid Conference October 3, 2018 Receive Bids October 30, 2018 Contract Award November 29, 2018 Begin Construction November 29, 2019 Complete Construction EXHIBIT A Page 5 of 6 Revised November 26,2013 III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Executive Director of Public Works under Section I.B. "Additional Services," the City will pay the A/E a not-to-exceed fee as per the table below: Summary of Fees Original Amendment Amendment Contract No. 1 No. 2 TOTAL Fee for Basic Services 1. Preliminary Phase $35,000.00 $7,500.00 $60,540.00 $103,040.00 2. Design Phase 150,000.00 32,100.00 265,540.00 447,640.00 3. Bid Phase 8,600.00 1,800.00 14,962.00 25,362.00 4. Construction Phase 38,300.00 8,200.00 68,158.00 114,658.00 Subtotal Basic Services Fees 231,900.00 49,600.00 409,200.00 690,700.00 Fee for Additional Services Allowance 1. Permit Preparation (as applicable) 0.00 0.00 0.00 0.00 2. ROW Acquisition Survey 0.00 0.00 0.00 0.00 3. Topographic Survey\Field 0.00 Investigation 0.00 18,400.00 18,400.00 4. Construction Observation Services 0.00 0.00 0.00 0.00 5. Start-up Services 8,000.00 0.00 7,900.00 15,900.00 6. Warranty Phase 4,120.00 0.00 3,200.00 7,320.00 7. Nitrification/Process Prel. Design 0.00 0.00 56,465.00 56,465.00 8. Surcharge Rate Analysis 0.00 0.00 76,130.00 76,130.00 9. Elect. & Instru. Standards & Doc 0.00 0.00 37,107.00 37,107.00 10. Blower Economic Evaluation 0.00 0.00 10,500.00 10,500.00 Sub-Total Additional Services 12,120.00 0.00 209,702.00 221,822.00 Total Authorized Fee $244,020.00 $49,600.00 $618,902.00 $912,522.00 Council Appvl Admin 12/16/14 1 Approval *Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. EXHIBIT A Page 6 of 6 Revised November 26,2013 EXHIBIT A-1 CITY OF CORPUS CHRISTI, TEXAS ALLISON WASTEWATER TREATMENT PLANT LIFT STATION AND PLANT IMPROVEMENTS AMENDMENT NO. 2 PROJECT NO. E10043 TASK LIST 1. Develop and submit a draft and then final Engineering Letter Report detailing the proposed improvements. 2. Nitrification Process Preliminary Design: See Exhibit "A-1" Attachment 'A' at the end of this section. 3. Pollutant Surcharge Rate Analysis: See Exhibit "A-1"Attachment 'B' at the end of this section. 4. Develop design plans, in combination with Project #E10043 (one set of plans and specifications for both projects) to the City's format and specification documents incorporating all issues with relevant solutions and identifying to the best of the Engineer's knowledge all potential conflicts and offer solutions. 5. Design the conversion of the existing dry pit/wet pit lift station to a submersible lift station, to include removing the existing building and modifying the existing wet well for submersible pump installation. Also includes cleaning out and provide repairs to the existing wet well, providing one spare pump (not installed), removal of existing motor control centers and providing new motor control centers in a climate control Electrical Control Room. 6. Design improvements to the West Aeration Basins to include replacement of valves, pivot gates, WAS airlift pump, scum trough, stairs and discharge weirs and to convert the basin from coarse bubble to fine bubble aeration. 7. Design improvements to the East Aeration Basins to include replacement of slide gates, WAS scum trough, stairs, discharge weirs and to convert the basin from coarse bubble to fine bubble aeration. 8. Design improvements to the two Final Clarifiers to include complete replacement of clarifier equipment, fiberglass weirs and RAS pump control panel and minor repairs to the metal troughs and access stairs and providing one spare drive as a backup. 9. Design improvements to the Clarifier Scum Pump Station to include replacement of corroded discharge pipes and pump bases. 10. Design improvements to the Automatic Backwash Filter to include replacement with the latest technology for filtering treated effluent. EXHIBIT A-1 Page 1 of 6 11. Design improvements to the Chlorine Contact Chamber and Disinfection System to include new chamber drain system, replacement of chemical tanks and refurbishment of existing control panel shelters. 12. Design miscellaneous minor improvements to the Effluent Reuse Transfer Pump Station and control panels 13. Design improvements to the Aerobic Digester to include the draining and cleaning of the basins and refurbishment of the aeration system. 14. Design improvements to the Thickeners to include replacement of both drive units, repairs to piping and replacement of WAS flow meter. 15. Design improvements to the Belt Press Building to include refurbishment of the two existing belt presses, polymer system and building exterior and replacement of belt press wash water pumps. 16. Design improvements for the refurbishment of the Sludge Drying Beds 17. Design improvements for the refurbishment of the Blower Building structure and replacement of motor control centers. 18. Electrical design improvements to provide a new diesel-powered backup electrical generator for the new motor control centers in the new Plant Lift Station Electrical Control Room and a new diesel-powered backup electrical generator for the new motor control centers in the existing Blower Building. 19. Electrical design improvements for replacement of various failed components (such as run time meters) and to replace/refurbish the existing area lights and task lighting system. 20. Design miscellaneous improvements to include replacement or repairs of buried drain valves, installation of new flow meters, new maintenance building and site grading and sidewalk improvements. EXHIBIT A-1 Page 2 of 6 Additional Services: The following is a description of tasks to be performed under Additional Service No. 9 (as listed in Exhibit A and in the Summary Of Fees). 9. Electrical and Instrumentation Standards and Documentation. 1) Wastewater Standard Electrical Details: Provide engineering services to develop and provide standard electrical systems installation details and specifications specific for wastewater environments and hazardous environments. 2) Power Distribution System Modeling: Provide engineering services to coordinate with the Contractor's vendor the development of the electrical distribution system modeling at the plant using SKM software. The SKM software will be used to provide detailed modeling and analysis of the normal and standby power distribution system. and to develop relay settings, coordination curves, fault current calculations, load flow, and arc flash information for this project. 3) Develop Functional Specification and Control Sequence: Provide engineering services for soliciting from the Utilities Department and confirming the User Requirement Specifications (URS) to define the control system requirements. This includes determining and specifying all configuration parameters, set points, and alarm levels required for the system integrator to achieve correct and optimal operation of the generators at the pump station. Provide engineering services for developing the Detailed Functional Specification (DFS) of the control system. The DFS is based on the URS and is part of developing the Sequence of Operations (SOO). Provide engineering services for developing the SOO of the control system. The SOO is based on the DFS and is intended to assist the Wastewater Department in refining the control system strategy. Upon successful start-up and commissioning, update Detailed Functional Specification and Sequence of Operation, if required, and submit to Owner with Record Drawing documentation. 4) Site Acceptance Testing and Documentation: Provide engineering services required to develop a phased system acceptance plan, testing scenarios, acceptance checklists and sign-off documentation, installation and cutover sequence, and other quality control and acceptance documentation defined in the design phase. 5) Closeout Documentation Services: Provide engineering services required to provide standard as-built documentation, which will include one-lines, electrical plan drawings, network architecture, instrument location plans, detailed instrument loop sheets, instrument specification sheets. EXHIBIT A-1 Page 3 of 6 EXHIBIT A-1 ATTACHMENT A ALLISON WWTP NITRIFICATION PROCESS PRELIMINARY DESIGN FOR ALLISON WWTP PROCESS UPGRADE & REPLACEMENT Project No. E10045 Due to loadings to the Allison WWTP from a meat packing plant and resulting issues with plant operations and meeting TCEQ ammonia nitrogen limits a analysis will be performed to develop alternatives for a solution to this issue. With technical assistance from the sub-consultant of Freese and Nichols (FNI) the analysis will be developed to identify alternatives to improve nitrification compliance at the plant. The project deliverable will be a technical memorandum to the City with alternatives and proposed solution. PROJECT BACKGROUND A. The Allison Wastewater Treatment Plant (AWWTP) was designed in 1983 for an average daily design flow of 5 MGD with effluent parameters of BOD 20 mg/I and TSS 20 mg/I. B. The current TCEQ discharge permit limits are BOD 20 mg/I, TSS 20 mg/I and Ammonia Nitrogen (NH3-N) of 12 mg/I. AWWTP has two permitted effluent outfalls. The first is for the plant itself and has a current NH3-N limit of 12 mg/I and the second is the demonstration project across the river with a current limit of 3 mg/I. There have been periodic NH3-N permit excursions reported. The City no longer discharges to the second outfall because of the inability to comply with the NH3-N limit. C. A meat packing plant located in Corpus Christi, is a significant industrial wastewater discharger in the AWWTP basin. It is believed that this facility, which appears to have limited pretreatment, is a major contributor to the loading at the AWWTP and the NH3-N loading in particular. Flow/loading from the industry includes both meat processing wastes as well as chemicals for treating cowhides and for wash-down. All of this industry's waste discharge at a proximate lift station. The waste stream can be isolated and has daily composite testing results that should be available. STUDY ASSUMPTIONS: A. Future flows to be used for the AWWTP basin are as projected in the 2015 City of Corpus Christi Wastewater Planning Report by Stantec. B. The City has an approved Industrial Pretreatment Program which will reviewed for a possible basis for mitigating the organic and NH3-N loading to the AWWTP. C. NH3-N concentration limit has the possibility to be lowered from 12 mg/I to 3 mg/I at some point in the future. EXHIBIT A-1 Page 4 of 6 PROJECT SCOPE A. Workshop and Meetings: Urban Engineering (UE) shall coordinate meetings with the City staff and UE and FNI shall both attend. 1. Workshop with UE and City, to include AWWTP operations personnel, Wastewater Department leadership, and either separately or jointly with the meat processing facility representative and with City staff related to pretreatment alternatives. 2. Meet with City to review Draft Nitrification Technical Memorandum. 3. Meet with City to review Final Nitrification Technical Memorandum. B. Site Visits 1. Schedule and conduct two site visits, one each to the AWWTP and the meat processing facility. C. Analysis 1. Obtain and review past operations and testing data for the AWWTP and Clarkwood North Lift Station. City to provide data and FNI to analyze. 2. Develop up to four alternatives for meeting current and future loadings and permit limits. It is anticipated that the alternatives will comprise combinations of options which may include: a. Additional pretreatment at the industry b. No additional pretreatment at the industry c. Use of new basins to achieve nitrification d. Use of existing basins with added media or membranes to achieve nitrification 3. Alternative development may involve process computer modeling as deemed appropriate based on data review (a separate line item is provided and will only be invoiced if used). 4. Alternatives will be submitted to City for review and approval. 5. Develop conceptual design and budget level costs estimate of proposed solutions and provide in a draft Technical Memorandum. 6. Meet with City staff to review and discuss the draft Technical Memorandum. 7. Address comments and questions provided by the City staff and submit a final Technical Memorandum. EXHIBIT A-1 Page 5 of 6 EXHIBIT A-1 ATTACHMENT B ALLISON WWTP POLLUTANT SURCHARGE RATE ANALYSIS FOR ALLISON WWTP LIFT STATION AND PLANT IMPROVEMENTS Project No. E10043 Due to loadings to the Allison WWTP (AWWTP) from a meat packing plant and resulting issues with plant operations and meeting TCEQ ammonia nitrogen limits a pollutant surcharge rate analysis will be performed to develop new surcharge rates for conventional pollutants (BOD, TSS and TKN). Technical assistance will be provided from sub- consultant Freese and Nichols (FNI). The project deliverable will be a technical memorandum to the City on the surcharge rate analysis. PROJECT SCOPE A. Pollutant Surcharge Rate Analysis 1. Obtain and review historical data required for the development of surcharge rates such as Industrial Users (IUs) permits and monitoring reports; Operation and Maintenance (O&M) costs of the A WWTP for the last five years; available insurance assessed value of assets or cost information of the construction of the AWWTP, including improvements; number of employees associated with the AWWTP and collection operation; sewer rates, etc. City to provide data. 2. Develop new surcharge rate evaluation criteria and methodology. 3. Calculate new surcharge rates for the following conventional pollutants: Biochemical Oxygen Demand (BOD), Total Suspended Solids (TSS), and Total Kjeldahl Nitrogen (TKN). TKN will be used instead of Ammonia-Nitrogen since it is a true measure of the actual Ammonia-Nitrogen in the influent to the plant. The new surcharge rates for the pollutants shall be representative of the actual cost of treatment incurred by the City at the AWWTP. 4. Determine a maximum allowable concentration for BOD, TSS, and TKN in discharges from IUs in order to protect the AWWTP from slug loads. Incorporate the maximum discharge concentration into the new surcharge rate calculation. 5. Prepare a technical memorandum on the surcharge rate analysis with the list of recommended parameters; a description of the surcharge evaluation criteria; surcharge rate methodology; development of new surcharge rates; and maximum allowable discharge concentration for the surcharge pollutants. 6. Address comments and questions provided by the City staff and submit a final Technical Memorandum. B. City Ordinance Update Assist with the update of"Chapter 55 - Utilities, Article XI. - Commercial and Industrial Waste Disposal and Pretreatment" of the City of Corpus Christi City Ordinance to incorporate the new surcharge rates and other changes related to its implementation. EXHIBIT A-1 Page 6 of 6 SUPPLIER NUMBER TO BE ASSIGNED BY CITE PURCHASING DIVISION City of CITY OF CORPUS CHRISTI CorpLis 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: Urban Engineering P.O.BOX: STREET ADDRESS: 2725 Swantner Street CITY: Corpus Christi ZIP: 78404 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 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: James L. Urban, P. E. Title: Principal-In-Charge (Type or Print) Signature of Certifyingr Date: Person: December 20,2017 -�-- d— DEFINITIONS a. "Board member.'.:' 7A 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. CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos.I-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. 2016.3845 Urban Engineering 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 01/19/2016 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 goods or services to be provided under the contract. E10045 Engineering services for design and construction administration of improvements to Allison W\IVTP. 4 Nature of interest(check applicable) Name of Interested Party City,State,Country(place of business) Controlling Intermediary Urban Engineering Corpus Christi ,TX United States X 5 Check only it there is NO Interested Party. El 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. XAVIER GAI-VAN MY COMMISSION EXPIRES VW; V February 1,2017 �ignature of authorized agent of contracting business entity AFFIX NOTARY STAMP I SEAL ABOVE Sworn to and subscribed before me,by the said 35A+Mes t.. u6>'A this the iqA" day of 20 to certify which,witness my hand and seal of office, ( 111-at f o icer a nniniste ng oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34032 SC 00 � U AGENDA MEMORANDUM coRPo I Future Item for the City Council Meeting of January 16, 2018 1852 Action Item for the City Council Meeting of January 23, 2018 DATE: December 21, 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 Utilities dang@cctexas.com (361) 826-1718 Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Construction Contract La Voila Creek Drainage Channel Excavation, Phase 1 Capital Improvement Program (CIP) CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Haas Anderson Construction of Corpus Christi, Texas in the amount of $1,256,389 for La Volla Creek Drainage Channel Excavation, Phase 1 project (Capital Improvement Program). PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract with the lowest responsible bidder, Haas Anderson Construction of Corpus Christi, Texas for La Volla Creek Drainage Channel Excavation, Phase 1 project. BACKGROUND AND FINDINGS: La Volla Creek is one of the major drainage systems for west side Corpus Christi with approximately 19,534 acres (30.5 square miles) contributing to this creek and ultimately outfalls into Oso Creek. During major storm events, flooding is experienced along La Volla Creek particularly in Las Colonias Subdivision and Greenwood Wastewater Treatment Plant. This project was developed in two (2) phases with Phase 1 limits extending south of the Saratoga Bridge approximately 0.48 miles. Phase 2 is a future project with the limits between the southern end of Phase 1 and outfall of La Volla Creek into Oso Creek (approximately 0.54 miles). This project provides for only Phase 1 construction. CIP DESCRIPTION: La Volla Creek is a natural drainage way that drains into Oso Creek. Several tributaries of La Volla Creek are affected by backwater from La Volla Creek during heavy storms. To mitigate flooding risks in La Volla Creek tributaries and to complete revision requests to FEMA's preliminary FIRMs, this project provides the following tasks: • Establish new hydraulic model for La Volla Creek and tributaries, and if warranted, file FIRM revision requests to FEMA; • Prioritize major ditch improvement projects within La Volla Creek tributaries based on hydraulic modeling results; • Prepare design documents and multiple delivery orders (DO's) —"work orders" to contractors. PROJECT SCOPE: This project clears vegetation and excavates the channel, increasing capacity and lowering surface water elevation of La Volla Creek during storm events. Work includes excavation of approximately 170,000 CY in the overbanks area of La Volla Creek channel, clearing trash and debris out of channel bottom, grading a small ravine and construction of an outfall structure, with options for placement of excess clean material. The bottom of La Volla Creek will not be modified and existing wetlands areas will be avoided. Work requires coordination with United States Army Corps of Engineers (USACE) during design and construction. On November 15, 2017, the City received nine (9) bids as follows: Contractor Base Bid Haas Anderson Construction Corpus Christi, Texas $1,256,389.00 Welch Excavation and Utility Company W 1,326,137.30 inona, Texas Heavy Roadway Construction Services, LLC. 1,389,005.56 Cedar Park, Texas Bilberry Construction, LLC. 1,485,734.70 Houston, Texas Burnside Services, Inc. 1,495,170.00 Navasota, Texas Longhorn Excavation, Inc. 1,794,609.00 Richmond, Texas CPC Interests, LLC. dba Clark Pipeline Services 1,858,164.30 Corpus Christi, Texas Berry Contracting, LP dba Bay, Ltd. Corpus Christi, Texas 2,016,524.00 Jimmy Evans Company Austin, Texas 3,379,800.00 Engineer's Opinion of Probable Cost $1,632,000.00 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; §2, Article 10 of the City Charter regarding contracts EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Utilities FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable. Project to Date Fiscal Year Budget and Current Year Future Years TOTALS 2017-2018 Expenditures Budget $1,944,672 $1,944,672 Encumbered / Expended Amount 370,346 370,346 This item 1,256,389 1,256,389 Future Anticipated Expenditures This Project 317,937 317,937 BALANCE 01 0 Fund(s): Storm Water CIP #2 Comments: This contract will result in an expenditure not to exceed $1,256,389. RECOMMENDATION: City staff and Urban Engineering recommend a construction contract be awarded to the lowest responsive and responsible bidder, Haas Anderson Construction, in the amount of $1,256,389 for La Volla Creek Drainage Channel Excavation, Phase 1 project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Letter of Recommendation PROJECT BUDGET ESTIMATE La Voila Creek Channel Excavation, Phase 1 PROJECT FUNDS AVAILABLE: Storm Water Capital Improvement Budget............................................................................. 1,944,672 TOTAL FUNDS AVAILABLE................................................................................................ 1,944,672 FUNDS REQUIRED: Construction:..................................................................................................................... 1,382,028 Construction (Haas Anderson Construction) THIS ITEM............................. 1,256,389 Contingency (10%).................................................................................. 125,639 Inspection and Testing Fees:................................................................................................ 95,418 Construction Inspection (Estimate) 67,418 Construction Materials Testing (TBD) 28,000 Design and Regulatory Fees:............................................................................................... 370,346 Preliminary Design (Urban Engineering)....................................................... 138,000 Design (Urban Engineering)...................................................................... 204,846 Regulatory Compliance -Wetlands (Beiaire Environmental Services) 27,500 Contract Management, Reimbursements and Miscellaneous:...................................................... 96,880 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget).................. 38,380 Engineering Services (Project Mgt)............................................................. 57,500 Misc. (Printing, Advertising, etc.)................................................................ 1,000 TOTAL............................................................................................................................ 1,944,672 ESTIMATED PROJECT BUDGET BALANCE.......................................................................... 0 NUECES BAY 181 SOF N v�TOL SCALE: N.T.S. R CORPUS CHRISTI SHIP CHANN <FOpgRO '� LEOPARD O a z 44 eq PUS CHRISTI 0< �h�iV 286 ERNATI ONAL F PORT ORGP p 358 Q M 9l OC Z � 9��o esti e- `� CORPUS C Q s� °� 3,2� MOgR°�F cO<<iygR SF`s ,-O 0�0�oJ S A O 00�� TEXAS A UNIVERSI o� y0<<Y CORPUS Ori �� 358 ZZ C Q� �SgRgrOcq��m �'r� gRO�F O CABANISS �, i OSO BAY FIELD <v Qv p �v 4 PROJECT LOCATION z 286 °SO QQ° w Z of C <" a O J 0 O 2444 LOCATION MAP NOT TO SCALE Project: E10200 La Volla Creek Drainage Channel CITY COUNCIL EXHIBIT ..... X`' CITY OF CORPUS CHRISTI,TEXAS Excavation (Phase 1) DEPARTMENT OF ENGINEERING SERVICES Corpus Chr'sti Engineering La Volla Creek Drainage Channel Excavation (Phase 1) Council Presentation January 16, 2018 r Project Location Corpus CNr'stl Engineering `CORPUS CHRISM j I V SCALE N.T.S. PROJECT LOCATION CORPUS CHRISTI BAY y OSO BAY Nrs sr C FLOUR BLUFF -P Project Vicinity �r j Corpus Chr'sti Engineering N SCALE: N.T.S. dldt REEK �9d DRAINAGE CHANNEL ��d EXCAVATION(PHASE 1) i m� q� Y Oso Creek :u Project Scope i Engineering This project clears vegetation and excavates the channel increasing capacity and lowering surface water elevation of La Volla Creek during storm events. The work includes: • Excavation of approximately 170,000 Cubic Yards of channel overbanks • Clearing trash and debris out of channel bottom • Grading a small ravine • Construction of an outfall structure • Placement of excess material This project requires coordination with the USACE. No excavation is planned within the channel and existing wetlands will be avoided. d Project Schedule °U� Corpus Chr'sti Engineering 2017 • N D J F M A M J J A S O Bid/ Award Project Construction Estimate � 8 Months Projected Schedule reflects City Council award in January 2018 with anticipated completion in September 2018. UE Job No:42468.01.00 URBAN ENGINEERING November 22, 2017 TRANSMITTED VIA EMAIL AND ORIGINAL MAILED J. H. Edmonds, P. E. City of Corpus Christi P O Box 9277 Corpus Christi,Texas 78469 Subject: La Voila Creek Drainage Channel Excavation-Phase 1 City Project No.: E10200 Dear Jeff: Urban Engineering has received copies of, and reviewed all of the bids submitted for the subject project. We have also received and reviewed the information required in the Statement of Experience submitted by the three low bidders.We have found the bid packages and experience records submitted to be satisfactory.Attached please find a Bid Tabulation and copies of the Statement of Experience for each of two low bidders which submitted experience records. It is the recommendation of Urban Engineering that Base Bid Phase 1 be awarded to Haas-Anderson Construction for a contract total of$1,256,389.00. Sincerely, URBAN ENGINEERING Rhodes C. Urban, P. E., R.P.L.S. RCU/sls xc: Haas-Anderson Construction (361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm #145 TBPLS Firm #10032400 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. 2017-291439 Haas-Anderson Construction, Ltd. Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 12/06/201 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. Project Number E10200 La Volla Creek Drainage Channel Excavation-Phase 1 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Haas, Darryl Corpus Christi,TX United States X Anderson,Jim Corpus Christi,TX United States X Lamon,Tim Corpus Christi,TX United States X Parish,Jim Corpus Christi,TX United States X Cullen,Drew Corpus Christi,TX United States X Moore,Randall Corpus Christi,TX United States X I 5 Check only if there is NO Interested Party. D 6 A I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. SUZAN T.FIQLANSKY Notary 10 It:#26 2247 ,� J0 V MY commission E101101; xz�� 64/2NMI0 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP I SEAL ABOVE Swom to and subscribed before me,by the said tw't,U—) Cu_( te_4 this the E day of= Jvtk 20 to certify which,witness my hand and sea]of office. SignaturE(Af officer administering oath Printed name of officer administering oatJ Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 se o� � v AGENDA MEMORANDUM NORPgRpEO Future Item for the City Council Meeting of January 16, 2018 1852 Action Item for the City Council Meeting January 23, 2018 DATE: January 16, 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 Brass Fittings Supply Agreement CAPTION: Motion authorizing the City Manager or designee to execute a supply agreement with Ferguson Enterprises Inc., of Corpus Christi, Texas for Brass Fittings for the Water Department in accordance with Request for Bid (RFB) No. 1362, based on the lowest responsive, responsible bid for a total amount not to exceed $144,149.15, with $32,033.00 budgeted in FY2017-18. The term of this agreement is for 36 months. PURPOSE: This is a motion to approve a supply agreement for brass fittings for the Water Department. BACKGROUND AND FINDINGS: The brass fittings will be purchased into warehouse inventory and used by the Water Department for new and replacement installations. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received five responsive, responsible bids, and is recommending the award to the lowest responsive, responsible bidder, Ferguson Enterprises 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: Finance FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $2,800,000.00 $112,116.15 $2,912,116.15 Encumbered / Expended Amount $162,432.05 $0 $162,432.05 This item $32,033.00 $112,116.15 $144,149.15 BALANCE $2,605,534.95 $0 $2,605,534.95 Fund(s): Municipal Court Comments: The initial contract is for an amount not to exceed $144,149.15 for 36 months, with an estimated expenditure of$32,033.00 to be funded in FY2017-18. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreements City of Corpus Christi Bid Tabulation Purchasing Division RFP No.1362 Buyer:Michael Gutierrez Brass Fittings forthe Warehouse Department Iises IncTitan&Supply Company,a in LP�WA HD SuWaterworks, CAPP Inc. Ga'eske,Inc. FergusonFer uson Enter . Supply g Inc. Ltd. Corpus Christi,TX Clifton Heights,PA San Antonio,TX Corpus Christi,TX Poplar Bluff,Missouri Item Description Unit QTY Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 CURB STOP M.."FIP X FIF EA 108 $37.50 $4,050.00 $61.00 $6,588.00 $56.67 $6,120.36 $35.018 $ 3,781.94 $39.55 $4,271.40 FORDB11-333-NL OR MUELLERMB20283NF 2 CURB STOP 1"PIP X PIP EA 108 $58.35 $6,301.80 $95.00 $10,260.00 $88.08 $9,512.64 $53.285 $ 5,754.78 $61.50 $6,642.00 FORDB11-444-NL OR MUELLER MB20283NG 3 METER STOP WANGLE FX MTR EA 144 $50.35 $7,250.40 $82.00 $11,808.00 $76.03 $10,948.32 $44.781 $ 6,448.46 $53.10 $7,646.40 FORD BA13-332W-NL OR MUELLER MB24265NEFF 4 METER WANGLE STOP FIPXMTR EA 108 $22.70 $2,451.60 $37.00 $3,996.00 $34.26 $3,700.08 $19.515 $ 2,107.62 $24.45 $2,640.60 FORD KV13-332W-NL OR MUELLER MH1465NFEF 5 MET ER ANGLE STOP 1"X1-3/4" EA 144 $62.85 $9,050.40 $102.00 $14,688.00 $94.84 $13,656.96 $58.620 $ 8,441.28 $66.25 $9,540.00 FORD(BA43342W-NL)OR MUELLER(MP24258NEFG) 6 ANGLE METER STOP 1"FIPXMTR EA 60 $75.90 $4,554.00 $123.00 $7,380.00 $114.58 $6,874.80 $66.044 $ 3,962.64 $80.00 $4,800.00 FOrd(BA13-444W-NL)OR MUELLER(MB24265NG) 7 CURB STOP M.."FIPXCTSCOMP EA 144 $42.40 $6,105.60 $69.00 $9,936.00 $64.04 $9,221.76 $41.053 $ 5,911.63 $44.70 $6,436.80 FORD(B41333-NL)OR MUELLER(MP2172NF) 8 CURB STOP I"PIP X CTS COMP EA 60 $65.15 $3,909.00 $106.00 $6,360.00 $98.35 $5,901.00 $62.232 $ 3,733.92 $68.65 $4,119.00 FORD(B41-444-NL)OR MUELLER(MP25172330N) 9 ANGLE MTR STOP M."COM X MTR EA 162 $55.35 $8,966.70 $90.00 $14,580.00 $83.58 $13,539.96 $51.679 $ 8,372.00 $58.35 $9,452.70 FORD BA43-332W-NL OR MUELLER MP2458NEFF 10 ANGLE MTR STOP 1"COMP X MTR EA 120 $83.05 $9,966.00 $135.00 $16,200.00 $125.42 $15,050.40 $77.546 $ 9,305.52 $87.60 $10,512.00 FORD BA43-444W-NL OR MUELLER MP24258NG 11 METER STOP'/."CTS X MTR EA 144 $50.30 $7,243.20 $82.00 $11,808.00 $75.95 $10,936.80 $46.940 $ 6,759.36 $53.00 $7,632.00 FORD B43-444-W-NL OR MUELLER MP24350NF 12 METER STOP 1"COMP X MTR EA 90 $74.35 $6,691.50 $121.00 $10,890.00 $112.23 $10,100.70 $69.394 $ 6,245.46 $78.35 $7,051.50 FORD(B43-444W-NL)OR MUELLER(MP24350NG) 13 COUPLING 1-1/2"CTS X CTS EA 54 $50.95 $2,751.30 $83.00 $4,482.00 $76.95 $4,155.30 $46.343 $ 2,502.52 $54.85 $2,961.90 FORD(C44-66-NL)OR MUELLER(MP15403NJ) 14 COUPLING 2"CTSX CTS EA 54 $68.80 $3,715.20 $112.00 $6,048.00 $103.91 $5,611.14 $63.917 $ 3,451.52 $74.25 $4,009.50 FORD(C44-77-NL)OR MUELLER(MP15403NK) 15 COUPLING M."MIR X MTR EA 825 $7.10 $5,857.50 $12.00 $9,900.00 $10.72 $8,844.00 $6.119 $ 5,048.18 $7.75 $6,393.75 FORD(C38-23-2.5-NL)OR MUELLER(MH10890NF) 16 COUPLING I"MIR XMTR EA 240 $10.90 $2,616.00 $18.00 $4,320.00 $16.51 $3,962.40 $9.415 $ 2,259.60 $11.75 $2,820.00 FORD C38-44-2.625-NL OR MUELLER MH10890NG 17 CORP STOP M."MIR X CTS COMP EA 150 $23.85 $3,577.50 $39.00 $5,850.00 $36.01 $5,401.50 $22.022 $ 3,303.30 $25.70 $3,855.00 FORD F1100-3NL OR MUELLER MP15028NF 18 CORP STOP 1"MIPX CTS COMP EA 300 $36.05 $10,815.00 $76.00 $22,800.00 $54.47 $16,341.00 $33.354 $ 10,006.20 $42.80 $12,840.00 FORD F1100-4NL OR MUELLER MP15028NG 19 CORP STOP 1-1/2"MIR X CTS COM EA 60 $104.00 $6,240.00 $169.00 $10,140.00 $157.03 $9,421.80 $92.583 $ 5,554.98 $107.10 $6,426.00 FORD F1100-6NL OR MUELLER MP25029NJ 20 CORP STOP 2"MIR X CTS COMP EA 90 $172.00 $15,480.00 $286.00 $25,740.00 $259.73 $23,375.70 $156.334 $ 14,070.06 $177.15 $15,943.50 FORD(FB1100-7NL)OR MUELLER(MP25028NK) 21 UBRANCH 1"X W 7.5" EA 54 $35.00 $1,890.00 $54.00 $2,916.00 $49.63 $2,680.02 $28.550 $ 1,541.70 $35.50 $1,917.00 FORD(U48-43-7-NL)OR MUELLER(MP15363NGF712) 22 UBRANCH 1"CXM.."MX 14" EA 90 $61.10 $5,499.00 $93.00 $8,370.00 $99.55 $8,959.50 $53.217 $ 4,789.53 $71.10 $6,399.00 FORD(U48-43-14-NL)OR MUELLER(MP15363NGF1312) 23 COUPLING M."COMP X COMP EA 180 $13.30 $2,394.00 $22.00 $3,960.00 $20.10 $3,618.00 $12.301 $ 2,214.18 $14.35 $2,583.00 FORD C44-33NL OR MUELLER MP15403NF 24 COUPLING 1"CTSCOMPXCOMP EA 144 $15.20 $2,188.80 $25.00 $3,600.00 $23.00 $3,312.00 $13.428 $ 1,933.63 $16.40 $2,361.60 FORD C44-44NL OR MUELLER MP15403NG 25 COUPLING M.."MIPTX COMP EA 216 $10.90 $2,354.40 $18.00 $3,888.00 $16.51 $3,566.16 $10.079 $ 2,177.06 $11.75 $2,538.00 FORD C84-33-NL OR MUELLER MP15428NF 26 COUPLING I"MIR XCTS COMP EA 180 $12.95 $2,331.00 $21.00 $3,780.00 $19.55 $3,519.00 $11.922 $ 2,145.96 $13.95 $2,511.00 FORD C84-44-NL OR MUELLER n/a 27 COUPLING 1"X 1-1/4"MIPTX COMP EA 65 $21.10 $1,371.50 $35.00 $2,275.00 $34.86 $2,265.90 $23.012 $ 1,495.78 $24.90 $1,618.50 FORD(C84-45-NL)OR MUELLER(MP15428NH) 28 COUPLING 1-1/2"MIR X CTS COMP EA 36 $35.45 $1,276.20 $58.00 $2,088.00 $53.57 $1,928.52 $32.943 $ 1,185.95 $38.25 $1,377.00 FORD(C84-66-NL)OR MUELLER(MP15428NJ) 29 COUPLING 2"MIPXCTSCOMP EA 72 $51.70 $3,722.40 $84.00 $6,048.00 $78.04 $5,618.88 $48.004 $ 3,456.29 $55.75 $4,014.00 FORD(C84-77NL)OR M UELLER(MP15428NK) 30 RESETTER5/8"X%"X 7" EA 36 $69.85 $2,514.60 $106.00 $3,816.00 $98.84 $3,558.24 $58.566 $ 21108.38 $69.05 $2,485.80 FORD(V42-7W-NL)OR MUELLER(MH14118NEFW) 31 RESETTER 5/8"X WX 1/2" EA 30 $73.20 $2,196.00 $112.00 $3,360.00 $103.59 $3,107.70 $63.434 $ 1,903.02 $72.40 $2,172.00 FORD V42-12W-NL OR MUELLER MH14118NEF12 32 RESETTER 5/8"X%"X 9" EA 36 $70.70 $2,545.20 $108.00 $3,888.00 $100.04 $3,601.44 $60.464 $ 2,176.70 $69.95 $2,518.20 FORD V42-9W-NL OR MUELLER MH14118NEFY $157,875.80 $261,763.00 $238,411.98 $144,149.15 $168,489.15 se 0 A H SUPPLY AGREEMENT NO. 1362 Brass Fittings for the City Warehouse l 'ayyRppORyyP�'p 1 f.7�G THIS Brass Fittings for the City Warehouse Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Ferguson Enterprises, Inc. ("Supplier'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Brass Fittings for the City Warehouse in response to Request for Bid No. 1362 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Brass Fittings for the City Warehouse 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 36 months. The parties may mutually extend the term of this Agreement for up to zero additional zero-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 $144,149.15, 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 1 of 7 Approved as to Legal Form 10/2/17 Robert Presnell Department: Finance Phone: 361-826-1750 Email: RobertPR@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 10/2/17 any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form 10/2/17 IF TO CITY: City of Corpus Christi Attn: Robert Presnell Title: Store Supervisor Address: 5352 Ayers St. Bldg. 6, Corpus Christi, Texas 78415 Fax: 361-826-3174 IF TO SUPPLIER: Ferguson Enterprises, Inc. Attn: Bryan Steele Title: Sales Address: 221 Junior Beck Dr., Corpus Chrisit, Texas 78405 Fax: 361-289-1968 17. SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS C'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. 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 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form 10/2/17 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 it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Supplier verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form 10/2/17 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. 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 10/2/17 SUPPLIER Signature: Printed Name: G,C� Title: , Date: —` CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB No. 1362 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form 10/2/17 Attachment A: Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide Brass Fittings for the Warehouse Department as outlined in this Scope of Work. The brass fittings are for the main cut-off water to residential homes and businesses. They are installed at the street or alley way of every resident and business in the City. 1.2 Scope of work A. The Contractor shall provide brass fittings, as outlined on the bid/pricing schedule, stamped with the letters "NL" (lead free) and the materials shall comply with American National Standards Institute/National Sanitation Foundation (ANSI/NSF) Standard 60/61 which must be obtained from NSF, UL, or an agency recognized by the Texas Natural Resource and Conservation Commission (TNRCC). In lieu of certified parts, TNRCC's interim order, which would grant the purchase of a different type (that would serve the same purpose) may be acceptable only if no product in that category has been certified. This specification covers various fittings used by the City of Corpus Christi, Texas. The products listed in this specification will be used to restock the Warehouse Department. B. The Contractor will cross reference the City's stock number listed on the bid sheet. The City agrees not to change the stock numbers assigned to each item for the duration of the contract. C. All brass fittings will be defect free, properly packed and shipped to ensure a safe delivery. 1.3 Contractor Quality Control Any fines or other costs imposed on the City by TNRCC, or any successor agency, for accepting non-certified products, will be passed on to and born by the Contractor. 1.4 Special Instructions A. Delivery 1 . Contractor shall ship the materials in a specified time frame dictated by the Department Requestor. 2. All contract prices are F.O.B destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. 3. Receipt of products that do not conform to specifications will not be accepted by the City. Page 1 of 2 4. Contractor understands and agrees that the City may, at its discretion, cancel any backorders due to the Contractor's inability to deliver the product within the set time frame. 5. Cancellations shall be in writing and sent to Contractor by email, fax or mail. 6. No restocking fee or payment of any kind shall be owed for orders cancelled due to Contractor's inability to meet the deadline delivery date. B. Defective Goods Contractor shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. Contractor must arrange for the return shipment of damaged products. Page 2 of 2 oa S�� Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI v BID FORM /NCappApSEPURCHASING DIVISION �s2 RFB No. 1362 Brass Fittings for Warehouse Department Date: 10-25-2017 Authorized Bidder: FERGUSON Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT QTY Unit Price Total Price 1 CURB STOP 3/4" FIP X FIP EA 108 $ $ FORD B11-333-NL OR MUELLER MB20283NF 35.018 3,781.94 2 CURB STOP 1" FIP X FIP EA 108 $ $ FORD B11-444-NL OR MUELLER MB20283NG 53.285 5,754.78 3 METER STOP 3/4" ANGLE F X MTR EA 144 $ $ FORD(BA13-332W-NL) OR MUELLER MB24265NEFF 44.781 6,448.46 4 METER 3/4" ANGLE STOP FIPXMTR EA 108 $ $ FORD KV13-332W-NL OR MUELLER MH1465NFEF 19.515 2,107.62 5 METER ANGLE STOP 1" X 1-3/4" EA 144 $ $ FORD(BA43-342W-NL) OR MUELLER MP24258NEFG 58.620 8,441.28 6 ANGLE METER STOP 1" FIP X MTR EA 60 $ $ Ford(BA13-444W-NL) OR MUELLER(MB24265NG) 66.044 3,962.64 7 CURB STOP 3/4" FIP X CTS COMP EA 144 $ $ FORD B41-333-NL OR MUELLER MP2172NF 41.053 5,911.63 8 CURB STOP 1" FIP X CTS COMP EA 60 $ $ FORD(B41-444-NL) OR MUELLER MP25172330N 62.232 3,733.92 Page 1 of 3 Item Description UNIT QTY Unit Price Total Price 9 ANGLE MTR STOP 3/4" COM X MTR EA 162 $ $ FORD(BA43-332W-NL) OR MUELLER MP2458NEFF 51.679 8,372.00 10 ANGLE MTR STOP 1" COMP X MTR EA 120 $ $ FORD(BA43-444W-NL) OR MUELLER MP24258NG 77.546 9,305.52 11 METER STOP 3/4" CTS X MTR EA 144 $ $ FORD(B43-444-W-NL) OR MUELLER MP24350NF 46.940 6,759.36 12 METER STOP 1" COMP X MTR EA 90 $ $ FORD B43-444W-NL OR MUELLER MP24350NG 69.394 6,245.46 13 COUPLING 1-1/2" CTS X CTS EA 54 $ $ FORD(C44-66-NL OR MUELLER MP15403NJ 46.343 2,502.52 14 COUPLING 2" CTS X CTS EA 54 $ $ FORD(C44-77-NL OR MUELLER MP15403NK 63.917 3,451.52 15 COUPLING 3/4" MIP X MTR EA 825 $ $ FORD(C38-23-2.5-NL) OR MUELLER MH10890NF 6.119 5,048.18 16 COUPLING 1" MIP X MTR EA 240 $ $ FORD(C38-44-2.625-NL) OR MUELLER MH10890NG 9.415 2,259.60 17 CORP STOP 3/4" MIP X CTS COMP EA 150 $ $ FORD(F1100-3NL OR MUELLER MP15028NF 22.022 3,303.30 18 CORP STOP 1" MIP X CTS COMP EA 300 $ $ FORD(F1100-4NL OR MUELLER MP15028NG 33.354 10 006.20 19 CORP STOP 1-1/2" MIP X CTS COM EA 60 $ $ FORD(F1100-6141. OR MUELLER MP25029NJ 92.583 5,554.98 20 CORP STOP 2" MIP X CTS COMP EA 90 $ $ FORD(FB1100-7NL OR MUELLER MP25028NK 156.334 14 070.06 21 U BRANCH 1" X3/4" X 7.5" EA 54 $ $ FORD(U48-43-7-NL) OR MUELLER MP15363NGF712 28.550 1,541.70 22 U BRANCH 1" C X3/4" M X 14" EA 90 $ $ FORD(U48-43-14-NL) OR MUELLER MP15363NGF1312 53.217 4,789.53 23 COUPLING 3/4" COMP X COMP EA 180 $ $ FORD(C44-33NL OR MUELLER MP15403NF 12.301 2,214.18 24 COUPLING 1" CTS COMP X COMP EA 144 $ $ FORD(C44-44NL OR MUELLER MP15403NG 13.428 1,933.63 25 COUPLING 3/4" MIPT X COMP EA 216 $ $ FORD(C84-33-NL OR MUELLER MP15428NF 10.079 2,177.06 26 COUPLING 1" MIP X CTS COMP EA 180 $ $ FORD(C84-44-NL OR MUELLER n/a 11.922 2,145.96 27 COUPLING 1" X 1-1/4" MIPT X COMP EA 65 $ $ FORD(C84-45-NL OR MUELLER MP15428NH 23.012 1,495.78 Page 2 of 3 Item Description UNIT QTY Unit Price Total Price 28 COUPLING 1-1/2" MIP X CTS COMP EA, 36 $ $ FORD(C84-66-NL) OR MUEI.LkKMf15428NJ) . 32.943 1,185.95 29 COUPLING 2" MIP X CTS COMP EA 72 $ $ FORD C84-77NQ OR MUELLER(MPI 5428NK) 48.004 3456.29 30 RESETTER 5/8" X3/4" X 7" EA 36 $ $ FORD(V42-7W-NL) OR MUELLER(MH14118NEFW) 58.566 2 108.38 31 RESETTER 5/8" X3/4" X 1/2" EA 30 $ $ FORD(V42-12W-NL) OR MUELLER(MH14118NIEFl?j__ 63.434 .....l.,903.02 32 RESETTER 5/8" X3/4" X 9" EA 36 $ $ FORD V42-9W-NL 60.464 2,176.70.--.- Total 144�149,15 Page 3 of 3 Attachment C: Insurance Requirements Section 5. is null for this Supply Agreement. Page 1 of 1 Attachment D: Warranty Requirements Limited Warranty MUELLER CO. WARRANTS ITS PRODUCTS TO BE FREE OF DEFECTS IN WORKMANSHIP AND MATERIAL UNDER NORMAL USE AND SERVICE AND WHEN USED FOR THE PURPOSE AND UNDER THE CONDITIONS FOR WHICH THEY ARE INTENDED, FOR A PERIOD OF ONE YEAR FROM THE DATE OF SHIPMENT. OBLIGATION UNDER THIS WARRANTY IS LIMITED, AT MUELLER'S OPTION; TO ADJUST, REPAIR OR REPLACE, F.O.B. POINT OF MANUFACTURE, THE DEFECTIVE PRODUCT. PURCHASER MUST IMMEDIATELY NOTIFY MUELLER CO. IN WRITING OF THE CLAIMED DEFECT. MUELLER SHALL HAVE THE RIGHT TO INSPECT SAID PRODUCT AND PURCHASER SHALL, IF REQUESTED, RETURN THE DEFECTIVE PRODUCT TO MUELLER CO. WITH TRANSPORTATION PREPAID. PURCHASER SHALL ASSUME ALL RESPONSIBILITY AND EXPENSE FOR REMOVAL AND REINSTALLATION AND FREIGHT CHARGES IN CONNECTION WITH THE FOREGOING REMEDY. MUELLER CO. SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR PENAL TIES AND DOES NOT ASSUME ANY LIABILITY OF PURCHASER TO OTHERS, OR TO ANYONE FOR INJURY TO PERSONS OR PROPERTY. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED AND IMPLIED INCLUDING THE WARRANTY OF MERCHANTABILITY. ANY CLAIMS OR SHORTAGES OR DAMAGES MUST BE IN WRITING WITHIN TEN DAYS AFTER RECEIPT OF SHIPMENT. BUYER SHALL NOTE LOSS OR DAMAGE ON TRUCK SHIPMENTS BY PROVIDING A DELIVERY RECEIPT SIGNED BY THE DRIVER. Page 1 of 1 se o� � v AGENDA MEMORANDUM NORPgRpEO Future Item for the City Council Meeting of January 16, 2018 1852 Action Item for the City Council Meeting January 23, 2018 DATE: January 16, 2018 TO: Margie C. Rose, City Manager FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations Department LawM@cctexas.com (361) 826-1972 Kim Baker, Assistant Director of Financial Services — Purchasing Division Kim 2&cctexas.com (361) 826-3169 Service Agreement for Debris Removal for one year not-to-exceed amount of $279,510, with two additional one-year options for a potential multi-year amount up to $838,530 CAPTION: Motion authorizing the City Manager or designee to execute a service agreement with CrowderGulf, LLC of Theodore, Alabama for Debris Removal for the City of Corpus Christi in accordance with Request for Bid (RFB) No. 1372, based on the lowest responsive, responsible bid for a total amount not-to-exceed $279,510, budgeted in FY2017-18; the term of this agreement is for one year with option to extend for up to two additional one- year periods, by mutual agreement, with a total potential multi-year amount of up to $838,530. PURPOSE: This is a motion to approve service agreements for Debris Removal for the City of Corpus Christi. BACKGROUND AND FINDINGS: On June 8, 2017, the City Manager authorized approval for a Debris Collection Contract to assistance the Solid Waste Operations with debris removal of brush and bulky items, due to the above-normal accumulation of debris on right-of-ways. The accumulation of brush and debris can be a hazard to pedestrians, physically challenged citizens, and vehicular traffic when the piles block sidewalks and portions of right-of-ways. This contingency service agreement will provide assistance to the Solid Waste Operations in the event of an above-normal accumulation of debris on right-of-ways. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received three responsive, responsible bids, and is recommending the award to the lowest responsive, responsible bidder, CrowderGulf, LLC. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Solid Waste FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $0 $0 $0 Encumbered / Expended Amount This item $0 $0 $0 BALANCE $0 $0 $0 Fund(s): Municipal Court Comments: The initial contract is a contingency agreement for an amount not-to-exceed $279,510. Funds for this "as needed" contract will be funded under the General Fund at the time the need arises for these services. The contingency total estimated contract value will be $838,530 if all options years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement City of Corpus Christi Bid Tabulation Purchasing Division RFP No.1372 Buyer: Michael Gutierrez Debris Removal for the City of Corpus Christi CrowderGulf, LLC TFR Enterprise, Inc. Young's General Contracting, Inc Theodore,Alabama Leander,Texas Poplar Bluff, Missouri Item Description Unit QTY Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Debris Removal of Heavy Brush and Bulky Items EA 36,300 $7.70 $279,510.00 $23.75 $862,125.00 $23.90 $867,570.00 �vs cs SERVICE AGREEMENT NO. 1372 Debris Removal for the City of Corpus Christi 1852 THIS Debris Removal for the City of Corpus Christi Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and CrowderGulf, LLC ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Debris Removal for the City of Corpus Christi in response to Request for Bid/Proposal No. 1372 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Debris Removal for the City of Corpus Christi ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. 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 $279,510.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in 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: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 10/2/17 Name: Gilbert Montoya Department: Solid Waste Phone: 361-826-1664 Email: GilbertM@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 10/2/17 purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 10/2/17 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Gilbert Montoya Title: Planner/Scheduler Address: 2525 Hygeia St., Corpus Christi, Texas 78415 Fax: 361-857-1971 IF TO CONTRACTOR: CrowderGulf, LLC Attn: John Ramsay Title: President & CEO Address: 5435 Buisness Parkway, Theodore, Alabama Fax: 251-459-7433 17. CONTRACTOR 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 CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 10/2/17 LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 10/2/17 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. 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) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 10/2/17 CONTRACTOR Signature: Printed Name: Ashley Ramsa -Naile Title: Vice President/COO Date: 12-22-17 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 1372 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 10/2/17 Attachment A: Scope of Work 1.1 General Requirements The Contractor shall provide Debris Removal as outlined in this Scope of Work. 1.2 Scope of Work A. Scope: This Scope contains minimal general, functional and performance requirements for debris removal. The quantity of work required to complete this contract is estimated at 36,300 cubic yards. The actual effort required may be more or less than the estimated amount and no amount is guaranteed by the City. Contractor shall be given 72 hours for mobilization, after issuance of a Notice to Proceed. Contractor will commence work as describe per scope of work. Debris removal shall be conducted, only at the sole request of the Solid Waste Director, of such areas requiring debris removal services. The Contractor will keep all inspection plans and records evidencing compliance with Federal, State and local regulations throughout the term of the contract. B. Classification: Contractor is to provide all elements for a turnkey maintenance project including, but not limited to, all necessary equipment, labor, supervision, insurance, and safety devices. C. General Requirements: 1 . The Contractor shall collect all brush, bulky items and construction materials as instructed, in designated areas of the City as specified by City staff. Contractor must meet a daily minimum of 2,400 cubic yards collected. City staff will supply directions and boundaries of said collection areas. Contractor shall assure waste hauled under this contract weighs a minimum of 150 pounds (lbs.) per cubic yard. 2. Brush items are defined as such: a.Shrubs b. limbs c. grass clipping d.weeds Page 1 of 10 e. leaves f. Mulch g.tree trimmings. 3. Bulky items are defined as such: a. Indoor/outdoor furniture b. Mattresses c. Boxsprings d. Carpet e. Swing sets f. Plastic swimming pools g. Large toys h. Bicycles i. Aquariums j. Large household appliances k. Small amounts of clean wood waste (clean wood removed of hardware, fasteners, hinges, and paint I. Construction debris resulting from the construction or demolition of structures small, quantities incidental to the load. All debris collected by the Contractor becomes the property of the Contractor and it is the Contractor's responsibility to dispose of such debris in compliance with all local, state and federal requirements. Proof of same (disposal tickets or invoices) shall be provided to the Contract Administrator on a weekly basis. Debris Removal collections areas are mapped on Exhibit A Collection Area Map. D. Dumpsites: The Contract shall dispose of debris at the following landfills: Gulley-Hurst Landfill Cefe Valenzuela Landfill 1435 CR 26 2397 CR 20 Corpus Christi, TX 78415 Robstown, TX 78380 Monday- Friday 8 a.m. to 5 p.m. Monday- Friday 7 a.m. to 6 p.m. Saturday 8 a.m. to noon Saturday 6 a.m. to 6 p.m. Page 2 of 10 E. Safety: Applicable provisions of the following publications shall be incorporated into the specifications for this project: 1 . Texas Manual on Uniform Traffic Control Devices. 2. Texas State Highway Standard Specifications. 3. Occupational Health and Safety laws. 4. Federal, State and Municipal acts, statutes, rulings, ordinances, decisions, and regulations relative to performance of the contract. The importance of safety cannot be over-emphasized. At its sole discretion, the City reserves the right to disallow payment for any work performed where the proper safety precautions were not observed. The safety of the public and the convenience of traffic shall be regarded as of prime importance. Unless otherwise provided herein, all portions of streets shall be kept open to traffic. All equipment and personnel will move in the same direction as traffic always during all cleaning operations. The Contractor shall hire competent drivers and properly train them. Contractor shall investigate the driving records of its drivers prior to and during their employment, and shall ensure that unsafe drivers do not provide services under the terms of the contract to which these specifications apply. Contractor shall maintain strict rules against the use of alcohol, drugs, and other intoxicants by its employees. For the purposes of these specifications, a driver whose driving record reflects the following citations within the last three years shall be deemed an "unsafe driver": a. Moving violations for excess acceleration or reckless driving. b. DWI. Furthermore, in the event an individual providing services for the Contractor during the effective dates of the contract relating to this specification, is convicted of DWI, the Contractor shall immediately prohibit said individual from providing services under the terms of the contract relating to this specification. Page 3 of 10 F. Weather: For the purpose of this contract, the National Weather Service of Corpus Christi, Texas, shall be the weather forecasting and reporting agency. Any forecast by the National WeatherService shall be deemed to extend only 12 hours into the future. 1 . Debris removal operations shall not be conducted when there are climatic conditions present or forecast that would make such operation ineffectual or dangerous. These climatic conditions are termed inclement weather and include, but are not limited to: heavy rains, snow, ice, and sleet. 2. The Contractor may suspend operations during inclement weather. If such suspension occurs, the Contractor shall immediately notify the Contract Administrator. 3. The Contract Administrator shall have the right to order suspension of debris removal operations whenever, in his/her judgment, inclement weather exists or is forecast to occur, such that cleaning operations cannot be carried out in an effective manner. 4. The Contractor shall obtain approval from the Contract Administrator prior to making any alteration(s) to his/her route list due to inclement weather. G. Functional Requirements: 1 .Equipment and Maintenance: The equipment used for debris removal shall be of sufficient type, capacity, and quantity to safely and efficiently perform the debris removal work as specified herein. a. Equipment - Equipment shall consist of mechanical self-loader apparatus, or Grapple trucks, and dump trucks. Any truck used to haul debris must be capable of rapidly dumping its load without the assistance of other equipment; be equipped with a tailgate that will effectively contain the debris during transport thus allowing the truck to be loaded to capacity; and have a label that displays its load capacity. Other types of debris removal equipment, as well as manual labor, shall be provided where Page 4 of 10 deemed necessary and approved by the Contract Administrator. The equipment, tools and machinery shall be at the work-site in good repair and operating condition and approved by the Contract Administrator prior to commencement of work. If at any time, the Contract Administrator determines any equipment is defective to the point that it may affect the quality of the work, that equipment shall be immediately repaired or replaced. b.The Contractor shall provide a list of all equipment (including support equipment) to be used by the Contractor. All such equipment is subject to inspection by and final approval of the City. Such approval may require the Contractor to provide on-site demonstration of the capability of any proposed equipment. The City will allow the Contractor a reasonable lead-time to obtain equipment requisite to provision of the services described herein, however, the Contractor shall commence work with its existing equipment. Prior to commencing work with its existing equipment and within 72 hours for mobilization, after such notification Contractor shall meet with the Contract Administrator to obtain debris removal collection areas requiring service. The Contractor shall secure the Contract Administrator's approval of collection areas requiring debris removal prior to commencing any work described therein. c. All vehicles used by the Contractor must be performance-worthy by visual and operational inspection. The City shall have the right to perform a complete inspection of all vehicles at any time during the term of the contract. Should any vehicle, when inspected, in the determination of the City, not meet those standards the City feels are necessary to provide the services specified herein or to operate safely, the City may require the Contractor to bring such vehicle to standard before the Contractor may return such vehicle to service. d. Maintenance - The Contractor shall provide all necessary maintenance to vehicles under this contract (including fuel, oil, grease, and repairs) as well as inventory of a sufficient supply of replacement parts to ensure the uninterrupted provision of debris Page 5 of 10 removal services described herein. 2. Schedules: Debris removal will be collected at the sole discretion of the Solid Waste Director. Collection areas may be added or deleted. H. Performance Requirements: 1 . Time of Operation: The Contractor shall perform work between the hours of 7:00 a.m. through 6:00 p.m. Monday through Saturday. 2. Debris: Collection and transportation of debris from the collection areas to the disposal site shall be the responsibility of the Contractor. The Contractor shall ensure all debris removal from collection areas (Exhibit A) is removed and loaded onto the dump trucks. Excessive displacement of debris into the atmosphere (dust clouds), or onto the street (debris "windrow") is not acceptable. a. The Contractor shall deposit all debris collected from debris removal contract in compliance with all local, state and federal requirements. The Contractor is responsible for payment of all fees, including, but not limited to: licenses, permits, penalties and citations. The City with pay fees assessed by the designated dump- sites. Copies of disposal tickets will be turned in with each weekly invoice. b. The Contractor shall perform all handwork required to provide an efficient cleaning operation. The Contract Administrator shall have the right to identify for the Contractor those areas where handwork should be performed. c. The Contractor shall be responsible for properly and adequately securing debris on each piece of equipment utilized to haul debris. Prior to leaving the loading site, the Contractor shall ensure that each load is secure and trimmed so that no debris extend horizontally beyond the bed of the equipment in any direction. All Page 6 of 10 loose debris shall be reasonably compacted during loading and secured during transport. Tarps or other covering shall be provided by the Contractor to prevent materials from being blown from the bed during hauls to disposal sites. 3. Definition of Clean: For the purposes of this specification, clean is defined as free from brush and bulky items from a property. No item shall be left on the property including shrubs, limbs, grass clippings, weeds, leaves, mulch, tree trimmings, indoor/outdoor furniture, mattresses, box springs, carpet, swings sets, plastic swimming pools, large toys, bicycles, aquariums, large household appliances, and small amounts of clean wood waste (clean wood removed of hardware, fasteners, hinges and paints). The Contractor shall make every practical effort to attain this level of service. 4. Condition of Streets: At no time does the condition of the street relieve Contractor from debris removal responsibilities. I. Verification of Work: 1 . To verify compliance of work, the Contractor's first load, and then random loads as determined by the Contract Administrator, will be weighed at the City's JC Elliott Transfer Station or Cefe Valenzuela Landfill. City Staff will inspect all loads prior to disposal to determine volume and density. City Staff will assign a percentage filled for each loaded truck and trailer. City Staff and Contractor will agree on the number of cubic yards, based on the percentage that trucks and trailers are filled, that will be billed to the City by the Contractor for each load collected. 2. Within 72 hour of notification by the Solid Waste Director, the Contractor shall meet with the Contract Administrator to review the contract and make any necessary changes to the collection areas and/or Contractor's work plan. Prior to commencing work, all listed routes shall be updated, in writing, by the Contractor, and, as approved by the City, shall thereafter become the basis for: a. The Contractor's collection areas, Page 7 of 10 b. Pounds (Ibs.) per cubic yard of debris removed report, c. The Department's inspection of debris removal, d. The invoicing for per cubic yards collected and e. Payment by the City for services rendered. 3. The Contractor shall not make any subsequent changes or revisions to the collection areas without obtaining the express written consent of the Contract Administrator prior to making such change or revision. 4. The Contract Administrator will monitor, verify, and approve the Contractor's work performance. All debris cleaned by the Contractor must present an appearance that is completely satisfactory to the Contract Administrator, as defined herein in Section VI, C. 5. Any deficiency in the Contractor's performance shall be reported in writing by the City to the Contractor. The Contractor shall correct such deficiencies no later than 24 hours following the Contractor's receipt of such notice. 6. The Contract Administrator shall maintain a daily log of completed work and will verify completion of the Contractor's work with the Contractor once per week. 7. In addition to the procedure for verification of work performed as described herein, the Contractor shall lend to the Contract Administrator, that assistance requested by the Contract Administrator, with respect to verification of work performed. Contractor will maintain detailed written records of work performed during the term of the contract. J. Payment: 1 . Payment for debris removal shall be made based upon the contract unit price per cubic yard collected, upon completion of debris removal. Page 8 of 10 2. Request for partial payment may be made, forwarded to the City for approval, and shall include the following: a. Invoice showing the date, ticket number, unit number, cubic yards collected, percentage given, total cubic yards and an extension in dollars at the quoted price. b. Copy of the collection area map for the invoice period showing the dates for debris removal with signatures of the Contractor's representative. 3. No payment shall be made for any service other than the number of cubic yards of debris collected. K. Performance: 1 . Primary objectives of the debris removal program are: a. Contractor will be responsible for the collection of debris in designated areas of the City, specified by the Contract Administrator. Contract Administrator will supply directions and boundaries of collection areas throughout the contracted time of service. b. The Contractor shall collect heavy and large debris and shall rake loose debris into a pile for final extraction for each collection site. Contractor shall reasonably avoid surface damages to residents' yards, driveways, etc.when performing said service. c. Contractor shall in good faith, load their units with agreed levels of debris in efforts to maximize cubic yards and/or tonnage before each disposal trip to the designated landfill. Contract Administrator will monitor contractors' collection efforts and will assist contractor if required. Contract Administrator may periodically require loads to be weighed at a City facility. d. Inspections shall be performed on a regular basis, as well as spot checks and in response to any complaints received. Page 9 of 10 e. Contract Administrator shall determine the adequacy of debris removal. f. If results of a debris removal are considered to be unsatisfactory, Contractor shall schedule debris removal from the unsatisfactory area(s) at Contractor's expense within 24 hours after notification. g. City reserves the right to withhold payment for missed, incomplete or unsatisfactory debris removal performance. 1.3 Work Site and Conditions Exhibit - A - Collection Map -Brush & Bulky Items 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. Page 10 of 10 Exhibit A ---------------- Legend ........ ..Legend ;Mustang isiaod i8- 4a", C<1Fuua' 1 f r j ChresO clay j@NSh rw,, ?e /j i CCY JItS j.s' F: Y` Nuc'es Say Ni ! 1M Bay AiA AIA AM A, AIB A4 AM Al0 ' 2 A5 AR MA A6 .n 5 {{ i� Awa �,�✓' // /i/ t �� r epz M///l/llylv/;ir lil i /viii r r ./ ✓ \ P �✓OD Vu �� er Padre Island � - � iii ��/� � r r F MarPi 1Cd(la ----- ._ A..Ya,a�n ----------------------- - --------nd811 1 4 ash A Attachment B: Bid/Pricing Schedule �0 CITY OF CORPUS CHRISTI " . ._. BID FORM PURCHASING DIVISION RFB No. 1372 Debris Removal for the City of Corpus Christi Date -10/19/2017 '+ N °100 'uW 'I'°° Authorized 1 Bidder,-'der: r w er Gaffs I I C. ,O 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without c.ons(.alfation, cornrnu6cation, or agreement with any otheir ffid er or coralir ,efitor„ for the pua pose of restriafiijg c or pefifion w0h regard to prices, b. Bidder is an Equal Opportunity Ernpoyer, and the D%sc;osure of k)terest information on file with C° ty°s Purchasing affi(-,,e, purso.jant to the Cede of Or&iancesa is cu_jrrent aril fru,_je, c, Ndder is current with all taxes due and carn pany is i,n good sfar)din ifta all applicable governmental agencies. d. Bidder er ackno ieddes receipt and review of al1 addenda frau, this RF:B. i Pti �'pie� Descri tion .. UNIT QTY Urnfi Price Total Price�� 1 Debris Removal of Heavy Brush CY 36,300 $ 7,70 $279,510.00 ------- . and Bulky Items_ ® . - — i i Page 1 of 1 Attachment C: Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Facilities & Property Management one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1 ,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this Exhibit. not domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts 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. Page 2 of 3 F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2017 Insurance Requirements Purchasing Debris Removal 11/14/2017 sw Risk Management Valid Through 09/30/2018 Page 3 of 3 Attachment C: Bond Requirements Section 5. (B) is null for this Service Agreement. Page 1 of 1 Attachment D: Warranty Requirements Section 8. Warranty is null for this Service Agreement. Page 1 of 1 Se 00 Nc1852AGENDA MEMORANDUM Future Item for the City Council Meeting of January 16, 2018 Action Item for City Council Meeting January 30, 2018 DATE: 1/5/2018 TO: Margie C. Rose, City Manager THROUGH: Keith Selman, Assistant City Manager Keith Se(o-)-cctexas.co m 361-826-3898 FROM: Rudy Bentancourt, Director of Housing and Community Development RudyB�cctexas.com 361-826-3021 Homebuyer Assistance Program Amendment No. 1 between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi. CAPTION: Motion to approve an amendment to the agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi for the Type A Affordable Housing Program - Homebuyer Assistance Program and increasing expenditures in the Business and Job Development Fund No. 1140 by $100,000. PURPOSE: The purpose of the motion is to approve amendment No. 1 between the Corpus Christi Business and Job Development Corporation (Type A Board) and the City of Corpus Christi for the Homebuyer Assistance Program which is administered by the Housing and Community Development Department. BACKGROUND AND FINDINGS: During the January 15, 2018 Type A Board Meeting, the Board approved a motion to transfer $100,000 into the Homebuyer Assistance Program line item under the Type A Board Affordable Housing Program. Also motioned on this date was an approval to execute amendment No. 1 between the Type A Board and the City of Corpus Christi for the administration and management of the Homebuyer Assistance Program. The agreement covers the term from February 1, 2018 to March 31, 2018, whereas the Board will receive quarterly updates regarding the Homebuyer Assistance Program. The total amount covered by amendment No. 1 is $100,000. On May 23, 2017, the City Council approved the original agreement between the City of Corpus Christi Business and Job Development Corporation and the City of Corpus Christi in the amount of$220,000 for the administration of the Homebuyer Assistance Program. The City's Housing and Community Development Department requested an additional $100,000 from the Corporation to continue the program and provide down payment assistance to additional people for the purchase of affordable housing in the City. ALTERNATIVES: None OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY/ NON-EMERGENCY: This item is non-emergency DEPARTMENTAL CLEARANCES: Legal Housing and Community Development FINANCIAL IMPACT: Not applicable Project to Date Expenditures Fiscal Year: 2017-2018 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $100,000 $100,000 BALANCE 1 $100,0001 1 $100,000 Fund(s): Comments: Financial Impact will be on the funding of the Type A Board funding. RECOMMENDATION: Staff recommends that the City Council approve amendment No. 1 between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi. LIST OF SUPPORTING DOCUMENTS: Amendment No. 1 AMENDMENT NO. 1 AGREEMENT BETWEEN CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND CITY OF CORPUS CHRISTI FOR TYPE A AFFORDABLE HOUSING PROGRAM — HOMEBUYER ASSISTANCE PROGRAM Whereas, on May 23, 2017, the Corpus Christi City Council approve an agreement between the Corpus Christi Business and Job Development Corporation (the "Corporation") and the City of Corpus Christi (the "City"), which agreement had been approved by the Corporation's Board of Directors (the "Type A Board") on April 10, 2017. Whereas, the City is requesting additional funding of $100,000 from the Corporation to continue the program and provide down-payment assistance to additional people for the purchase of affordable housing in the City; and Whereas, the Type A Board wishes to provide additional funding to this program so that it may continue without interruption. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1) Paragraph 1 of the Agreement is hereby amended to read in its entirety as follows: "Agreement to Provide Affordable Housing Services. This Agreement between the Corporation and the City is executed to implement the promotion and development of an affordable housing project described in Exhibit "A" and incorporated in this Agreement by reference. The parties have approved this Agreement in an amount not to exceed $320,000, of which up to $20,000 will reimburse City for staff time in implementing the Project. The parties have agreed that $300,000 will be used to implement the Project and to process applications from the citizens for funds under the Project. In addition to the $300,000 funded by this agreement, the parties agree that the City will use any funds left over from previous agreements for this program to implement the Project and to process applications from the citizens for funds under the Project. The funds provided under this agreement may not be used for any other projects or to reimburse the City for any staff time which is unrelated to this Project. Any funds not used for the implementation of the Project will be returned to the Corporation." 2) All other terms and conditions of the previously executed Agreement between the parties which are not inconsistent herewith shall continue in full force and effect. This Amendment becomes effective upon execution by all parties and approval of City Council. EXECUTED IN DUPLICATE ORIGINALS this day of , 20_7 by the authorized representative of the parties. CORPUS CHRISTI BUSINESS & CITY OF CORPUS CHRISTI JOB DEVELOPMENT CORPORATION Bart Braselton Samuel Keith Selman President Assistant City Manager Date: Date: ATTEST: Rebecca Huerta City Secretary Date: APPROVED AS TO FORM: Aimee Alcorn-Reed Kent Mcllyar Assistant City Attorney Assistant City Attorney Attorney for Corporation Attorney for City Housing Department SC o� � AGENDA MEMORANDUM Future Item for the City Council Meeting of January 16, 2018 "`1852E° Action Item for the City Council Meeting of January 23, 2018 DATE: January 3, 2018 TO: Margie C. Rose, City Manager FROM: Alyssa M. Barrera, Business Liaison AlyssaBcctexas.com (361) 826-3356 Corpus Christi B Corporation — Certificate of Formation CAPTION: Resolution finding that it is advisable that the Corpus Christi B Corporation be created as a Type B Corporation under the Development Corporation Act of 1979 and governed by chapters 501 and 505 of the Texas Local Government Code, approving Certificate Of Formation for the corporation, and specifying the public purposes which the corporation may further on behalf of the City of Corpus Christi. PURPOSE: The purpose of this item is to adopt a Certificate of Formation for the Corpus Christi Type B Corporation BACKGROUND AND FINDINGS: On November 8, 2016, Corpus Christi voters approve a Type B Sales Tax at the expiration of the Type A Sales Tax — Economic Development Fund. On January 31, 2017 and August 8, 2017 staff gave an overview of the local sales tax programs, and initiated conversation with the council regarding the Type B Corporation. City Council completed appointment of the Type B Board of Directors on December 19, 2017. This item names those Directors in the Certificate of Formation. The Certificate of Formation is the next step to creating the Board. Following the filing of the Certificate of Formation, a first meeting will be called for the Board to adopt By-Laws. Those By-Laws will then come to City Council for approval. These steps must be completed before the levee initiates in April 2018. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Conforms with Council direction on Type B Corporation. EMERGENCY/ NON-EMERGENCY: Non-Emergency Item DEPARTMENTAL CLEARANCES: Legal Finance 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): Comments: RECOMMENDATION: Staff recommends approving the resolution and certificate of formation. LIST OF SUPPORTING DOCUMENTS: PowerPoint —Type B Certificate of Formation Resolution — Creating Type B and Approving Certificate of Formation Certificate of Formation — Corpus Christi B Corporation RESOLUTION FINDING THAT IT IS ADVISABLE THAT THE CORPUS CHRISTI B CORPORATION BE CREATED AS A TYPE B CORPORATION UNDER THE DEVELOPMENT CORPORATION ACT OF 1979 AND GOVERNED BY CHAPTERS 501 AND 505 OF THE TEXAS LOCAL GOVERNMENT CODE, APPROVING CERTIFICATE OF FORMATION FOR THE CORPORATION, AND SPECIFYING THE PUBLIC PURPOSES WHICH THE CORPORATION MAY FURTHER ON BEHALF OF THE CITY OF CORPUS CHRISTI. WHEREAS, it is proposed to create the Corpus Christi B Corporation (the "Corporation") as a Type B corporation under the Development Corporation Act of 1979, Chapters 501- 505 of the Texas Local Government Code (the "Act") to act on behalf of the City of Corpus Christi, Texas (the "City"); and WHEREAS, proposed Certificate of Formation to be used in organizing the Corporation, a true copy of which certificate is attached hereto as Exhibit 1 and incorporated herein, have been developed in accordance with the Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council finds and determines that it is advisable that the Corpus Christi B Corporation be authorized and created as a Type B corporation under the Act and governed by Chapters 501 and 505 of the Texas Local Government Code. SECTION 2. The City Council approves the Certificate of Formation as set forth in Exhibit 1, which exhibit is made part of this Resolution for all purposes. SECTION 3. The public purposes of the City which the Corporation may further on behalf of the City shall be those specified in Article IV of said Certificate of Formation, which purposes are found to be public purposes authorized by Chapters 501 and 505 of the Texas Local Government Code. 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 Debbie Lindsey-Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn CERTIFICATE OF FORMATION OF CORPUS CHRISTI B CORPORATION THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI § WE, THE UNDERSIGNED natural persons not less than three in number each of whom is at least 18 years of age and each of whom is a qualified elector of the City of Corpus Christi. Texas (the "City"), which is a duly established city under the Texas Constitution, acting as incorporators of a public instrumentality and nonprofit development corporation (the "Corporation")under the Development Corporation Act of 1979, as amended, do hereby adopt the following Certificate of Formation. ARTICLE L• NAME The name of the Corporation is the Corpus Christi B Corporation. ARTICLE IL• AUTHORIZATION The Corporation is a nonprofit corporation under the Texas Non-Profit Corporation Act (the "Non-Profit Act"), Chapter 22 of the Texas Business Organizations Code, and a Type B corporation under the Development Corporation Act of 1979, Chapters 501-505 of the Texas Local Government Code (the "Act"), and shall be governed by Chapter 505 and other applicable provisions of said Act, as now existing or as may be amended. ARTICLE III: DURATION The period of duration of the Corporation shall be until December 31, 2039. ARTICLE IV: PURPOSE AND LIMITATIONS The Corporation is organized exclusively for the purposes of benefiting and accomplishing the public purposes of and acting on behalf of the City to undertake, maintain, and finance projects authorized through Proposition 1 on the election ballot for November 8, 2016. Said Proposition 1 is described in Section 7 of the City's Ordinance No 030930 (August 16, 2016) and was approved by the voters of Corpus Christi on November 8, 2016. As authorized by the voters of the City, the Corporation may expend monies as follows: (a) 50% of the annual funds may be expended on the promotion and development of new and expanded business enterprises to the full extent allowed by Texas law; (b) up to $500,000 annually may be expended on affordable housing; and (c) the remainder of the annual funds may be expended for construction, maintenance, and repair of arterial and collector streets and roads. With respect to said projects, the Corporation shall have all the powers of a corporation under Chapter 505 and other applicable provisions of the Act. All actions of the Corporation shall be taken in accordance with the provisions of the Act, with the advice and consent of the Corpus Christi City Council (the "City Council"). ARTICLE V: NO MEMBERS, NONSTOCK CORPORATION The Corporation has no members and is a nonstock corporation. ARTICLE VI: SALES TAX Upon receipt from the City of the proceeds of the sales and use tax imposed under Chapter 505 of the Act, the Corporation may use the proceeds as permitted hereby and by the Act as now existing or as may be amended. ARTICLE VII: AMENDMENT This Certificate of Formation may be amended in accordance with the requirements of the Act. ARTICLE VIII: REGISTERED ADDRESS/AGENT The address of the initial registered office of the Corporation is Corpus Christi B Corporation, City of Corpus Christi,P.O. Box 9277, Corpus Christi Texas 78469-9277. The name of its registered agent at such address is Rebecca Huerta, City Secretary, City of Corpus Christi. ARTICLE IX: BOARD OF DIRECTORS (a) The affairs of the Corporation shall be managed by a board of directors composed of seven persons appointed by the City Council. The term of four of the initial members of the board of directors shall expire July 31, 2018 and the term of the remaining three members shall expire July 31, 2019. Thereafter the term of the directors shall be two years expiring on July 31 of each year. Directors may be appointed to succeed themselves. No Director may serve longer than six years consecutively unless such service is required to complete an unexpired term. (b) Directors may also serve as Directors for the Corpus Christi Business and Job Development Corporation(the"CCBJDC"). If a Director serves on both the Corporation's board and the CCBJDC's board, the expiration of the Director's term on the Corporation's board shall coincide with the expiration of the his/her term on the board of the CCBJDC. (c) The names and street addresses of the persons who are to serve as the initial directors and the dates of expiration of their initial terms as directors are as follows: NAMES ADDRESSES Expiring July 31, 2018 Lee A. Trujillo 6102 Ayers, Ste. 106, Corpus Christi, TX Randy Maldonado 338 44�h, Corpus Christi, TX Bart Braselton 5337 Yorktown, Ste. lOD, Corpus Christi, TX Leah Pagan Olivarri 3833 S. Staples, Ste. S110, Corpus Christi, TX Expiring July 31, 2019 Scott Harris 500 N. Shoreline, Corpus Christi, TX Gabe Guerra 4211 Ayers St., Corpus Christi, TX John Valls 615 N. Upper Broadway 4616, Corpus Christi, TX Each director is and must be a qualified elector of the City and a resident of the City. Each director including the initial directors shall be eligible for reappointment. Each director shall serve until a successor is appointed. Directors are removable by the City Council at any time without cause. (d) The directors shall serve without compensation but they may be reimbursed for their actual expenses incurred in the performance of their duties as directors. Any vacancy occurring on the board of directors shall be filled by appointment by the City Council of a person who shall hold office until the expiration of the term. (e) The board of directors shall elect a president, vice-president, secretary, and any other officers that the City Council considers necessary to serve as executive officers of the Corporation as more specifically provided in the Corporation's Bylaws. The term of each officer's office shall expire on July 31 of each year. The City Manager, or designee, shall serve as executive director of the Corporation and the City Secretary shall serve as assistant secretary to provide administrative support services for the corporation. (f} The board shall conduct all meetings within the boundaries of the City. Meetings of the board of directors are subject to the Texas Open Meetings Act and the Texas Public Information Act. (g) Pursuant to Texas Local Government Code §505.052(c), three of the directors must be persons who are not employees, officers, or members of the governing body of the City. ARTICLE X: ORGANIZERS The names and street addresses of the organizers are NAME ADDRESS Margie C. Rose City of Corpus Christi, City Hall 1201 Leopard, Corpus Christi, Texas 78401 Samuel Keith Selman City of Corpus Christi, City Hall 1201 Leopard, Corpus Christi, Texas 78401 Mark Van Vleck City of Corpus Christi, City Hall 1201 Leopard, Corpus Christi, Texas 78401 ARTICLE XI: CITY COUNCIL APPROVAL The City has specifically authorized the Corporation by Resolution No. to act on its behalf to further the public purposes stated in said Resolution and in this Certificate of Formation and the City has by said Resolution on approved this Certificate of Formation. ARTICLE XII: DIVIDENDS, PROHIBITED ACTIVITIES No dividends shall ever be paid by the Corporation and no part of its net earnings (beyond that necessary for retirement of the indebtedness of the Corporation or to implement its public purposes) shall be distributed to or inure to the benefit of its directors or officers or any private person, firm, corporation, or association, except in reasonable amounts for services rendered. Regardless of any other provisions of this Certificate of Formation, or the laws of the State of Texas, the Corporation shall not(1)permit any part of the net earnings of the Corporation to inure to the benefit of any private individual (except that reasonable compensation may be paid for personal services rendered to or for the Corporation affecting one or more of its purposes), (2) carry on propaganda or otherwise attempt to influence legislation, (3)participate in or intervene in (including the publication or distribution of statements) any political campaign on behalf of any candidate for public office, or (4) attempt to influence the outcome of any specific public election or to carry on directly or indirectly any voter registration drives. ARTICLE XIII: REMEDY UPON DETERMINATION OF FOUNDATION STATUS If the Corporation is ever determined to be a private foundation within the meaning of Section 509(a) of the Internal Revenue Code of 1986 as amended (the Code) the Corporation 1) shall distribute its income for each taxable year at such time and in such manner as not to become subject to the tax on undistributed income imposed by Section 4942 of the Code; 2) shall not engage in any act of self-dealing as defined in Section 4941(4) of the Code; 3) shall not retain any excess business holdings as defined in Section 4943(c) of the Code; 4) shall not make any investments in such manner as to subject it to tax under Section 4944 of the Code; and 5) shall not make any taxable expenditures as defined in Section 4945(4) of the Code. ARTICLE XIV: TERMINATION Upon termination of the Corporation, the title to all funds and property owned by the Corporation shall be transferred to the City of Corpus Christi. Margie C. Rose Samuel Keith Selman Mark Van Vleck STATE OF TEXAS § COUNTY OF NUECES § I, the undersigned, a Notary Public, do hereby certify that on this day of personally appeared Margie C. Rose, Samuel Keith Selman, and Mark Van Vleck, who, each being by me first duly sworn, severally declared that they are the persons who signed the forgoing documents as incorporators, and that the statements therein contained are true. IN WITNESS WHEREOF, I have hereunto set my hand and seal of office the day and year above written. Notary Public, State of Texas Review Type B Corporation Steps to Creation Council Presentation January 19, 2018 Steps to Creating Corporation • Voters Approve Tax • Canvass Election Results • Levy Tax • Appoint Board of Directors • File Certificate of Formation • Organizational Meeting • Adopt By-Laws x Steps to Creating Corporation 1 Voters Approve Type B 2 Canvass Election Results 3 Levy Tax 4 Draft By Laws Draft Certificate of Formation 5 Appoint Board 6 File Certificate of Formation 7 Organizational Meeting Adopt By Laws 8 New Tax Begins Option A :u Next Steps • Council Appointed Type B Board of Directors 12/19/17 • Board of Directors included on Certificate of Formation as approved by Council Resolution 01/23/18 • Certificate of Formation filed with Secretary of State • Board Meetings to approve By-Laws and Elect Officers d SC o� � U NORPgRpEO AGENDA MEMORANDUM 1852 City Council Meeting of January 16, 2018 DATE: December 19, 2017 TO: Margie C. Rose, MPA, City Manager FROM: Annette Rodriguez, MPH, Director of Public Health annetter@cctexas.com 361-826-7205 CC: William Milan Uhlarik, MBA, ARM, Assistant Director of Public Health williamu2@cctexas.com 361-826-1348 Preserving the Historical Vital Records of the City of Corpus Christi STAFF PRESENTER(S): Name Title/Position Department 1. Annette Rodriguez, MPH Director of Public Health Health 2. 3. OUTSIDE PRESENTER(S): Name Title/Position Organization 1. 2. BACKGROUND: For the past several years, the Corpus Christi-Nueces County Public Health District (CCNCPHD) has been identifying the significant need to protect and preserve the paper vital records of the City of Corpus Christi from damage and loss by digitizing them, and making them electronically searchable in order to improve greatly the operational efficiency of issuing birth and death certificates to customers who on a daily basis come to the CCNCPHD Vital Statistics Division to request them. Over the years the CCNCPHD has also been discussing a solution for satisfying its requirement of preserving our Vital Statistics and improving operation efficiency by digitizing them. The CCNCPHD asked the company that Department of State Health Services (DSHS) utilized for their Vital Statistics for proposal to undertake such a project because they have a proven track record in the field. They also have a contract with the Texas Buy Board Purchasing Cooperative as a vendor for providing vital records digitizing and retention services. This company offers an effective and sustainable solution for the current vulnerabilities of Vital Statistics better known as Vital Records Office (VRO) and issuing practices by converting the records to digital versions and providing a secure, automated system for issuing state-law-compliant birth and death certificates. Since the CCNCPHD Director of Public Health is also the designated City's Statistics Records Registrar under Texas law is responsible for archiving and formally issuing certified copies of birth and death records which date from the late 1800s to the present; the CCNCPHD recommends that action be taken as soon as possible to digitize the records of Vital Statistics lest they be lost or damaged. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Preserving the Birth and Death Records for City of Corpus Christi r Ribliac Health u.x.»M1 arsrwat. „urk.:. Preserving the Birth and Death Records of the City of Corpus Christi by Annette Rodriguez, MPH, Director of Public Health Council Presentation January 16, 2018 p Presentation Format Riblsc Health 1 ) Introduction 2) Vital Statistics Background 3) Proposed Strategy 4) Estimated Pricing 8, Costs 5) Additional Considerations 2 1) Introduction IV Riblsc Heralth 111-1 12001 - State allowed local jurisdictions to charge an additional $1 per certificate issued to be used in preservation efforts of the birth and death records. The Department of State Health Services (DSHS) started digitizing all birth and death records at that time. 2006 - CCNCPHD Looked into the cost of digitizing birth and death records and found we did not have enough funds collected in the coffers. Had ca. $72,000 at that time, cost was approximately $1 M+. Fast forward to 2019 - New program "TxEver" will be implemented by DSHS and local offices will have access to all birth and death records that the State of Texas has digitized. This includes those "local" records imaged by DSHS from 2001 to the present. Our local office still has birth and death documents from prior to 2001 that have not been digitized. :u 2) Vital Statistics Background P�b�eHealth 111-1111-1-1,11-1-A $ Vital statistics are not only valuable historical assets, they provide over $400,000 revenue to the City of Corpus Christi from the certificates issued annually. Every year there is an average of 6,300 births and 3,000 deaths. Birth certificates, death certificates, name changes, proof of paternity or other amendments are requested. These records are kept at the Health District. $ An estimated 80,000 records from the late 1800s to 1954 are in bound volumes and require special cutting from the book for processing and then rebinding after conversion. The proposal discussed today, does not addressed preservation of these records. $ The records we are looking to image would be from 1955 to 2000, approximately 45 years of records. �d 3) Proposed Strategy Riblsc Health Because of the significant costs of overall conversion needs $1 M+, the CCNCPHD was considering a 4 year proposal of approximate 550,000 records. Year 1: 1. Onsite conversion scanning infrastructure 2. Onsite conversion of the first - 100,000 records Years 2 - 4: Conversion of approximately 450,000 remaining records with accurate placement in the new automated archiving system for secure search, retrieval and certificate issuance as needed. 4)Estimated Pricing and Costs (4 Year Project) PobU cHealth uuuiiiiil pi i p uuu�uui uuu uuu�uui uuuii uuu�uui Vuuii uuuyuu a puuuiui ugipu IIIIIIII�IVi�a uuuuuuuuuiuuiillp II uuul uu um„„.,. uuumuuuuuu lieu ui uiiumimV IIIIIIIII IIIIVIIII ui uiiumimV umium IIIIVIIII ui uiiumimV uum uum uuuuuu�uum a Iluuuu uuu uuuuuuuuul No. of Records Converted: 100,000 150,000 150,000 150,000 550,000 Price per Record: $1.75 $1.75 $1.75 $1.75 Records Conversion Cost: $175,000 $262,500 $262,500 $262,500 $962,500 Technical Programming Cost: $100,000 $25,000 $25,000 $25,000 $175,000 Total Cost: $275,000 $287,500 $287,500 $287,500 $1,137,500 6 4)Estimated Pricing and Costs IV (4 Year Project) continued.... Riblsc Health 11 uuuyuu I qpl uuuyuu ul uuuyuu ul uuu�llul uuu puuulu uuuuuuuuuuuuuuuuuulpul uu�uuuuuuuupiiuiiiiiiii IIIV :„er .m .im ii m.. (IIIIIIIIII (III VIII IIIIIIIIIII IIIIII���d� IIIIIIIIII IIIIIIII IIIIII VIII 1111111 IIIIIIIIII IIIIIIII IIIIII VIII (IIIIIIII IIIIIIIIII IIIIIIII IIIIII VIII 111111 IIIIIIIIII III IIIIIIIIIIIIIII VIII IIIIIIIIIII 1111111 IIIIIIIIIIIIIIIIII6����� Grant Total Cost: $275,000 $287,500 $287,500 $287,500 $1,137,500 Actual Available Funding: (346,072) (91,072) Estimated Funding Collected from Fees: ($20,000) ($20,000) ($20,000) ($20,000) ($80,000) Est. Funding Shortage/ (Surplus): ($91,072) $176,428 $267,500 $267,500 $620,356 5) Additional Considerations �H :Z 2019 TxEver Program; no longer need to image documents from 2001 to the present. :Z Conducting an in-house study to see frequency of records accessed from 1955 to year 2000. :Z Researching Laserfiche as a viable option. :Z Re-evaluate options for preservation of these records. w]� Riblsc Health QUESTIONS? SC o� � U NORPgRpEO AGENDA MEMORANDUM 1852 City Council Meeting of January 16, 2017 DATE: January 12, 2018 TO: Mayor and City Council FROM: Margie Rose, City Manager MargieR@cctexas.com Corpus Christi Fire Department Staffing Update STAFF PRESENTER(S): Name Title/Position Department 1. Margie Rose City Manager City Manager 2. Sylvia Carillo-Trevino Assistant City Manager City Manager 3. Eddie Houlihan Director Management and Budget 4. Robert Rocha Chief Fire Department BACKGROUND: The purpose of this item is to continue the conversation requested by Council, regarding Fire Department Staffing. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Fire Department Staffing Corpus Christi Fire Department Staffing Update January 16, 2018 V Background During the December 12, 2017 City Council meeting, direction was given to the City Manager to consider the following Fire Department staffing options: • 5 per year for 3 years also known as 5/5/5 • 9 in year 1, 3 in years 2, and 3 in year 3, also known as 9/3/3 • Alternate Option: 6 in year 1, 5 in year 2, 4 in year 3, also known as 6/5/4 N , Existing Obligations • Collective Bargaining Agreement (CBA) • 3% wage increase & $300 per year increase for Certified Paramedic in Fiscal 2018-2019 per current Agreement • 4% wage increase in Fiscal 2019-2020 per current Agreement • Increased Healthcare Costs • Increases in healthcare costs outpace increases in premiums :u ` / N Additional Staffing 5/5/5 Plan 5/5/5 Plan Yr 1 $ 550,723 $ 550,723 Yr 2 $ 580,804 $ 568,233 $ 1,149,037 Yr 3 $ 619,310 $ 603,095 $ 590,041 $ 1,812,446 5 5 5 15 1 Fire Captain I 1 Fire Captain 1 Fire Captain 3 Fire Captains 1 Fire Engineer I I 1 Fire Engineer I I 1 Fire Engineer I I 3 Fire Engineers 3 Fire Fighters I I 3 Fire Fighters I I 3 Fire Fighters I 9 Fire Fighters �tl Po-ten-tial Budgetary Impact 5/5/5 Plan 5/5/5 Plan FY 18-19 FY 19-20 FY 20-21 Yr 1 Yr2 Yr3 Revenue Options: Increase Needed from the General Fund $ 550,723 $ 1,149,037 $ 1,812,446 User Fee Increase* TASPP Dedicated Funds** Total Revenue $ 550,723 $ 1,149,037 $ 1,812,446 Expenses Reduction of Service in the General Fund $ 550,723 $ 1,149,037 $ 1,812,446 Total Expenses $ 550,723 $ 1,149,037 $ 1,812,446 *Requires Council Approval **Requires Annual Congressional Appropriation Additional Staffing 9/3/3 Plan 9/3/3 Plan Yr 1 $ 997,587 $ 997,587 Yr 2 $ 1,051,566 $ 332,662 $ 1,384,228 Yr 3 $ 1,065,579 $ 352,939 $ 355,902 $ 1,774,420 9 3 3 15 2 Fire Captains 1 Fire Captain 3 Fire Captains 2 Engineer I I 1 Engineer I I I 3 Fire Engineers 5 Fire Fighters 2 Fire Fighters 2 Fire Fighters 9 Fire Fighters (i " A Po-ten-tial Budgetary Impact 9/3/3 Plan 9/3/3 Plan FY 18-19 FY 19-20 FY 20-21 Yr 1 Yr2 Yr3 Revenue Options: Increase Needed from the General Fund $ 997,587 $ 1,384,228 $ 1,774,420 User Fee Increase* TASPP Dedicated Funds** Total Revenue $ 997,587 $ 1,384,228 $ 1,774,420 Expenses Reduction of Service in the General Fund $ 997,587 $ 1,384,228 $ 1,774,420 Total Expenses $ 997,587 $ 1,384,228 $ 1,774,420 *Requires Council Approval **Requires Annual Congressional Appropriation Additional Staffing 6/5/4 Plan 6/5/4 Plan Yr 1 $717,434 $717,434 Yr 2 $752,038 $535,869 $1,287,907 Yr 3 $761,380 $571,266 $445,103 $1,777,749 6 5 4 15 3 Captains 3 Captains 3 Fire Engineers I I I I I 3 Fire Engineers 5 Fire Fighters 4 Fire Fighters 9 Fire Fighters w=� d Potential Budgetary Impact 6/5/4 Plan 6/5/4 Plan FY 18-19 FY 19-20 FY 20-21 Yr 1 Yr2 Yr3 Revenue Options: Increase Needed from the General Fund $717,434 $1,287,907 $1,777,749 User Fee Increase* TASPP Dedicated Funds** Total Revenue $717,434 $1,287,907 $1,777,749 Expenses Reduction of Service in the General Fund $717,434 $1,287,907 $1,777,749 Total Expenses $717,434 $1,287,907 $1,777,749 *Requires Council Approval **Requires Annual Congressional Appropriation 9 _ Options Summary FY 18-19 5550.723 5997,567 5717,434 FY 19-20 51,149.037 51.384.228 51.287,907 FY 20-21 51,812.446 $1,774,420 51,777,749 iocai 53,512.206 S4.156.135 53.783,090 Proposed Revenues* 1111111 IIIIIIIII I r IIIIIIIIIIII Ilii. .� (III � (IIIIIIIII II I Ilii. .� � IIIIIIIII I IIrIIIIIIIIIIIIIIIIIIIV Ilii. .� ul�ul uuuullluuu�uu17u u�ul luuu�u uuuu ulu iuu uuu uul iu�uul uuuuul uuul uullllll�uu uuuu uul lu�ul uu uuuuuu uul uuuuul uuul ulu iuu uuu uul iu�uul uuuuul uuuul Texas Ambulance Supplemental $1,677,383*** $2,012,860 $2,012,860 Payment Program Increased User Fees**** $3,298,117 $3,429,903 $3,429,903 • *As per Fire DepartmentAdministration.Current revenue projections include improved efficiency of Intermedix, the new billing company. • **Requires Annual Congressional Appropriation • ***10 Month Participation • ****Requires Council Approval 1 1. Potential Reductions from the General Fund • Contracting Out other General Fund Services • Partnerships with other Agencies (County, State, TAMUCC, other area cities) • Reduction of Services 12 S Year Revenue History Ss7.17,1700,1700.170 5 Year Revenue History $x;,000,000.00 $4,000,000.00 S>�,I�I�o,000.00 Ss(2,000,000.00) Ss(4,000,000.00) 207.3-2.07.4(7.4. 2.(77.2:2.(77. month} 2014 2015 2.(77..`r-2.(77.0 2.(77.0.2.(77.7 2.(77.7-2.(77. YT C? Budget $5,765,2.72_00 $7,787.,797._00 $6,665,972_00 $6,660,472_00 $6,639,772_00 $6,57.0,772_00 111111111 Actuals $7,02.3,607._48 $7,597,256.45 $56,785,957.67 $6,079,505.06 $5,2.57,7.00.67.. $7.,47.5,762.63 IIIII Variance $7..,2.58,52.9.48 $S(7..84,554,55) $1...1...9,985.67 $(587..,7.68.94) $(7..,5732,677...59) $(5,095,009.57) Budget vs Actual - A 5 Year History IFfire Department 5 Year Budget IHistory $70,Or7Q7,Or7r7 $60,000,000 $50,000,000 $40,000,000 $:70,000,000 $10,000,000 $7.0,000,000 1.07.1.-107.5 107.5-1.07.1 107.1-1.07.5 1.07.r-1.(77..6 1(77..6-1.(77..7 4 Budget $47,556,957 $57,483,387 $51,047,628 $53,296,747 296,747 $54,842,862 IIIIIIIII Actual $47,649,461... $55,896,627 $49,898,661... $54,62.2,867 $54,81...8,244 *Unaudited 1�tl QUESTIONS? se w �a 0 H v /rypOBPOFPEO AGENDA MEMORANDUM 1852 City Council Meeting of January 16, 2018 DATE: January 9, 2018 TO: Margie C. Rose, City Manager FROM: Keith Selman, Assistant City Manager Keith Se cctexas.com 361-826-3898 Bayfront Master Plan STAFF PRESENTER(S): Name Title/Position Department 1. Keith Selman Assistant City Manager Executive 2. Dan McGinn Director ESI/Planning BACKGROUND: A comprehensive history of action, presentations, and activities related to the Bayfront Development and Shoreline Road north of Cooper's Alley. The temporary opening during the holidays has provided a window to garner some insight of driver demand. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Bayfront Master Plan Bayfront Master Plan cuqpius C�hr�sb� �� X Clity Couiincd1 II:'a li fli iin 1/16/18 Bayfront Timeline (Phase 3: Area) 2008 to 2018: • 2008(November)2008 Bond Election(approving phase 3-road realignment and park improvements) • 2009 Coliseum RFP—Round 2—Brass Development(No Action-ceases Nov.2009) • 2009(November)City Council takes action to demolish the Coliseum • 2009(November)-Destination Bayfront Concept Introduced to City Council • 2010(June)—Coliseum Demolished • 2010(May)—HDR selected to design Phase 3 • 2010-City Council approves resolution of support for Destination Bayfront • 2011(December) -Heargreaves&Associates selected as design team for Destination Bayfront concept. • 2010-2013—Multiple Design concepts for Shoreline realignment and Park Area considered. • 2013 (August) -Bay Ltd.awarded phase 3 construction • 2013(November) -Destination Bayfront Defeated • 2014(January)-City Council Presentation(Where do we go from here?) • 201S(February) Phase 3 of Shoreline opens • 2016(March) Phase 3(Bond 2008)Park Improvements approved(Design/Build) • 2016(May) Phase 3 Park Improvement(Stakeholder meeting) • 2018 Phase 3 Park Improvements Completed 2 Bond 2008 Ballot Language (Proposition No. 7) PROPOSITION N.7 BAYFRONT MASTER PLAN PROJECT FOR AGAINST Shall the City Council of the City of Corpus Christi,Texas,be authorized to issue, in accordance with law at the time of issuance„the public securities of the City,in one or more series or issues,in the aggregate principal amount of$1.3,000,000.00 with the public securities of each such series or issues„respectively„to mature serially or otherwise within not to exceed forty years from their date, and to he sold at such prices and bear interest at such rates,as shall be determined within the discretion of the City Council,far the acquisition of land and the construction of perinanent public improvements for the Bayfront Development Plan,including, without limitation, constructing, reconstructing, restructuring and extending the streets,thoroughfares,sidewalks,streetscapes,collectors,and storm drains along Shoreline 'Drive, developing parks and recreational, facilities along Shoreline Drive,and related public improvements,;,INCLUDING: *BAYFRONT DEVELOPMENT PLAN PHASE 3, *AND OTHER BAYFRONTIMPROVEMENTS; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes on all taxable property in the City in an amount sufficient to pay the annual interest on said public securities and provide a sinking fund to pay the public securities at maturity? 3 Bond 2008Pro osition No. 7 � p The following BOND 2008 RECOMMENDED BAYFRONT MASTER PLAN PROJECT PROPOSITION SEVEN: description was SEO# PROJECT VALUE provided in the 59 Bayfront Development Plan Phase 3 S 13,000,000 supplemental The Bayfront Imp iemerrttation Pian piovlde>for the relocation of traffic lavers information provided iNand away frrrrn the water. The irealignment will begin near Coopers Alley and continue south until they merge back to the current Shoreflne alignment to the public. sout➢a of McNee Beach m the vicinity of Furman and Buford. The realignment wwiPl reduce the number of traffic lanes frovrn tyre curMnt three lane's in each direction to two lanes in each direction_ This phase of work rr�� provides ca Gage pedestrian area(Bayshore Park)strongly connected to the BOND LI L� p water, McGee Beach and the Coopers, Alley L.-Head. The realignment could incVuda.,: Improved access to water features Such as the Seawail FINAL �tep�s, beach and manna without cru �ing multipre lames of traffic, A large public space for corrrraacuaaty events}, concerts festivals and other special events, PubOic amenities and the necessary utility connections and lighting PROJECT to support such events. LIST TOTAL PROPOSITION SEVEN-BAYFRONT MASTER PLAN PACKAGE $ 13,000,000 /tl ; Bayfront Master Plan • Adopted July 27th, 2004 by Ordinance 025880 • Phase 1 approved in Bond 2004(Completed April 2010) Zone Shoreline Waterfront r � hood Parks �x x� � Drive and Nei hbor r Zone C ' r South Bayfront i Memorial ParkAwl. 2004 Zone A Zone D North Bayfront Park Enhanced Marina Bayfront Master Plan (Media Reports) rr Media reports following J I,, ��� ���� � � approval of the Bayfront ��,�i � �� ' .� f' � master plan in 2004 showing f /// j/ � �e„ ne the realignment of Shorelinesign boulevard. ,flay ��/r; �.ro%YN fY r IfWwt�yiar tiu mwxirWtttJ.i 9unaN+urnrRp' ;; m� /�o'r i r YrWNi�Clii�n � Ofrnu UVi^rs�a YuikU4Fu Y r I��r'�� �� YJ J ur°w 8� � � ,w w* J�/ ' r.1�iJr✓i �, r r aJ �'. l �� a I7GrA/✓rJ�/ J � i i; (i Shoreline Realignment -Phase 3 Approved Bayfront master plan i0i " highlighting the phase 3 section. �w �r 1� May 18th, 2010 City Council presentation � � T awarding design contract to HDR. �. � � uu �i'po1,JJJY9 Shoreline Realignment Options Corpus Chr`sti Engineering 1/21/14........ Cli"ty Couunddl III ii sii li ii IV IV iiM d qp'bun 1 , IV B III::...)es'b'inatanVate, N�n Increase the size of this median(due to AEP bank and Shift the median to the west between vaults in the current median location)and move the single the north bound and south bound north bound lane to the east(water)side and combine it with lanes. There will still be two lanes in the other NB lane. There will still be two lanes in each each direction.No left turns would be direction.This would require additional space from the park allowed from the private property. (12 ft or about%acre). Additionally,there would be no left turns allowed from or to Broadway&Born or any private driveway . • Option 1:Median shift and removal of back in parking.(:01 mlz) (Approved 1/21/14) • Option 2:Median shift and keep both back in parking aisles.(:01 $50K) 8 Bayfront Master Plan, Ph 3- Park Corpus Chr stip Exhibit also used 0a ShQmef"aI'�C in March 2015 �� 7ri�";� //�� �� �rl (✓7ri l l�'�' '� �r rrc fi�'�IV i,o j �� City COUIICIl presentation concerning all �i � � � 0� t rm ��j 1 � ✓�✓� p �� (( � Ir MIS' � J i i'`�i ''✓e'r,� ///t% �� i� m update on PN 3. Pl�uv9yirs" Restrooms y r u i r '"G✓��r i� rr/l,ii '� i/ri �% � /�j l'f% �, r «� ��1 � r"rk�i' ���tjJl��' d i� t�� m f r rNui���d ., r pr r ,,. r � m�mmommuitinrwwm�mmuotiuoa��m CanverSion of SMoreliroe, J �) » C nA ChA n r ry Yn R n p P*� nC fiir.l Perk PI,1 28&35 J Proposed Conceptual Plan i�V ua,SOrOUdd Award (FUH:M) f0ir BayfiroW Park -Mairclln2016) CorpuaEngihr ing :;34�I41 YVd L�'�Y�'[=1Tf]PJS I'fM1IiIC.,f'.1'fV YWf 4..}N 10`L F?3 t"'„M 1[iIH�G 10?:X,'aC�: PROPOSED CONCEPTUAL RMASTER.PLAN UUWII010UVI,00MIImIMUIImIIullumiw ^, ��_ IWC SII SHIP II � 1 liIIIIIIIIIIIIIIIIIH .m. � M Ogg M SO������ owl IIIIIII �I��II� � I 10 Phase 3 Park Improvements- Stakeholder outreach Bayshore Park Stakeholder Meeting-May 3,2016-Corpus Christi Art Center. • 31 guests attended the stakeholder meeting. • Project team representatives from the City of Corpus Christi,Gignac Architects,Sasaki,and Olivarri&Associates. • Project funding:$5 million from the Bond 2008 program. Summary of Public Comments: Access on Old Shoreline • Parts of Old Shoreline should be open for emergency access to the Marina,Seawall,and McGee Beach — Note that the plan provides for leaving Old Shoreline open for emergency access,food truck access,runners,etc. • Art Center and boat yard would benefit from additional access from Old Shoreline for deliveries or parking Parking • Fixing existing parking and adding more parking are both very high priorities with the entire group • Already not enough parking,but with new developments there will be increased needs,need to plan for that Bike Infrastructure • Bike share infrastructure may be needed at the park(maybe near where restrooms would be) Sidewalks/Connectivity • Need a continuation of the sidewalk or a crosswalk from Sherrill Park to the Art Center,as it is you have to walk up to Shoreline or down to Old Shoreline to cross.(Needs to be ADA compliant) Lighting • Additional lighting considered to be high priority by group Prioritization Activity- A majority of the group ranked fixing existing parking lots and adding additional parking as a very important priority 1 1. Bollard Installation • Bollard Installation at Coopers Alley area (2015) —Bay Ltd. (Installation occurs before design options are considered for the park area). . 12 Traffic Count Data (Old)Shoreline Drive Traffic Count Data (Dec 14-Jan4) Weekday Average Weekend Average Location Daily Traffic Count Daily Traffic Count (Old)Shoreline at the Y 313 391 (Old)Shoreline North of Coopers Alley 211 260 (Old)Shoreline South of Coopers Alley 74 85 Next Steps • Engage impacted stakeholders to develop recommendations for the space. SC o� � U NORPgRpEO AGENDA MEMORANDUM 1852 City Council Meeting of January 16, 2018 DATE: January 11, 2018 TO: Margie C. Rose, City Manager FROM: Lawrence Mikolajczyk, Director of Solid Waste lawm@cctexas.com 361-826-1972 The Municipal Solid Waste System Service Charge (MSW Charge) STAFF PRESENTER(S): Name Title/Position Department 1. Lawrence Mikolajczyk Director Solid Waste 2. 3. OUTSIDE PRESENTER(S): Name Title/Position Organization 1. 2. BACKGROUND: Update on the MSW Charge since Development Services began a new process of collecting the MSW Charge at the time the permit is issued. LIST OF SUPPORTING DOCUMENTS: PowerPoint— MSW Charge Update i . The Municipal Solid Waste System Service Charge (MSW Charge) Council Presentation January 16, 2018 Background 0 • The charge was adopted by City Council in 2001, by Ordinance No. 024527 • It is designed to cover costs incurred as a result of the generation of solid waste by businesses, industry and residents • Fees are used to support street maintenance, future landfill maintenance, compliance and education programs a Other Citiesmmr. Other cities in Texas charge franchise fees to private commercial haulers • Irving - 5% on gross revenues • Houston - 4% on gross revenues El Paso charges a Residential Franchise Fee • $1.17 per month per house • Generates approx. $2,470,000 per year for the General Fund :u N MSW Charge (t�g�u�BLo�7 On October 9, 2017, Development Services began collecting the MSW charge at the time a permit was issued for Roofing, Demolition, New Residential and New Commercial dwellings. Since the implementation of the MSW charge to the permit process, the City has collected $394,661.45 �d Permit Comparison 2016 vs. 2017 e5n 554 K:, rD; 570 4, 4, S,r 0 305 00 lin 260 200 1714 141 116 ) &1 $1 96 S 71 76 i, 46 SS NN 61 57 61 SS 55 64 19 48 66 ,1 29�23 �� 20 ,2511 2 :f0 94p�(� 24 22 23 L 2 48 25 2g 5640 A7,6L 34 7 14 91.4 9 16 18617 X21 y0 ® �}121112 13 1r2' l7 22 19 12 'lb 1$ X1111 �i vu isl,:tI mmi nd_II�P ®ON I "I �, A �Illl,� .iur ®� � I1U69� wul�d8g82 m4I���o�N�l 2 54 � NC �f111,5 pum Aq-16 Aug-17 .Sens-]6 Sep-17 Ort-15 00-1.7 Nov 1.8 Nov-1 Der-1E Dec-].7 19 Additions and Glernodeling Corm 9,Ac ians6nd RemodelingRes 1111[7emolltion ':Mobile Homes ua New Conrrrrercial In New Residential ®Hesand Corn Roof, VSl7,ns o Roofing Permits 2016 vs. 2017 e s i 0 e n t i a a n 0 C.2 m m e r c i a R q q f s. 8 850 34 800 750 700 650 600 570 550 500 450 400 350 305 300 260 250 184 200 141 1 50 116 VIII 100 55 29 13 50 0 Aug Selp 0 c,t Nov Dec 1111111111112 G0::16 111111111112 G0::1.7 1 F Questions? SC o� � U NORPgRpEO AGENDA MEMORANDUM 1852 City Council Meeting of January 16, 2018 DATE: January 11, 2018 TO: Margie C. Rose, City Manager FROM: Lawrence Mikolajczyk, Director of Solid Waste lawm@cctexas.com 361-826-1972 Bond Sale Request For Additional Landfill Capacity STAFF PRESENTER(S): Name Title/Position Department 1. Lawrence Mikolajczyk Director Solid Waste BACKGROUND: To request authorization to sell Certificate of Obligations (COs) to construct a new Sector at the Cefe F. Valenzuela Landfill. LIST OF SUPPORTING DOCUMENTS: PowerPoint—Sector 3C i . Bond Sale Request For Additional Landfill Capacity Council Presentation January 16, 2018 (I rnre o wr) Y � C mWoW�K a ' tiW;lE N69FMEN'ry �7h' Jw r l/ ..-" � -•�_+ -- �-a.�.`..9 WNR FIX1 Una 1 / FUTURE FOOTPF, � a N .4t r v n < _ oo� Background 0 • Located Approx. 12 miles from J. C. Elliott Transfer Station • 2,273 Acres • 2 Landfill Units • 12 times the volume of Elliott Landfill • 100+ Years Life Expectancy • Highest waste placement at 297ft elevation • Started taking in waste - July 2007 :u / 7 y UG/i na�-u m�I Ogg III!;!!Illilligli ii III iiiiii I Emil i a�wn�xx*wmm'w�ra+' livaa nxa+� n 1 �R N r Erorvvwivnerrl Inc. rH/ a Current Situation r. • Following landfall of Hurricane Harvey Municipal Solid Waste (MSW) tonnage increased by about 17%. We expect the volumes to remain higher than normal through the NEW (post storm) recovery period. • Approximate historical annual airspace utilization: 780,000 CY/year • Estimated Post-storm annual airspace utilization: 835,000 CY/year • Estimated date to reach sector capacity: October 2018 Plan of Action (t�g�u�BLo�7 • Hanson Professional Services was selected through an RFQ to design a NEW Sector for disposal in June 2017 • Design started in FY 17-18 and was subsequently adjusted to incorporate the impacts from Hurricane Harvey o Sector 3C was selected as the next disposal cell ➢ Area = 30.8 Acres ➢ Disposal Capacity = 4,800,000 CY ➢ Estimated Life = 5 years • Funding Mechanism: o Certificates of Obligation (COs) - $7.5M • Capital Improvement Projects (CIP): o Amend the CIP to accelerate this project c� ,0 Expected Results a�r�Hx.t tri This project will follow a "phased construction approach" to minimize the impacts of a possible overfill. An overfill would require double handling of waste, and authorization from TCEQ. Once the Sector 3C is completed, the overfill would be moved to the New Sector if necessary. \,\5 W Certificates of Obligations ,`!, • Amount requested - $7,500,000 • Will be paid from Solid Waste Revenues • Annual debt payments are estimated to be approximately $516,000 per year for 20 years • Minimal rate increase depends on the 2019 budget process • Required City Council action for Certificate of Obligation's o City Council date for the Design Contract is set for January 23rd w=�