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Agenda Packet City Council - 02/27/2018
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, February 27,2018 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 Chuck Goodwin, Fish for Life Ministries. C. Pledge of Allegiance to the Flag of the United States to be led by Robert Rocha, Fire Chief. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 18-0251 Proclamation declaring February 27, 2018, "IHOP's National Pancake Day and Shriners' Hospitals for Children Day". Proclamation declaring March 3, 2018, "10th Annual Festival of India and Community Health Fair Day". Proclamation declaring the week of March 4-10, 2018, "Women in Construction (WIC) Week". Proclamation declaring March 6, 2018, "Lymphedema Awareness Day". Proclamation declaring March 9th, 16th and 23rd, 2018, "Fill-The-Boot for City of Corpus Christi Page 1 Printed on 2/26/2018 City Council Meeting Agenda-Final February 27,2018 the Muscular Dystrophy Association Days". Arts and Cultural Commission Will Recognize the 2018 Arts Grant Recipients with a Check Presentation. Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. WASTEWATER RATE UPDATE b. OTHER G. MINUTES: 2. 18-0249 Regular Meeting of February 20, 2018 and Workshop Session of February 15, 2018. Attachments: Minutes- February 20,201$ Minutes- February15,2018 Workshop H. BOARD &COMMITTEE APPOINTMENTS: (NONE) 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 2/26/2018 City Council Meeting Agenda-Final February 27,2018 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 3 -7) 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. 3. 18-0194 Resolution recommending restoration of funding to the Texas Commission on Environmental Quality for air quality monitoring and mitigation programs for near non-attainment communities to remain in compliance of federal ozone standards Resolution to recommend restoration of funding to the Texas Commission on Environmental Quality for air quality monitoring and mitigation programs for near non-attainment communities essential to remain in compliance with the National Ambiant Air Quality Standards (NAAQS)for ozone established by the United States Environmental Protection Agency through the Clean Air Act. Attachments: Agenda Memo-TCEQ air quality monitoring funding Resolution TCEQ air quality funding General Appropriations Act 2016-2017 TCEQ Air Quality Rider General Appropriations Act 2018-2019 Vetoed Rider Governor's Veto Statement on TCEQ Air Quality Funding 4. 18-0179 Eight-Month Service Agreement for the purchase and installation of field lights for Ben Garza Park Motion authorizing an eight-month service agreement with Musco Sports City of Corpus Christi Page 3 Printed on 2/26/2018 City Council Meeting Agenda'Final February 37.3O10 Lighting, LLC. ofOaka|oaaa. |ovva. for the purchase and installation of field lights at Ben Garza Park for an amount not to exceed $303.680 via BuyBoand. Attachments: Agencla-Memo-Rield Lights for Ben Garza Park Info rmalStaff_Report_-_02.22.1 8_-Maintenance Costs- Field Ughts_for_Ben__Gar2 Price Sheet- Reld Li_qhts_forBen Garza Park Se rvice__Aqree me nt-Field Li_qhts_for Ben Garza Park Final 5' 1R8-{%2{5i Resolution authorizing an Interlocal Agreement fora city-wide storm water survey Resolution authorizing the execution of an Interlocal Agreement with Texas A& M University - Corpus Christi in the amount of$8,450 for a city-wide storm water survey. Attachments: Agenda Memo- Interlocal Agmt for Stormwate ILA Storm Water Survey TAMU Q 2018 6. 1R8-8.K51i Construction Contract for the Naval Air Station Corpus Christi (ydASCC) Fence Replacement Project(K0i|itmryRevo|ving Fund) Motion authorizing a construction contract with Clearfield Construction, LLC of San Antonio. Texas in the amount of$298,007.40 for the Naval Air Station Corpus Christi (NAGCC) Fence Replacement project for Base Bid and Additive Alternate No. 1 (Military Revolving Fund) Attachments: Agenda Mem - NAS Perimeter Fence-FINAL Project Budget- AS Perimeter Fence Presentation- NAS Perimeter Fence Letter of Recommendation NAS Perimeter Fenc 7. 17-K083 Second Reading Ondinanoe -Aooepting and appropriating two grant agreements from the State to construct a new water pipeline toNaval Air Station Corpus Christi and perimeter fencing and access control gates for the Corpus Christi Army Depot(1st Reading 2/20/18) Ordinance authorizing acceptance oftwo grant agreements totaling $6,016,014 from the Office of the Texas Governor to construct a new water pipeline toNaval Air Station Corpus Christi and construct perimeter fencing and access control gates atthe Corpus Christi Army Depot, appropriating into the Water Grants Fund and the Community Development Grant Funds and providing $270.001 as in-kind local match. Attachments: Agenda--Memo_-__DEAAG__grant__a_qreement 022718 City v,Corpus oouoo Page Printed vnuzmzmo City Council Meeting Agenda'Final February 37.3O10 DEAAG NASCC Contract-2018-City of Corpu Christi Final DEAAG Exhibits NASCC water lin QEAAG FY17-18, CAD Letter DEAAG Contract-2018-City of Corpus Christi QQAQ Security Fencing 01-17-18 QEAAG Letter Reqardin�g Offer Letter L. RECESS FOR LUNCH The City Council will take alunch break adapproximately/:3Np.m. M. PUBLIC HEARINGS: (ITEM 8) 8. 1K8-025,4 Public Hearing and First Reading Ordinance -Rezoning fora Property located at 12750 Hearn Road Case No. 0118-01 AEP Texas, Inc.: Achange ofzoning ''RG-O^ Single-Family O District tothe ''|H^ Heavy Industrial District. The property is described as Hearn Addition Annex, Lot 1. located on the north aide of Hearn Road, west ofCaUiooatte Road, and east ofLeopard Street. Planning Commission and Staff Recommendation (January 24, 2018): Approval of the change of zoning from the ''RG-O^ Single-Family O District tothe ''|H^ Heavy Industrial District. Case No. O118-01: Ordinance rezoning property at1275OHearn Road from "RG-O" to "|H" and amending the Comprehensive Plan. Attachments: Agenda Mem 0118-01 AEP Ordinance 0118-01_AEPTexas Inc with Exhibit Presentation 0118-01 AEP Texa_s__Inc. N. REGULAR AGENDA: (ITEMS 9 - 10) The following items are motions, resolutions and ordinances that will boconsidered and voted onindividually. 9' 1R8-{ 1.[7 Second Reading Ordinance -Ammending the Wastewater Collection System Master Plan to move flows to Airline Lift Station (1st Reading 2/20/18) Ordinance amending Wastewater Collection System Master Plan, [}ao W.R.P. Service Area, Sub Basin SPA 30; amending Comprehensive Plan; City v,Corpus oouoo Page Printed vnuzmzmo City Council Meeting Agenda'Final February 37.3O10 and providing publication. Attachments: Agenda Mem -Wastewater Master Plan Amendment-OSO W.R.P. Service ArE Ordinance-Wastewater Master Plan Amendment-OSO W.R.P. Service Area & Presentation-WW CoIllection Line Master Plan Amend-Legi tar. PPT 10. 1R8-8237 Resolution to amend 2O16Resolution authorizing emergency procurement for water quality improvements Resolution amending Resolution O3O9O5toincrease amount authorized for water quality improvements by $199.005for revised total of$2,919,065. Attachments: Agenda__Memo_-_amendin_q 030905 to increase amnt for WQjmp__projects Resolution w/Master List-amendin_q_030905__to_increase amountforwater_qual 0. BUDGET RELATED ITEMS: (ITEMS 11 - 14) 11. 1D8-0%250 First Reading Ondinanoe -AmmendingtheCode ofOrdinances to increase alarm permit fees and adopt new animal oanm service fee schedule Ordinance amending Corpus Christi Coda to inoramaa m|mrnn permit fees; and adopting new animal care service fee schedule. Attachments: Agenda memo-fee study im lementation alarms and animal care 02.27.2018 Ordinance- Fee Increase-Police Animal Fees FY 2017-2018- Final 12. 1R8-8271First Reading Ordinance - Emergency Medical Services Recommended Fee Changes Ordinance amending Corpus Christi Code toadopt ambulance rates schedule and toincrease ambulance service permitting fees. Attachments: Agenda Mem - Fire EMS Fe Ordinance-Ambulance Fee Schedule 2018 Presentation- EMS Fees 13' 1R8-0%274 Resolution for Fiscal Year 2O17-2O18 Parks and Recreation fees Resolution amending and adding new parks and recreational use fees. Attachments: Agenda Mem - FY18 New Fees Parks and Recreation FINAL 02.23.18 Resolution -FY18 Fee Schedule- Parks Recreation Parks& Recreatioa De2artment FY 18 Fees and Parks and Recreation Exhibit A Fee Study Recom endations City v,Corpus oouoo Page Printed vnuzmzmo City Council Meeting Agenda'Final February 37.3O10 14. 1R8-8273First Reading Ondinanoe -AmnendingtheCodeofOndinanoes regarding Library fees toincrease the photocopy fee Ordinance amending section 2-79ofthe code ofordinances regarding library fees to increase the photocopy fee and provision for administrative fee increases. Attachments: Agenda Mem Fee Increase 2018 Ordinance- Fee Increase-Library 2018 P. FIRST READING ORDINANCES: (ITEMS 15 - 16) 15. 1R8-8.U82� First Reading Ondinanoe -Appnopriating $249,55Ofrom the Arena Facility Fund for the Arena WiFiEnhancement Project Ordinance appropriating $249,550 from the unreserved fund balance of the Arena Facility Fund for avvi-fienhancement project attheAnnerioanBank Center; and amending the operating budget. Attachments: Agenda Mem -Arena Wi R Enhancement Ordinance-ABC WiR Project Budget- BC WiR TSA Quote-ABC WiR 16' 1D8-0%244 First Reading Ondinanoe -Appnopriatingfundsfornegotiations related to the City's Sanitary Sewer System Ordinance appropriating $579.8OOinthe Wastewater Fund and authorizing up to $325,460 for legal, engineering, and consulting services for negotiations with federal and state regulatory authorities related to the City's sanitary sewer system and acontingency ofupto $254.4OOinthe event ofpre-agreement litigation related tosaid system; amending the budget; and de-authorizing $1.142.7OOpreviously authorized aaa contingency for said litigation. Attachments: Agenda Mem -SSO services Ordinance 02-15-2018 for SSO consultant services draft Q. FUTURE AGENDA ITEMS: (ITEMS 17 -20) The following items are for Council's informational purposes only. Noaction will botaken and nopublic comment will bosolicited. 17. 1R8-8{}44 Construction Contract for the new Beach Operations Building Motion authorizing a construction contract with Abba Construction, LLC of City v,Corpus oouoo Page Printed vnuzmzmo City Council Meeting Agenda'Final February 37.3O10 Laredo, Texas in the amount of$399,777 for the New Beach Operations Building. (Capital Outlay) Item Detail -New Beach Operations Building Project Budget- Beach Operations Facility Presentation- Beach Operations Building Letter of Recommendation- Beach Operations Building 18. 1D8-{X}43 Professional SernioesContnmot - Repairson Marina Breakwater at K0oKSee Beach (Capital Improvement Program) Motion to execute a professional aen/ioea contract with Lockwood, Andrews & Nevvnann. Inc. of Corpus Chriad. Texas in the amount of $249.215for the Repairs onMarina Breakwater atMcGee Beach project for the Survey, Design, Bid and Construction Phase services (TypeA Funds). Attachments: Executive SummaLy_:�Reairs�on Marina Breakwater at McGee Beach IteM Detail -Re2airs on Marina Breakwater at McGee Beach PrgL�1����a Breakwater Presentation_-Repairs at Mari na__Brea kwater.pptx Contract- El 6318 LANRepairson Marina Breakwater SIGNED 19. 1D8-0%259 Resolution for publication of Notice of Intention to issue Certificates of Obligation for Solid Waste System Improvements Resolution bythe City Council ofthe City ofCorpus Christi, Texas, authorizing and approving publication ofNotice ofIntention toissue not more than $7.500.000 in Certificates of Obligation for Solid Waste System improvements; complying with the requirements contained in Securities and Exchange Commission Rule 15o2-12; and providing aneffective date. Attachments: Agenda Mem N01 for Solid Waste Resolution Notice of Intention for Solid Waste CO's 20' 1D8-{%26k] Resolution for publication of Notice of Intention to issue Certificates ofObligation for Street and Facility Improvements Resolution bythe City Council ofthe City ofCorpus Christi, Texas, authorizing and approving publication ofNotice ofIntention toissue not more than $11.650.000 in Certificates of Obligation for certain street and facility improvements; complying with the requirements contained in Securities and Exchange Commission Rule 15o2-12; and providing an effective date. City v,Corpus oouoo Page Printed vnuzmzmo City Council Meeting Agenda-Final February 27,2018 Attachments: Agenda Memo NOI for Solid Waste final Resolution Notice of Intention for Street and Facility CO°s R. BRIEFINGS: (ITEMS 21 -24) 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. 21. 18-0213 Public Private Partnership by Financial Advisor Noe Hinojosa Attachments: Agenda Mem - Public Private 22. 18-0183 United Corpus Christi Chamber of Commerce Recommendations for Funding of Residential Streets Attachments: Executive Summary-Chamber Committee Recommendations Briefim.docx Presentation- UCCC Residential Street(022118) REV.pdf 23. 18-0221 North Beach Redevelopment Initiative Attachments: Agenda Memo-North Beach Redevelopment Initiative Presentation- North Beach Redevelopment Initiative Exhibit A-North Beach Redevelopment Initiative Alternative 1 Exhibit B-North Beach Redevelopment Inifiativ Alternative 2 Exhibit C-CIP Map Exhibit D-CIP List 24. 18-0253 Affordable Housing Draft Policy Attachments: Agenda Memo-Affordable Housing Policy Presentation-Affordable Housing Final Affordable Housing Policy and Program Initiatives-Final S. EXECUTIVE SESSION: (ITEMS 25 -27) 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. 25. 18-0256 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 property in/near City of Corpus Christi Page 9 Printed on 212612018 City Council Meeting Agenda-Final February 27,2018 Violet Park (4301 Violet) and/or Creekway Park (7306 Prairie) and/or Congress Park (4017 Capital Drive) and pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property at/near the aforementioned locations if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. 26. 18-0258 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/wrongful death claims against the City by the surviving family and estate of Al William Grunow as a result of personal injuries sustained by Al William Grunow on or about October 16, 2017. 27. 18-0275 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 collective bargaining matters in the Agreement(s) with the Corpus Christi Professional Firefighters' Association and the Corpus Christi Police Officers Association and/or other legal matters related to health care benefits. T. 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. U. ADJOURNMENT City of Corpus Christi Page 10 Printed on 2/26/2018 w 1201 Leopard Street City of Corpus Christi td� � Corpus Christi,TX 78401 �I b, 4 cctexas.com Meeting Minutes City Council Tuesday, February 20,2018 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 11:31 a.m. B. Invocation to be given by Rabbi Mary Eckroos, Kehilat B'nai Shalom. Rabbi Mary Eckroos gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Miles Risley, City Attorney. City Attorney Miles K. Risley 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. (Council Member Lindsey-Opel arrived at 11:36 a.m.) Charter Officers: City Manager Margie C. Rose, City Attorney Miles K. Risley,and City Secretary Rebecca L. Huerta. City of Corpus Christi Page 1 Printed on 2/23/2018 City Council Meeting Minutes February 20,2018 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. Recognition of Mr. Gustavo Lujan for City Hall Beautification Efforts. Mayor McComb and Council Members recognized Mr.Gustavo Lujan for his City Hall Beautification Efforts. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb referred to City Manager's Comments. City Manager Margie C. Rose reported on the following topics: a. OTHER 1) Beginning next week,the pilot of the new agenda memo process will begin with the Engineering Services Department for four weeks.The changes to the Engineering Services Department's agenda memos will include: changing the title of Agenda Memo to Executive Summary and inclusion of a second document labeled"Item Details". The changes were made with feedback from City Council,the City Secretary,and the Agenda Coordinator.2)The Engineering Services Department is hosting a public meeting related to Bond 2014,Yorktown Boulevard Improvement Project from Lake Travis to Everhart Road,on Thursday, February 22,2018 at 5:30 p.m.at Yorktown Baptist Church located at 5025 Yorktown Boulevard.3)The Solid Waste Services Customer Guide is available and will be provided to customers in an upcoming utility bill. The guide features pickup schedules for garbage,recycling, brush,and bulky items.Additional guides are available at City Hall,the City's public libraries,and on the City's website at www.cctexas.com.4)City staff is continuing the emphasis on themes.Over the past several months,the theme focus spotlighted the way the City organization has played an integral part in our community. Over the next few months,the City Council will be updated regarding examples of community engagement, kudos from customers,and project completions under the new theme,momentum.City Manager Rose provided real-life examples of the momentum theme including:the cell tower owner, Crown Castle,noted their relief when they installed new facilities in Corpus Christi,thanks to fantastic customer service from the Development Services Department regarding the permitting process;Senior Community Services received a five-star customer review; and residential permit applications have increased 25%from 2017. G. MINUTES: 2. Regular Meeting of February 13, 2018. Mayor McComb called for approval of the minutes.Council Member Vaughn made a motion to approve the minutes,seconded by Council Member Guajardo and passed unanimously. City of Corpus Christi Page 2 Printed on 2/23/2018 City Council Meeting Minutes February 20,2018 H. BOARD &COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Mayor McComb referred to comments from the public.Ted Mandel, 15306 Key Largo Court,spoke regarding the lack of adequate air service in Corpus Christi and requested that the City Council ensure that everything necessary and possible is being done to increase the number of non-stop destinations. Rick Milby,4412 High Ridge Drive,withdrew his previous request for a waiver of permit fees for the Corpus Christi Cross Project and requested an evaluation of the Development Services Department.Mildred Trujillo,4633 Christie Street, Roy Clements,a visiting resident from New Hampshire,and Cheryl Martinez, 2928 Surfside Boulevard,spoke regarding the problem with stray and dangerous dogs in the City and enforcement by Animal Control and the Police Department of existing ordinances. K. CONSENT AGENDA: (ITEMS 3 - 19) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda.Council members requested that Items 6, 11, 12, 13,and 15 be pulled for individual consideration. There were no comments from the public. A motion was made by Council Member Garza,seconded by Council Member Lindsey-Opel,to approve the Consent Agenda.The consent agenda items were 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 3. Periodic Ethics Training for Governing Body City of Corpus Christi Page 3 Printed on 2/23/2018 City Council Meeting Minutes February 20,2018 Resolution amending the City Council policies to add a periodic ethics training. This Resolution was passed on the consent agenda. Enactment No: 031367 4. Sungard Public Sector Software Renewal for reduction of services Motion authorizing reduced software support services from Superion, LLC (formerly, SunGard Public Sector, Inc.) and execution of a new 12-month access fee agreement for$57,000 with one option to extend for an additional 12-month period for a potential multiyear amount not to exceed $114,000. This Motion was passed on the consent agenda. Enactment No: M2018-027 5. Resolution for a Service Agreement for TRAK Fuel Management System Resolution authorizing a one-year service agreement with TRAK Engineering, Inc. of Tallahassee, Florida, as a sole-source and captive replacement part vendor, for maintenance of the fuel management system for a total amount not to exceed $7,553, with nine one-year options for a potential multi-year amount of 75,530. This Resolution was passed on the consent agenda. Enactment No: 031368 7. Service Agreement for Truck Rentals for Water and Gas Departments Motion authorizing a 12-month service agreement with PV Rentals of Corpus Christi, Texas for the rental of 13 trucks for the Water and Gas Department, via BuyBoard, for an amount not to exceed $171,520. This Motion was passed on the consent agenda. Enactment No: M2018-029 8. Two Year Supply Agreement for Sodium Chlorite Solution for the O. N. Stevens Water Treatment Plant for an amount not to exceed $1,404,000, with two additional one-year options and a total potential multi-year amount of$2,808,000 City of Corpus Christi Page 4 Printed on 2/23/2018 City Council Meeting Minutes February 20,2018 Motion authorizing a supply agreement with International Dioxcide, Inc., of North Kingstown, Rhode Island for the purchase of sodium chlorite solution for a total amount not to exceed $1,404,000 for a term of two years, with an option to extend for two additional one-year periods; with a total potential multi-year amount of$2,808,000. This Motion was passed on the consent agenda. Enactment No: M2018-030 9. Supply Agreement for Meter Boxes and Lids Motion authorizing a 36-month supply agreement with Ferguson Enterprises Inc., of Corpus Christi, Texas for Meter Boxes and Lids for the Utilities Department for a total amount not to exceed $289,294.72. This Motion was passed on the consent agenda. Enactment No: M2018-031 10. Service Agreement for Solid Waste Operations for Household Hazardous Waste Disposal for 36-months at a not to exceed amount of$491,118.75, with two one-year options and a total potential multi-year amount of$818,531.25 Motion authorizing a 36-month service agreement with Green Planet, Inc., of Royse, Texas for household hazardous waste disposal for a total amount not to exceed $491,118.75, with two one-year options for a total potential multi-year amount of$818,531.25. This Motion was passed on the consent agenda. Enactment No: M2018-032 14. Second Reading Ordinance - Rezoning Property located at 2882 Holly Road (1st Reading 2/13/18) Case No. 0118-02 ERF Real Estate, Inc. A change of zoning from "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District. The property is located at 2882 Holly Road and described as being a 5.512 acre tract out of Lot 4, Section 3, Bohemian Colony Lands, located on the northeast corner of Holly Road and Richter Street, west of Kostoryz Road, and east of Ayers Street. Planninq Commission and Staff Recommendation (January 10, 2018): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District. Ordinance: City of Corpus Christi Page 5 Printed on 2/23/2018 City Council Meeting Minutes February 20,2018 Case No. 0118-02: Ordinance rezoning property at or near 2882 Holly Road from "RS-6" to "CN-1" and amending the Comprehensive Plan. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031372 16. Second Reading Ordinance - Rezoning property located at 8101 Slough Road (Tabled 1/30/18) (1st Reading 2/13/18) Case No. 1217-02 Dorsal Development, LLC. A change of zoning from "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District. The property is described as being a 19.398 acre tract of land, more or less, a portion of Lot 8, Section 25 and a portion of Lots 1 and 2, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, located north of Yorktown Boulevard, east of Rodd Field Road, and west of Roscher Road. Planninq Commission and Staff Recommendation (December 13, 2017): Approval of the change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Dorsal Development, LLC. ("Owner"), by changing the UDC Zoning Map in reference to the property described as being a 19.398 acre tract of land, more or less, a portion of Lot 8, Section 25 and a portion of Lots 1 and 2, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to "RS-4.5" Single-Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031374 17. Second Reading Ordinance -Appropriating funds from sale of Park properties into the Community Enrichment Fund for park improvements (1st Reading 2/13/18) Ordinance appropriating $1,788,500.16 from sale of park properties into the Community Enrichment Fund for park improvements and related projects. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031375 City of Corpus Christi Page 6 Printed on 2/23/2018 City Council Meeting Minutes February 20,2018 18. Second Reading Ordinance -Appropriating funds for Municipal Court Building Security (1st Reading 2/13/18) Ordinance appropriating $27,347.83 from the unreserved fund balance in the No. 1035 Municipal Court Security Fund for Security Guard Services; amending FY18 Operating Budget. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031376 19. Second Reading Ordinance -Approving the Amendments to the Tax Increment Reinvestment Zone #2 Amended Project and Financing Plans (1st Reading 2/13/18) Ordinance approving the amendments to the Tax Increment Reinvestment Zone #2 amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Two, Corpus Christi, Texas. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031377 6. Wrecker Services for City Owned Vehicles and Equipment (Light Vehicles) Motion authorizing a 36-month service agreement with DRR & RS Inc. -dba Apollo Towing of Corpus Christi, for wrecker services for City-owned vehicles and equipment for a total amount not to exceed $326,662.50. Mayor McComb referred to Item 6,wrecker services for City-owned vehicles and equipment. Director of Fleet Maintenance Jim Davis,Assistant Director of Financial Services Kim Baker, Police Chief Mike Markle,and council members discussed the following topics: issues associated with the previous vendor; concerns that the previous vendor,Momentum,was set up for failure; a council member indicating that Momentum's owner said he felt he had been "hazed"; the importance that all vendors are treated fairly;the term of the contract with the previous vendor; the reason staff is recommending a 36-month service agreement for this item;the financial impact of this contract; the difference in cost between the previous vendor and this contract; the policy that vehicles towed from the beach be checked by Fleet Maintenance; an explanation of the rotation list;whether citizens can contract a wrecker of their choice;the state-required terms in the contract related to verification regarding Israel; the budgetary impact between the contract awarded to Momentum and this contract; orientation,strategy for new vendors doing business with the City;the previous vendors failure to answer calls for service;savings associated with awarding a 36-month contract;and wrecker services being critical to ensure that lanes are cleared expeditiously.There were no comments from the public. Council Member Rubio made a motion to approve the motion,seconded by Council Member Lindsey-Opel. This Motion was passed and approved with the City of Corpus Christi Paye 7 Printed on 2/23/2018 City Council Meeting Minutes February 20,2018 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: M2018-028 11. Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Urban Development (TDHCA) Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as The Avanti at Greenwood to be developed by Avanti at Greenwood, LP. Mayor McComb referred to Items 11, 12,and 13 regarding resolutions in support of affordable housing developments. Director of Housing and Community Development Rudy Bentancourt and council members discussed the following topics: the advantages of approving all three projects;the Texas Department of Housing and Community Affairs process for projects to receive points for their application;the number of units at Casa De Manana Apartments;adding affordable housing inventory versus remodeling projects; local projects competing with projects in other areas of the state; and the projects all being located in District 3. There were no comments from the public. Council Member Rubio made a motion to approve the resolution,seconded by Council Member Hunter.This Resolution was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: 031369 12. Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Casa De Manana Apartments to be developed by TG 110, Inc. This item was discussed in conjunction with Item 11.Council Member Rubio made a motion to approve the resolution,seconded by Council Member Hunter. This Resolution was passed and approved with the following vote: City of Corpus Christi Page 8 Printed on 2/23/2018 City Council Meeting Minutes February 20,2018 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: 031370 13. Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Village at Greenwood to be developed by TG 110, Inc. This item was discussed in conjunction with Item 11.Council Member Rubio made a motion to approve the resolution,seconded by Council Member Hunter. This Resolution was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: 031371 15. Second Reading Ordinance - Rezoning for a Property located at 1645 Clare Drive (1st Reading 2/13/18) Case No. 1217-01 Rey Ramos: A change of zoning from "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District. The property is located at 1645 Clare Drive and described as Woodlawn Estates, Block 5, Lot 1, located on the north side of Williams Drive, east of Airline Road, and west of Rodd Field Road. Planninq Commission and Staff Recommendation (January 10, 2018): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District. Ordinance: Case No. 1217-01: Ordinance rezoning property at 1645 Clare Drive from "RS-6" to "RM-1" and amending the Comprehensive Plan. Mayor McComb referred to Item 15.Interim Director of Development Services Bill Green stated that the purpose of this item is to allow for the construction of two duplexes.Council members,Mr.Green,and Victor Medina,the applicant's City of Corpus Christi Paye 9 Printed on 2/23/2018 City Council Meeting Minutes February 20,2018 representative discussed the following topics:Williams Drive being a C-3 collector street; concerns from the neighborhood regarding:the neighborhood being predominately single-family residential and traffic issues; neighborhoods falling into transition;the development would improve the parcel of land,that currently has an old dilapidated structure on the property,and provide a good housing option for the area;the number of units proposed for the property; and the duplexes being rental property. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Molina.This Ordinance was passed on second reading and approved with the following vote: Aye: 6- Council Member Garza, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Nay: 3- Mayor McComb, Council Member Guajardo and Council Member Vaughn Abstained: 0 Enactment No: 031373 M. PUBLIC HEARINGS: (ITEM 20) 20. Public Hearing and First Reading Ordinance -Amending the Wastewater Collection System Master Plan to move flows to Airline Lift Station Ordinance amending Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Sub Basin SPA 30; amending Comprehensive Plan; and providing publication. Mayor McComb referred to Item 20.Interim Director of Development Services Bill Green stated that the purpose of this item is to amend the Wastewater Collection System Master Plan,for Sewer Plan Area 30,to move flows to the Airline Lift Station.Mr.Green stated that the Planning Commission and staff recommend approval of this item. Council members and staff discussed the following: current operation of Lift Station #13;the cost associated with the project; reimbursement of the collection line from the wastewater collection system trust fund;and a request from a council member to provide the cost for the collection line and the available funds in the wastewater collection system trust fund. Mayor McComb opened the public hearing. There were no comments from the public. Mayor McComb closed the public hearing. Council Member Lindsey-Opel 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: City of Corpus Christi Page 10 Printed on 2/23/2018 City Council Meeting Minutes February 20,2018 Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 N. REGULAR AGENDA: (ITEM 21) 21. Second Reading Ordinance -Closing utility easement located south of Yorktown Boulevard between Malamute Drive and Bay Drive (1st Reading 2/13/18) 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. Mayor McComb referred to Item 21.Interim Director of Development Services Bill Green stated that the purpose of this item is to abandon and vacate an existing utility easement out of a portion of Rodd Village, Block 2, Lots 6,7,8, 9,and 10.The five lots were located in the Rodd Field Public Improvement District.In response to a question raised by a council member during the first reading of this ordinance,Mr. Green stated that all assessment fees for the property have been paid and staff will continue to monitor any additional development in the area to ensure that the properties have paid their assessment fees.There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Garza.This Ordinance was passed on 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: 031378 O. FIRST READING ORDINANCES: (ITEM 22) 22. First Reading Ordinance -Accepting and appropriating two grant agreements from the State to construct a new water pipeline to Naval Air Station Corpus Christi and perimeter fencing and access control gates for the Corpus Christi Army Depot Ordinance authorizing acceptance of two grant agreements totaling $6,016,014 from the Office of the Texas Governor to construct a new City of Corpus Christi Page 11 Printed on 2/23/2018 City Council Meeting Minutes February 20,2018 water pipeline to Naval Air Station Corpus Christi and construct perimeter fencing and access control gates at the Corpus Christi Army Depot, appropriating into the Water Grants Fund and the Community Development Grant Funds and providing $270,001 as in-kind local match. Mayor McComb referred to Item 22. Director of Intergovernmental Relations Tom Tagliabue stated that the purpose of this item is to accept two grant agreements from the State of Texas totaling$6,016,014 to construct a new water pipeline to Naval Air Station Corpus Christi and to construct perimeter fencing and access control gates at the Corpus Christi Army Depot.Mr. Tagliabue provided a brief overview of the two projects. There were no comments from the public. Council members and staff discussed the following: the waterline being exclusive to the Naval Air Station; the meter placement; and appreciation to Mr.Tagliabue, Naval Air Station Corpus Christi, Corpus Christi Army Depot,the South Texas Military Task Force and city staff for their work on this item. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 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 23 -27) Mayor McComb referring to Future Agenda Items.City Manager Margie C. Rose stated that staff had planned presentations on Item 23,25 and 27.A council member requested information regarding Item 24. 23. Resolution recommending restoration of funding to the Texas Commission on Environmental Quality for air quality monitoring and mitigation programs for near non-attainment communities to remain in compliance of federal ozone standards Resolution to recommend restoration of funding to the Texas Commission on Environmental Quality for air quality monitoring and mitigation programs for near non-attainment communities essential to remain in compliance with the National Ambiant Air Quality Standards (NAAQS)for ozone established by the United States Environmental Protection Agency through the Clean Air Act. This Resolution was recommended to the consent agenda. 24. Eight-Month Service Agreement for the purchase and installation of field lights for Ben Garza Park City of Corpus Christi Page 12 Printed on 2/23/2018 City Council Meeting Minutes February 20,2018 Motion authorizing an eight-month service agreement with Musco Sports Lighting, LLC, of Oskalossa, Iowa, for the purchase and installation of field lights at Ben Garza Park for an amount not to exceed $303,680 via BuyBoard. This Motion was recommended to the consent agenda. 25. Five-Year Service Agreement for Business Development Services for Corpus Christi International Airport Motion to execute a five-year service agreement with Trillion Aviation, Austin, Texas, in the amount of$600,000, for business development services for the Corpus Christi International Airport based on the best value for the City. This Motion was recommended to regular agenda. 26. Resolution authorizing an Interlocal Agreement for a city-wide storm water survey Resolution authorizing the execution of an Interlocal Agreement with Texas A & M University - Corpus Christi in the amount of$8,450 for a city-wide storm water survey. This Resolution was recommended to the consent agenda. 27. Construction Contract for the Naval Air Station Corpus Christi (NASCC) Fence Replacement Project(Military Revolving Fund) Motion authorizing a construction contract with Clearfield Construction, LLC of San Antonio, Texas in the amount of$298,007.40 for the Naval Air Station Corpus Christi (NASCC) Fence Replacement project for Base Bid and Additive Alternate No. 1 (Military Revolving Fund) This Motion was recommended to the consent agenda. Q. BRIEFINGS: (NONE) R. EXECUTIVE SESSION: (ITEMS 28 -30) Mayor McComb referred to the day's executive sessions.The Council went into executive session at 1:57 p.m.The Council returned from executive session at 3:16 p.m. 28. 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 utility system. City of Corpus Christi Page 13 Printed on 2/23/2018 City Council Meeting Minutes February 20,2018 This E-Session Item was discussed in executive session. 29. 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, including potential grants for desalination facilities, 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. 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 litigation related to the New Broadway Wastewater Treatment Plant, including Graham Construction Services, Inc. v. City of Corpus Christi, et al, including the provision of legal, engineering, and other professional consulting and/or expert witness services with the law firms of Kilpatrick, Townsend & Stockton, LLP, Hartline Dacus Barger Dreyer, LLP and the consulting/engineering/expert firms of Navigant Consulting, Inc., Scott Hibbs, PE, and/or Enprotec/ Hibbs & Todd, Inc. This E-Session Item was discussed in executive session. L. RECESS FOR LUNCH The recess for lunch was held during the executive sessions. S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Mayor McComb referred to Identify Council Future Agenda Items. Mayor McComb discussed not having a City Council retreat and in lieu thereof, providing a comprehensive review of the City Council's goals including: City of Corpus Christi Page 14 Printed on 2/23/2018 City Council Meeting Minutes February 20,2018 projects completed, projects underway, projects to be done and ways to expedite the completion of the projects in the next nine months.Council members also requested:a report to respond to the allegations made during public comment regarding the efficiencies of the Development Services Department;enforcement of ordinances related to stray and dangerous dogs; and a summary of previous bond projects. T. ADJOURNMENT The meeting was adjourned at 3:26 p.m. City of Corpus Christi Page 15 Printed on 2/23/2018 w 1201 Leopard Street City of Corpus Christi Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Workshop Session Thursday, February 15,2018 8:30 AM City Hall Basement Training Room THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE TRAINING ROOM DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Joe McComb to call the meeting to order. Mayor Joe McComb called the meeting to order at 8:31 a.m. Note: This City Council Workshop Session was relocated to the Council Chambers. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called to roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Margie C. Rose, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Present 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 Council Member Lucy Rubio arrived at 8:41 a.m. Council Member Lindsey-Opel arrived at 9:05 a.m. Council Member Hunter arrived at 9:12 a.m. C. BRIEFINGS TO CITY COUNCIL: 1. FY 2018 BUDGET WORKSHOP Overview of Fiscal 2018 Budget/Preview of Fiscal 2019 Budget City Manager Margie C. Rose provided a brief introduction regarding the Budget Workshop. Director of the Office of Management and Budget Eddie Houlihan presented information on the following topics: FY 2018 all funds revenues vs. expenditures; FY 2018 General Fund revenues vs.expenditures; FY 2018 City of Corpus Christi Pagel Printed on 2/23/2018 City Council Workshop Session Meeting Minutes February 15,2018 General Fund Revenues by major category; FY 2018 department budgets and full-time equivalents (FTEs)in the General Fund; General Fund revenues in FY 2018 vs. FY 2019; General Fund projected obligations and considerations for FY 2019;and the six major service categories in the General Fund. Council members and staff discussed the following topics: cutting expenditures vs.raising taxes; General Fund subsidies; expenditure and revenue trends; revenues from industrial district agreements;the rate,amount and timeline required to fully fund employees'retirement;a desire by some council members that the city manager recommend cuts that council members can review and decide on;the pros and cons of making the Solid Waste fund an Enterprise Fund instead of remaining in the General Fund; increases to the City-funded portion of employees'retirement; employees' percentage contribution to retirement;that retiremement contribution rates are tied to Public Safety collective bargaining agreements;the fully-funded retirement contribution rate;the unfunded retirement balance;a desire by some council members to be provided with data relating to how departments are managing their current budgets;the contribution that elimination of wastefulness in departments may make toward balancing the budget;elimination of car allowances and mobile phones as a cost-saving strategy;Street Department process improvements;and cutting waste instead of services. City Manager Rose stated that car allowances are being phased out for new employees and upon promotion. Council members and staff dicussed the following additional topics: cutting travel budgets in the General Fund;that there is approximately$556,000 in travel funds budgeted in the General Fund; that, due to consistent cuts in previous fiscal years,the quality of current health insurance coverage available to civilian employees has significantly diminished,while civilian employees'health-related costs have substantially increased, creating a particularly significant financial burden on low-income earning civilian employees; civilian employees'salaries not keeping pace;whether retirement is calculated on car allowances;the need to be cautious about yet again taking monies and benefits away from civilian employees in FY 2019; the financial inability of civilian employees to withstand additional cuts; civilian employee morale issues relating to low pay combined with the high costs associated with the City's current high-deductible civilian health plans;the status of sales tax revenues; a lack of depth in what is presented as part of this budget workshop;a request that City Council be provided a budget timeline; the projected health insurance plan shortfall in the Fire Department;the need for better data;a desire to be higher than needed on expenditure projections rather than too low;that the$9.7 million FY 2019 projected budget shortfall in the General Fund does not include the anticipated shortfall in the Fire Department's health plan; reducing staff and services in order to balance the budget;the City Council's vs.the City Manager's responsibilities in the annual budgeting process;the purpose of current debt in the Solid Waste Department and why operational funds are not used instead;funding the covering of cells at the landfill by means other than the use of debt financed over 20 years; cutting travel funds from the General Fund from each department in the General Fund; certain departments or services being considered "sacred cows" by certain council members; the need to provide clear direction to the city manager from the outset of this budget process as to whether there are"sacred cows" or whether cuts in all departments are on the table;a request from City of Corpus Christi Page 2 Printed on 2/23/2018 City Council Workshop Session Meeting Minutes February 15,2018 Mayor McComb that any council member with a"sacred cow(s)" identify them now;the need for staff to know about"sacred cows" in order to make the most effective use of time spent on the budget;a council member identifying the new Harbor Bridge as a"sacred cow"; past street funding from one-time revenues; implementing the 2-cent voter-approved property tax increase in FY 2019;the need for flexibility in making cuts vs.across-the-board cuts by department; past fiscal years'budget shortfalls as compared to the FY 2019 projected budget shortfall;the need for long-term budget decisions vs.making budget decision year-to-year; not politicizing votes, but voting based on what is best from a budget perspective; providing City Council with a five-year pro forma before its next budget meeting;and a decision by a consensus of the City Council that future budget workshops will take place on the third Thursday of each month from 9:00 a.m.to 11:00 a.m. In response to a question from a staff member,the Council concurred that the 2-cent voter-approved property tax increase is to be included in the FY 2019 budget. D. ADJOURNMENT The meeting was adjourned at 10:09 a.m. City of Corpus Christi Page 3 Printed on 2/23/2018 SC o� � AGENDA MEMORANDUM Future Item for the City Council Meeting of February 20, 2018 NORPgRP�E� Action Item for the Cit Council Meeting of February 27, 2018 1852 Y 9 Y DATE: February 1, 2018 TO: Margie C. Rose, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Resolution recommending restoration of funding to the Texas Commission on Environmental Quality for air quality monitoring and mitigation programs for near non-attainment communities to remain in compliance of federal ozone standards CAPTION: Resolution to recommend restoration of funding to the Texas Commission on Environmental Quality for air quality monitoring and mitigation programs for near non-attainment communities essential to remain in compliance with the National Ambient Air Quality Standard (NAAQS) for ozone established by the United States Environmental Protection Agency through the Clean Air Act. PURPOSE: The Corpus Christi Air Quality Group, of which the City of Corpus Christi is a member, is working with other near non-attainment areas and interested stakeholders to push for restoration of the $6 million biennial appropriation to the Texas Commission on Environmental Quality (TCEQ) for near non-attainment communities which was vetoed by Governor Greg Abbott in the 2018-2019 General Appropriation Act. BACKGROUND AND FINDINGS: From 1995 through 2017, the Texas Legislature appropriated funding to the TCEQ and directed funds via rider to near non-attainment areas - Austin, Beaumont, Corpus Christi, EI Paso, Granbury, Killeen/Temple, Longview/Tyler/Marshall, San Antonio, Victoria, and Waco -- for ozone emission reduction planning and programs to remain in attainment of ozone standards established by the EPA. Governor Greg Abbot line-item vetoed a $6,000,500 rider in the FY 2018-2019 General Appropriations Act for TCEQ. The veto stripped the nine near non- attainment communities of the only funding for programs documented to keep them in attainment of ozone standards. Two areas in Texas (Dallas-Fort Worth metroplex and Houston- Galveston area) are in non-attainment of the federal ozone air quality standard. Governor Abbott's veto proclamation stated: "This program funds, among other items, bicycle use programs, carpooling awareness, environmental awareness campaigns, and locally enforceable pollution reduction programs in near non-attainment areas, which can be funded at the local government level. Resources in the Clean Air Account should be prioritized to directly address problems in non-attainment areas of the state so that we are better positioned to combat the business-stifling regulations imposed on these areas by the Environmental Protection Agency...." The Corpus Christi region does not, nor has it ever used, TCEQ air quality funding for bicycle use programs or carpooling awareness programs. The Corpus Christi region has only two programs supported by TCEQ air quality funding; a vehicle emissions testing and repair program through the Texas A&M University-Corpus Christi Pollution Prevention Partnership, and an ozone research monitor program through Texas A&M University-Kingsville; neither of which can be funded by local government. Stripping Texas communities of their clean air funding as they struggle to remain in attainment of ozone standards will cause more areas in Texas to fall into non-attainment of ozone standards thereby increasing the number of non- attainment regions in Texas and its burden for a State Improvement Plan (SIP) to the EPA. The Texas A&M University-Corpus Pollution Prevention Partnership's vehicle emissions testing and repair program protects Corpus Christi's ozone attainment status by detecting and repairing polluting vehicles thereby removing approximately 10 tons of ozone causing emissions from our air-shed each year. Local emissions inventories confirm that polluting vehicles are approximately 30% of Corpus Christi's ozone causing emissions. The ozone research monitor program detects and records elevated levels of ozone that are transported in from other areas and not sourced in our air-shed; a critical program for Corpus Christi to scientifically defend its attainment status of ozone causing emissions. These are the only programs Corpus Christi funds through Rider appropriations and both of these programs are critical to the Corpus Christi air shed's continued attainment of ozone standards. Without the reinstatement of Rider funding in the 86th legislative session, both programs may be terminated. In the interim, Port Industries of the Coastal Bend recently agreed to provide $47,000 in one- time funding for one year for the continuation of the TAMUK monitoring. The Port of Corpus Christi also recently agreed to support for one year the Pollution Prevention Partnership. Both parties agree it is the responsibility of the State of Texas to fund these services to keep areas like the Coastal Bend in compliance with federal ozone standards. Under the Obama administration, the EPA lowered the ozone standards from 75 to 70 parts per billion. The standard has been challenged in court and most observers, including Governor Abbott's Environmental Policy staff, expected the new administration to weaken the regulation. In April 2017, a federal appeals court granted EPA more time to review the rule. Corpus Christi and the Coastal Bend remain in compliance with the prior and existing ozone standards. ALTERNATIVES: 1. Do not adopt the resolution recommending funding restoration. 2. Locally fund the air quality monitoring services without the assistance of the State of Texas. OTHER CONSIDERATIONS: The City of Corpus Christi Environmental and Strategic Initiatives Department administers both the Pollution Prevention Partnership and the ozone research monitor program as a pass- through from the TCEQ. The City is reimbursed for staff time $30,000 biennially on average from the TCEQ to administer these programs. The 86th Texas Legislature convenes January 8, 2019, and must adopt the 2020-2021 biennial budget by May 27, 2019. The State's 2020 Fiscal Year begins September 1, 2019. If the city council approves this resolution it will become part of the City's State Legislative agenda, which is typically considered and adopted in the October-November timeframe. The Corpus Christi Metropolitan Transportation Organization Policy Committee adopted a similar resolution at its February 1, 2018, meeting. Nueces County Commissioners Court is scheduled to consider the resolution on February 28, 2018. CONFORMITY TO CITY POLICY: Council adopted resolution Oct. 30, 2012, supporting the Corpus Christi Air Quality Group's participation in EPA Ozone Advance to promote local actions to reduce ozone precursors in the community and continue to maintain National Ambient Air Quality Standards for ozone. The projects funded through the TCEQ were integral parts of the Ozone Advance strategy. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Environmental and Strategic Initiatives Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital © Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): (Do not list Accounting streams, use names of accounts) Comments: None RECOMMENDATION: Staff recommends adoption of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution FY 2018-2019 TCEQ Air Quality Monitoring Rider Governor's Veto Proclamation RESOLUTION RECOMMEND RESTORATION OF FUNDING TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR AIR QUALITY MONITORING AND MITIGATION PROGRAMS FOR NEAR NON-ATTAINMENT COMMUNITIES ESSENTIAL TO REMAIN IN COMPLIANCE WITH THE NATIONAL AMBIANT AIR QUALITY STANDARDS (NAAQS) FOR OZONE ESTABLISHED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY THROUGH THE CLEAN AIR ACT. WHEREAS, Texas communities like Austin, Beaumont, Corpus Christi, El Paso, Granbury, Killeen/Temple, Longview/Tyler/Marshall, San Antonio, Victoria, and Waco have efficiently and effectively utilized funding provided in the General Appropriations Act in a rider to the Texas Commission on Environmental Quality (TCEQ)to implement air quality monitoring, and mitigation strategies to remain in compliance with current and proposed National Ambient Air Quality Standard for Ozone by the United States Environmental Protection Agency (EPA) as authorized in the federal Clean Air Act; and WHEREAS, the Clean Air Act directs the states to develop state implementation plans (SIPS), applicable to appropriate industrial sources in the state, in order to achieve ozone standards, the lack of funding for near non-attainment communities resulting from a line item veto by Governor Greg Abbott in the 2018-2019 General Appropriations Act prevents impacted communities to implement strategies in the adopted Texas SIP, and local governments do not have the financial capacity to assume the responsibilities of an unfunded mandate by the State of Texas; and WHEREAS, the health and quality of life for millions of Texas residents in near non-attainment communities has benefitted greatly from the strategies, services and programs implemented at the local level by local governments, businesses, and industry to reduce ozone levels and remain in compliance with federal standards; and WHEREAS, the Corpus Christi air-shed remains in attainment of the most recently established ozone standards announced by the EPA in 2015 of 70 parts per billion (ppb); and WHEREAS, two programs in Corpus Christi served to ensure the Corpus Christi air-shed's continued attainment of ozone standards: Texas A&M University Corpus Christi Pollution Prevention Partnership's vehicle emissions reduction program, and Texas A&M University Kingsville's ozone air monitor program; and WHEREAS, both the Texas A&M University Corpus Christi Pollution Prevention Partnership's vehicle emissions reduction program, and Texas A&M University Kingsville's ozone air monitor program relied on funding through the TCEQ's Clean Air Account No. 151; and WHEREAS, Rider funding to support the continuation of the Texas A&M University Corpus Christi Pollution Prevention Partnership's vehicle emissions reduction program and Texas A&M University Kingsville's ozone air monitor program was vetoed after adjournment of the 85h Regular Session of the Texas Legislature by Governor Abbott after it had been recommended by the Legislative Budget Board, and adopted without opposition by both the Texas House of Page 1 of 3 Representatives and the Texas Senate, stripping these critical programs of the funding needed to continue; and WHEREAS, without restoration of funding by the 86h Texas Legislature, both the Texas A&M University Corpus Christi Pollution Prevention Partnership's vehicle emissions reduction program and Texas A&M University Kingsville's ozone air monitor program will cease to operate thereby risking Corpus Christi air-shed's continued attainment designation of ozone standards; and WHEREAS, the Texas A&M University Corpus Christi Pollution Prevention Partnership's vehicle emissions reduction program protects Corpus Christi's attainment status of ozone standards by providing over 10 tons of reductions of ozone causing emissions each year at a cost of approximately $4,700 per ton compared to the possible costs of$50,000 a ton or more for offset emissions should a development choose to site in Corpus Christi that no longer attains ozone standards; and WHEREAS, without the restoration of funding to the TCEQ by the 86h Texas Legislature, Corpus Christi is striped of the only program that works to reduce the mobile source emissions that are a significant 30 percent contributor to Corpus Christi's ozone causing emissions; and WHEREAS, without the restoration of funding provided by the 86h Texas Legislature, Corpus Christi is striped of the ozone research monitors that support proving and documenting transported emissions that are not generated in our air-shed, and possible consideration for attainment designations; and WHEREAS, the economic burden on the State of Texas to bring a non-attainment community back into attainment is far greater than the cost to restore funding that assists struggling attainment communities to remain an attainment community in the State of Texas; and WHEREAS, the economic burden for a business to obtain a permit to locate or expand in Corpus Christi is significantly increased should funding for the TCEQ not be restored by the 86h Texas Legislature and Corpus Christi loses the critical ozone attainment protection programs of the Texas A&M University Corpus Christi Pollution Prevention Partnership's vehicle emissions reduction program and Texas A&M University Kingsville's ozone air monitor program programs, and fall into non-attainment of ozone standards; and WHEREAS, the Corpus Christi air-shed prides itself on being a national leader in voluntary actions and programs that work to keep our industrial based community in attainment of toughened ozone standards; NOW THEREFORE BE IT RESOLVED, that: Section 1. The Corpus Christi air-shed's continued attainment of ozone standards is critical to public and economic health, and Page 2 of 3 Section 2. Appropriations to TCEQ to provide for the continuation of air-shed programs that work to reduce emissions and monitor ozone sources must be restored by the 86th Texas Legislature; and Section 3. We, the City of Corpus Christi, do hereby urge the Governor, Lieutenant Governor, the Speaker of the Texas House of Representatives, the Texas Senate and Texas House of Representatives to restore funding to the TCEQ in the FY 2020-2021 General Appropriations Act for air quality programs in all near non-attainment communities. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas On the_(date) of (month), 2018. The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Page 3 of 3 COMMISSION ON ENVIRONMENTAL QUALITY (Continued) c. Acquisition of Capital Equipment and Items (1) Monitoring and Analysis Equipment $ 2,660,590 $ 210,000 d. Data Center Consolidation (1) Data Center Consolidation $ 11,663,310 $ 12,122,879 Total,Capital Budget $ 17,889,408 $ 14,473,813 Method of Financing(Capital Budget): General Revenue Fund $ 4,453,592 $ 4,238,766 General Revenue Fund-Dedicated Used Oil Recycling Account No. 146 6,016 6,016 Clean Air Account No. 151 3,835,883 3,058,862 Water Resource Management Account No. 153 2,142,062 1,811,985 Watermaster Administration No. 158 280,000 0 TCEQ Occupational Licensing Account No.468 46,160 46,160 Waste Management Account No.549 2,356,707 2,134,691 Hazardous and Solid Waste Remediation Fee Account No.550 2,199,944 2,062,809 Petroleum Storage Tank Remediation Account No. 655 421,901 586,917 Texas Emissions Reduction Plan Account No.5071 36,680 50,000 Operating Permit Fees Account No.5094 2,110,463 477,607 Subtotal,General Revenue Fund-Dedicated $ 13.435.816 $ 10.235.047 Total,Method of Financing 17.889.408 S 14.473.813 3. Authorization:Aircraft Chartering. Notwithstanding any other provision of this Act,the Texas Commission on Environmental Quality is authorized to spend appropriated funds for the chartering of aircraft for the purposes of monitoring environmental quality and the enforcement of environmental and water rights laws of the State. 4. Local Air Pollution Grants Allocation. Out of the amounts appropriated above,no less than $2,658,228 in each fiscal year out of the Clean Air Account No. 151 in Strategy A.1.1,Air Quality Assessment and Planning,shall be utilized to fund grants or cooperative agreements with eligible local air pollution programs under Health and Safety Code,§382.0622.The combined federal and state share of the funding for any such local air pollution programs shall not exceed 67 percent of the total allocation to the programs,with the local share being based on the local dollars allocated pursuant to maintenance-of-effort requirements for federal air pollution grants. 5. Fee Revenue:Pollution Control Equipment Exemptions. Amounts appropriated above include $225,116 each fiscal year from fee revenue collected pursuant to Tax Code, §11.3 1,beginning with the effective date of this Act out of the General Revenue Fund in Strategy C.1.3,Pollution Prevention,Recycling,and Innovative Programs,for the purpose of determining whether pollution control equipment is exempt from taxation. In addition to amounts appropriated above,any amounts collected by the Texas Commission on Environmental Quality pursuant to Tax Code,§11.31 on or after September 1,2015,in excess of $225,116 in each fiscal year of the biennium are appropriated to the agency. 6. Authorization: Operating Fund. The Texas Commission on Environmental Quality(TCEQ)is authorized to make transfers from any appropriation made to TCEQ into a single account in the General Revenue Fund known as the"Texas Commission on Environmental Quality Operating Fund"for the purpose of making expenditures for which appropriations were made in this Act. After the expenditures have been made from the fund and as soon as the proper strategies have been identified,TCEQ shall process adjustments to the Comptroller in summary accounts to facilitate accurate cost allocations;provided,however,that each special account and fund shall be used for the purposes in current law and nothing shall be done to jeopardize or divert the special accounts and funds or any portion thereof including federal aid. 7. Appropriation:Air Quality Planning. Amounts appropriated above include$6,000,500 for the biennium out of the Clean Air Account No. 151 in Strategy A.1.1,Air Quality Assessment and Planning,for air quality planning activities to reduce ozone in areas not designated as nonattainment areas during the 2014-15 biennium and as approved by the Texas Commission on Environmental Quality(TCEQ).These areas may include Waco,El Paso,Beaumont,Austin, Corpus Christi,Granbury,Killeen-Temple,Longview-Tyler-Marshall,San Antonio,and Victoria. A582-FSize-up-6 VI_18 October 1,2015 COMMISSION ON ENVIRONMENTAL QUALITY (Continued) These activities may be carried out through interlocal agreements and may include: identifying, inventorying,and monitoring of pollution levels;modeling pollution levels;and the identification, quantification,implementation of appropriate locally enforceable pollution reduction controls;and the submission of work plans to be submitted to the TCEQ.The TCEQ shall allocate$350,000 to each area and the remaining funds to each area based on population in excess of 350,000.The grant recipients shall channel the funds to those projects most useful for the State Implementation Plan(SIP). 8. Contract with the State Office of Administrative Hearings. Amounts appropriated above include$816,000 in each fiscal year of the biennium to cover the cost of contracting with the State Office of Administrative Hearings(SOAH)for funding SOAH's Natural Resources Division for the purpose of conducting administrative hearings and for related expenses.The Texas Commission on Environmental Quality(TCEQ)and the(SOAH)may not enter into a contract for an amount less than the amounts specified SOAH.If the SOAH determines,at the end of each fiscal year,that the amount paid under the contract exceeds the necessary funding,it shall refund the difference to TCEQ.If the SOAH determines that the amounts are insufficient to fund the Natural Resources Division,the SOAH may enter into negotiations with TCEQ in order to renegotiate the interagency contract to provide additional funds for administrative hearings.The SOAH is not appropriated any state funds from such renegotiated contracts until it gives written notice to the Legislative Budget Board and the Governor,together with written permission of the agency. 9. Texas Parks and Wildlife Environmental Special Investigations Unit. Amounts appropriated above include$225,000 each fiscal year out of the Waste Management Account No. 549 in Strategy C.1.2,Enforcement and Compliance Support,for the purpose of supporting the Texas Parks and Wildlife Department's Environmental Special Investigations Unit to enforce state and federal laws on illegal dumping.This appropriation is contingent on a memorandum of understanding and an interagency transfer of the funds between the Texas Parks and Wildlife Department and the Texas Commission on Environmental Quality to jointly administer the program.Any unexpended balance of this appropriation from fiscal year 2016 is appropriated for the same purpose for fiscal year 2017. 10. Federal Funds and Capital Budget Expenditures. To comply with the legislative intent to maximize the use of federal funds and to fulfill grant requirements required for the receipt and expenditure of federal funds,the Texas Commission on Environmental Quality(TCEQ)is exempted from the Capital Budget Rider Provisions contained in Article IX of this Act, "Limitations on Expenditures-Capital Budget",when federal funds are received in excess of amounts identified in the agency's Capital Budget Rider and such funds are federally designated solely for the purchase of specific capital items.In addition,TCEQ is exempted from the Capital Budget Rider provisions within Article IX of this Act when funds are received in the form of gifts to the agency in excess of amounts identified in the agency's Capital Budget Rider and such funds are designated solely for the purchase of specific capital items.The TCEQ shall notify the Legislative Budget Board and the Governor upon receipt of such federal funds or gift proceeds,of the amount received and items to be purchased. 11. Appropriation:Refinement and Enhancement of Modeling to Demonstrate Attainment with the Clean Air Act. Amounts appropriated above include$750,000 in fiscal year 2016 out of the Clean Air Account No. 151 in Strategy A.1.1,Air Quality Assessment and Planning,for research to obtain the data and information to refine and enhance any model used to demonstrate attainment with the National Ambient Air Quality Standard(NAAQS)and to assess air quality associated with other pollutants under the Federal Clean Air Act during the biennium beginning on September 1,2015.These funds may also be used to collect and analyze data and procure appropriate computing tools for modeling to demonstrate attainment with the National Ambient Air Quality Standard for Ozone and other pollutants.The Commission on Environmental Quality may contract as necessary to carry out these activities. 12. Reallocation of Revenue and Balances for Certain Accounts. Pursuant to Water Code,§5.707, and notwithstanding provisions of Article IX,Sec 14.0 1,Appropriation Transfers,in this Act,the Texas Commission on Environmental Quality is authorized to reallocate not more than 7 percent of the All Funds amount identified in the Method of Finance above from the following accounts (consisting of revenues and balances)to be used for purposes identified in the above strategies. Used Oil Recycling Account No. 146 Clean Air Account No. 151 Water Resource Management Account No. 153 A582-FSize-up-6 VI-19 October 1,2015 COMMISSION ON ENVIRONMENTAL QUALITY (Continued) 3. Authorization:Aircraft Chartering. Notwithstanding any other provision of this Act,the Texas Commission on Environmental Quality is authorized to spend appropriated funds for the chartering of aircraft for the purposes of monitoring environmental quality and the enforcement of environmental and water rights laws of the State. 4. Local Air Pollution Grants Allocation. Out of the amounts appropriated above,no less than $2,658,228 in each fiscal year out of the Clean Air Account No. 151 in Strategy A.1.1,Air Quality Assessment and Planning,shall be utilized to fund grants or cooperative agreements with eligible local air pollution programs under Health and Safety Code,§382.0622.The combined federal and state share of the funding for any such local air pollution programs shall not exceed 67 percent of the total allocation to the programs,with the local share being based on the local dollars allocated pursuant to maintenance-of-effort requirements for federal air pollution grants. 5. Fee Revenue:Pollution Control Equipment Exemptions. Amounts appropriated above include $229,424 each fiscal year from fee revenue collected pursuant to Tax Code, §11.31,beginning with the effective date of this Act out of the General Revenue Fund in Strategy C.1.3,Pollution Prevention,Recycling,and Innovative Programs,for the purpose of determining whether pollution control equipment is exempt from taxation. In addition to amounts appropriated above,any amounts collected by the Texas Commission on Environmental Quality pursuant to Tax Code,§11.31 on or after September 1,2017,in excess of $229,424 in each fiscal year of the biennium are appropriated to the agency. 6. Authorization: Operating Fund. The Texas Commission on Environmental Quality(TCEQ)is authorized to make transfers from any appropriation made to TCEQ into a single account in the General Revenue Fund known as the"Texas Commission on Environmental Quality Operating Fund"for the purpose of making expenditures for which appropriations were made in this Act. After the expenditures have been made from the fund and as soon as the proper strategies have been identified,TCEQ shall process adjustments to the Comptroller in summary accounts to facilitate accurate cost allocations;provided,however,that each special account and fund shall be used for the purposes in current law and nothing shall be done to jeopardize or divert the special accounts and funds or any portion thereof including federal aid. 7. Air Quality Planning.' AnAeoats, BtAdl,.h,.,o ,.i„ao$6,000,500 f r 40,h:o.,.,:,,.-01.14-4 ick 8. Contract with the State Office of Administrative Hearings. Amounts appropriated above include$816,000 in each fiscal year of the biennium to cover the cost of contracting with the State Office of Administrative Hearings(SOAH)for funding SOAH's Natural Resources Division for the purpose of conducting administrative hearings and for related expenses.The Texas Commission on Environmental Quality(TCEQ)and the SOAH may not enter into a contract for an amount less than the amounts specified.If the SOAH determines,at the end of each fiscal year, that the amount paid under the contract exceeds the necessary funding,it shall refund the difference to TCEQ.If the SOAH determines that the amounts are insufficient to fund the Natural Resources Division,the SOAH may enter into negotiations with TCEQ in order to renegotiate the interagency contract to provide additional funds for administrative hearings.The SOAH is not appropriated any state funds from such renegotiated contracts until it gives written notice to the Legislative Budget Board and the Governor,together with written permission of the agency. 9. Texas Parks and Wildlife Environmental Special Investigations Unit. Amounts appropriated above include$225,000 each fiscal year out of the Waste Management Account No. 549 in Strategy C.1.2,Enforcement and Compliance Support,for the purpose of supporting the Texas Parks and Wildlife Department's Environmental Special Investigations Unit to enforce state and A582-FSize-up-6 VI-19 September 19,2017 Governor Greg Abbott SB I Signature and Item Disapproval Proclamation June 12,2017 Page 4 56. Public Safety Grant for the Greater Houston Area. 0-ut of General Revenue Funds appfopfiated ah-w0e, in Strategy Q2.1, Publie Safety Conifflunieations, Depaftment of Publie Safety shall grant$4,000,000 in(seal year-2018 to a non profit entity in Houston that is dedie4ed to pfeN,eatiag and solving efiffle the Greater Houston Area thfough pfogfams emphasizing efime infoffnation Eeper-tifig,student and parent edusation,and eemnmnity empoweFffient. The Department of Public Safety's core mission is to serve and protect citizens of Texas as the state's primary law enforcement agency. Over recent years, efforts have been made to help the agency concentrate on its core mission and to transfer grant-making activities to other state agencies. This appropriation,for which the Department did not request funding in its 2018-19 Legislative Appropriation Request, would return the Department to being a grant-making entity. This veto will not prevent Houston Crime Stoppers from being able to receive grant funding from the Office of the Governor's Criminal Justice Division—or encumber Houston Crime Stoppers' ability to provide awards to appropriate recipients. I therefore object to and disapprove of this appropriation. Article VI-Natural Resources Texas Commission on Environmental Quality 7. Air Quality Planning. Amounts appropriated above inelude $6,000,500 faF the biennium out of the Clean 14 iF Aeeeunt No. 151 in Strategy A44, Air- Quality AS-SeSSM-ent and planning, for air- quality planning aetivities to Feduee ozone_M' afeas not designated as nR-B.Att-ainineat areas during the 2016 17 biennium and as approved by the Texas Coffffaission on Eavifeamental Quality (TCEQ). These afeas may inelude Waeo, El Paso, Beaumont, Austin, Corpus Chfisti, Gfanbufy, 191leen Temple, Longview Tylef Mar-shall, San Antonio, and Vieter4a. These aetivities may be eaffied out thr-ough intef4eeal agreements and fRay inelude- identifying, ifiVefik)Fyifig, and faenitefing of pollution levels; modeling pollution levels; and the ideatifieation quanti€ieatien, implementation of appFopri leeally eafe�eable p eentrols;and the submission of Plans to be submitted to the T-CEQ.The T-CEQ shall alloeate$350,000 to each afea and the r-emaining funds to each afea based on population in exeess of 350,000. The grant Feeipients shall ehanael the funds to these pfojeets inest useful for-the State implementation Plan(SIP). This program funds, among other items, bicycle use programs, carpooling awareness, environmental awareness campaigns, and locally enforceable pollution reduction programs in near non-attainment areas, which can be funded at the local government level. Resources in the Clean Air Account should be prioritized to directly address problems in our non-attainment areas of the state so that we are better positioned to combat the business-stifling regulations imposed on these areas by the Environmental Protection Agency.I therefore object to and disapprove of this appropriation. 24. Low-Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program (LI P}. Affteunt&-appfepAatedaboveo�� Ak Aecount No. 151 StFategy A44, Aii- 1_�K A----sment-and-Plannin&, TAI AAQ 1)1Z _elude 1_.........5 ;a eaeh ....ium-in-e4iffatted-fee, fewnues ffem vehlele inspeetion-and mak-Affin- V- -_I--- genff at&d-puFua*t-4e f� h and Sat-ty Cede, §1339-2.202 and 3 822.302' .0 fund the-4--ow4neenie Welifele Repair--Assistanee,RetFefit,and Aec-eler-ated Vehiele Retir-ement Progfam IIARAP',. Out of these amount 01 ts, net fnefe than 45" lh Affill 'r'1 SIE -56a Y OF SECMAR STATE O'CLOCK JUN 12 2017 SC o� � AGENDA MEMORANDUM Future Item for the City Council Meeting of February 20, 2018 NORPOR PE 1852 Action Item for the City Council Meeting of February 28, 2018 DATE: February 20, 2018 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JavII cctexas.com (361) 826-3464 Kim Baker, Assistant Director of Financial Services-Purchasing Division im 2 cctexas.com (361) 826-3169 Field Lights for Ben Garza Park CAPTION: Motion authorizing an eight-month service agreement with Musco Sports Lighting, LLC, of Oskalossa, Iowa, for the purchase and installation of field lights at Ben Garza Park for an amount not to exceed $303,680 via BuyBoard. PURPOSE: This item is to provide new field lights at Ben Garza Park. BACKGROUND AND FINDINGS: This lighting is for two baseball fields at Ben Garza Park that are leased by the Police Athletic League. Currently the fields do not have lights so this will allow for increased use of the fields. The lighting and installation will be provided by Musco Sports Lighting LLC, which is the same system use on other sport fields in the City. Funding for this purchase is from the Community Development Block Grant program. ALTERNATIVES: The lighting will provide additional use of these fields due to the ability to schedule games later in the evening. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Parks & Recreation FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $400,000.00 $0.00 $400,000.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $303,680.00 $0.00 $303,680.00 BALANCE $96,320.00 $0.00 $96,320.00 Fund(s): Community Development Block Grant Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet f ppsc a INFORMAL STAFF REPORT MEMORANDUM oN. _ _m_-___._ .... Margie C. Rose, Citymanager ._ '� "'C' �._ .. �. Thru: Keith ;Selman, Assistant City Manager ` From E. Jay Ellington, Parks & Recreation Girector ,.s Gate: February 21, 2018 Subject: Maintenance Costs - Field Lights for Ben, Garza Park Issuel Problem During the City Council meetinw presentation of agenda item #18-0179, a question was raised regarding the estimated maintenance coasts for the field lights, Background & Findings The Service Agreement No. 50755 - Field Lights and Installation at Ben Garza Bark document states in Attachment B that the product assurance and warranty program 'included for materials and onsite labor covers 100% of maintenance coasts for 75 years. 9onclu,us on Maintenance repairs for materials and onsite labor"are included for 75 years. CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION FIELD LIGHTS AND BUYER: ROBERTA ORTIZ INSTALLATION TLGPC CONTRACT 521-16 MUSCO SPORTS LIGHTING, LLC OSKALOOSA, IOWA UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE 1. Field Lights Project 1 LS $303,680.00 $303,680.00 Total Price $303,680.00 .mus c.� �a v N"ofYaDRn'�4Q Service Agreement No. 50755 Field Lights and Installation at Ben Garza Park THIS Field Lights and Installation at Ben Garza Park Service Agreement ("Agreement") is entered into by and between Musco Sports Lighting LLC ("Contractor") and the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), by and through its duly authorized City Manager or designee ("City Manager"), effective for all purposes upon execution by the City Manager. WHEREAS, Contractor has bid to provide field lights to include all associated material and installation for Ben Garza Park; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will deliver and install field lights and all associated material for Ben Garza Park ("Services") in accordance with this Agreement including all attachments and exhibits, which are incorporated by reference into this Agreement. 2. Term. This Agreement takes effect upon execution of the City Manager and issuance of a notice to proceed and will continue for eight months. 3. Compensation and Payment. This Agreement is for an amount not to exceed $303,680.00, subject to validly authorized extensions and changes. Payments will be allowed in accordance with Attachment "B" Schedule of Pricing. Payment terms are net 30 days after the goods are provided or services are completed, as required or a correct invoice is received, whichever is later. 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. All of the Contractor's notices or communications regarding this Agreement must be directed to the contract administrator, who is the Park & Recreation Superintendent or designee ("Contract Administrator"). 5. Independent Contractor. Contractor will perform the Services as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. Page 1 of 6 6. 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 the 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 full 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 set out here in its entirety. 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. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. 9. Assignment. No assignment of this Agreement or of any right or interest contained in this Agreement by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 10.Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on September 30th) is subject to appropriations and budget approval providing for covering such contract item as an expenditure in the budget. The City does not represent that said budget Page 2 of 6 item will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 11.Waiver. No waiver of any breach of any term or condition of this Agreement, its attachments and exhibits, or the Contractor's response to the RFP ("Exhibit 1 "), which exhibit is incorporated into this Agreement, waives any subsequent breach of the same. 12.Governing Law. This Agreement is subject to all applicable federal, state and local laws, rules and regulations. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 13.Federally Funded Project. This project is subject to Federal Funding. A set of Federal Requirements have been attached as Attachment D for inclusion in this Agreement. The Contractor must be in compliance with these requirements will performing work under this Agreement. The Contractor will insert in any subcontracts all Federal Provisions/Requirements contained in this contract and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. 14.Subcontractors. The Contractor may use subcontractors in connection with the Services to be performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, the Contractor shall be 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 are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the Services. 1S.Amendments. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. 16.Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in Exhibit A. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. 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. Alternatively, the City Manager may terminate this Agreement without cause upon 30 days' written notice to the Contractor. However, the City may terminate this Agreement upon three days' written notice to the Contractor for Contractor's failure to pay or provide proof of payment of taxes, as set out in this Agreement. Page 3 of 6 17.Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes in accordance with Circular E, "Employer's Tax Guide", Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of one or more of these taxes within 15 days of such request. 18.Notice. Notice may be given by hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand-delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Joshua Wentworth 1201 Leopard Street 3rd Floor Park & Recreation Corpus Christi, Texas 78401 Phone: (361) 826-3483 Fax: (361) 826-3174 IF TO CONTRACTOR: Contractor Musco Sports Lighting, LLC Contact Ryan Tighe Address: 100 1 st Ave West City, State, Oskaloosa, Iowa 52577 Phone: (512) 658-6884 Fax: (800) 374-6402 19.Severability. Each provision of this Agreement shall be considered to be severable and if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 20.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 form 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. 21.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 Page 4 of 6 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 OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 22.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. Page 5 of 6 CONTRACTOR Signature.- Printed ignature:Printed Name; James M. Hansen I Title: Secretary Date: 02-12-2018 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorl2orated by Reference: Attachment A: Scope of Work Attachment B: Schedule of Pricing Attachment C: Insurance/Bond Requirements Attachment D: Federal Requirements Page 6 of 6 Attachment A: Scope of Work 1. General Requirement Installation of Musco Sport field lighting system at 2 baseball fields at Ben Garza Park 1815 Howard Street, Corpus Christi, Texas 78408. 2. Scope of Work Contractor is responsible for the following: A. Provide required poles, fixtures, and foundations. B. Provide layout of pole locations and aiming diagram. C. Provide Project Management as required. D. Provide stamped foundation designs based on 2500psf soils. E. Provide equipment and materials to off load equipment at jobsite per scheduled delivery. F. Provide storage containers for material, (including ballast boxes), as necessary and waste disposal. G. Provide adequate security to protect delivered products from theft, vandalism or damage during the installation. H. Obtain any required permitting. I. Provide materials and equipment to install or upgrade electrical service panels as required or necessary. (480v 3ph) J. Provide materials and equipment to install all underground conduit, wiring, pull boxes etc. and terminate wiring as required per electrical design. K. Confirm the existing underground utilities and irrigation systems have been located and are clearly marked so as to avoid damage from construction equipment. Repair any such damage during construction. L. Provide materials and equipment to install (8) LSS foundations as specified on Layout. M. Remove spoils to owner designated location at jobsite. N. Provide materials and equipment to assemble (44) LSG fixtures and terminate all necessary wiring. O. Provide equipment and materials to assemble and erect (8) LSS Poles. P. Provide equipment and materials to install (1 ) Lighting Contactor Cabinet and build a unistrut rack within 150 foot of home plate on the senior field and terminate all necessary wiring. Power company will bring power to our service panel. Q. Provide step down transformer for 120v control circuit if not available. R. Contractor will commission Control Link by contacting Control Link Central at (877-347-3319). S. Check all Zones to make sure they work in both auto and manual mode. T. 1 hour comprehensive burn of all lights on each zone. U. Set base line for the DAS (Diagnostic Acquisition System). Page 1 of 3 V. Keep all heavy equipment off of playing fields when possible. Repair damage to grounds which exceeds that which would be expected. Indentations caused by heavy equipment traveling over dry ground would be an example of expected damage. Ruts and sod damage caused by equipment traveling over wet grounds would be an example of damage requiring repair. W. Provide startup and aiming as required to provide complete and operating sports lighting system. X. Provide as built drawings on completion of installation. Y. Crane Lift Plans, screenings for other subcontractors, pre-approval of cranes or any contractor equipment to be used on site, Background Checks. Z. Provide and Install the required Community Development Block Grant signage. The Contract Administrator shall ensure the following: A. Contractor has complete access to the site for construction using standard 2 wheel drive rubber tire equipment. B. Locate existing underground utilities not covered by "One Call" and irrigation systems and sprinkler heads. Contractor will not be responsible for repairs to unmarked utilities. C. Locate and mark field reference points per Contractor's supplied layout. D. Verify that standard soils are defined as soils that can be excavated using standard earth auguring equipment. Contractor is not responsible for extra costs associated with foundation excavation in non-standard soils. E. An area on site is provided for disposal of spoils from foundation excavation. F. If required - provide sealed Electrical Plans. Page 2 of 3 EXHIBIT A LOCATION MAP I jrj ' +Y i II 'IiiIVIIIIIVm i °�'f�'i''�CI�� 1 i cr,�owetu r I % uop r Y � s AI,4 Page 3 of 3 Attachment B: Bid/Pricing Schedule I Ilummu o0o i o uoi Ben Garza Park Corpus Christi, TX To: City of Corpus Christi January 22, 2018 Buy Board Master Project: 146396, Contract Number: 512-16, Expiration: 09/30/2019 Commodity: Parks/Rec& Field Lighting Quotation Price—Materials and Installation Musco's Light-Structure GreenTm as described below, and delivered to the job site: T Ball and Baseball Field- (HID Metal Halide Light Source) .......................................................$303,680 • Baseball - Musco Materials including Control Link and 25 year warranty.........................................................................................................................$172,150 • T Ball- Musco Materials including Control Link and 25 year warranty........ $40,884 • Installation of the Musco system (including electrical).....................................$80,528 • Windstorm certificaiton for the Musco Poles.......................................................$3,333 • Stamped Structural Designs for the Musco Poles..............................................$4,000 • Bonding..........................................................................................................................$2,785 *Pricing is based off of the local wind speed of IBC 2015 150mph. Equipment Description Light-Structure Green TM in 5 Easy Pieces TM —complete from foundation to poletop • (8) Pre-cast concrete bases • (2) 60' Galvanized steel poles for T-Ball • (4) 70' Galvanized steel poles for Al-A2 and C1-C2 for baseball • (2) 80' Galvanized steel poles for 131-132 for baseball • Remote electrical component enclosures • Pole length wire harnesses • Factory-aimed and assembled luminaries • Control-Link® System for remote on/off control and performance monitoring with 24/7 customer support • CDBG sign requirements included. Benefits of Light-Structure Green TM • Reduction of energy and maintenance costs by 50% to 85% over typical 1500w HID equipment • Reduction of spill light and glare by 50% or more • Guaranteed light levels of 50/30fc on the baseball and 30/20fc on the T-Ball • Unmatched product assurance and warranty program that includes materials and onsite labor, eliminating100% of your maintenance costs for 25 years • 1 group re-lamp(s) of your facility after 5,000 hours of operation for HID fixtures, based on 250 annual usage hours for baseball and 200 usage hours forT-Ball. MUSCO fi©2016 Musco Sports Lighting, LLC -1 of 2- M-2169-enUS-1 I Ilummu o0o i o uoi Notes Quote is based on: • Shipment of entire project together to one location • 480 Volt, 3 Phase electrical system requirement • Structural code and wind speed = 2015 IBC, 150 MPH, Importance Factor C. • Owner is responsible for getting electrical power to the site, coordination with the utility, and any power company fees • Includes supply and installation of Musco system including underground wiring and conduit, service entrance panel board, and controls by a licensed contractor. • Standard soil conditions — rock, bottomless, wet or unsuitable soil may require additional engineering, special installation methods and additional cost • Confirmation of pole locations prior to production • CDBG sign requirements included Thank you for considering Musco for your sports lighting needs. Please contact me with any questions. Tim Oordt Sales Representative Musco Sports Lighting, LLC Phone: 512-658-6884 E-mail: tim.00rdt@musco.com MUSCO fi©2016 Musco Sports Lighting, LLC -2 of 2- M-2169-enUS-1 Attachment C: Insurance and Bond Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and 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 INSTALLATION FLOATER Value of the equipment Page 1 of 7 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 Page 2 of 7 Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing Ben Garza Park - Field Lights Installation, Maintenance and Repairs 01/25/2018 sw Risk Management Valid Through 12/31/2018 Page 3 of 7 00 61 16 PAYMENT BOND BOND NO. Contractor as Principal Surety Name: Name: Mailing address (principal place of business): Mailing address (principal place of business): Physical address (principal place of business): Owner Name: City of Corpus Christi,Texas Mailing address (principal place of business): Purchasing Division Surety is a corporation organized and existing 1201 Leopard Street 4t" Floor under the laws of the state of: Corpus Christi,Texas 78401 By submitting this Bond, Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone (main number): Field Lights for Ben Garza Park No. 50755 Telephone (for notice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price: $303,680.00 Bond Telephone: E-Mail Address: Date of Bond: (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll-free number.1-800-252-3439 be deemed an original. Payment Bond Form 00 61 16—1 Field Lights for Ben Garza Park No. 50755 Rev. 01-13-2016 Page 4 of 7 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: Date: Date: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 00 61 16—1 Field Lights for Ben Garza Park No. 50755 Rev. 01-13-2016 Page 5 of 7 00 61 13 PERFORMANCE BOND BOND NO. Contractor as Principal Surety Name: Name: Mailing address (principal place of business): Mailing address (principal place of business): Physical address (principal place of business): Owner Name: City of Corpus Christi,Texas Mailing address (principal place of business): Purchasing Division Surety is a corporation organized and existing 1201 Leopard Street 4t" Floor under the laws of the state of: Corpus Christi,Texas 78401 By submitting this Bond, Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Telephone (main number): Field Lights for Ben Garza Park No. 50755 Telephone (for notice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price: $303, 680.00 Bond Telephone: E-Mail Address: Date of Bond: (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of the Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll-free number.1-800-252-3439 be deemed an original. Performance Bond Form 00 61 13—1 Field Lights for Ben Garza Park No. 50755 Rev. 01-13-2016 Page 6 of 7 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: Date: Date: (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond Form 00 61 13—1 Field Lights for Ben Garza Park No. 50755 Rev. 01-13-2016 Page 7 of 7 Attachment D - Federal Requirements FEDERAL REQUIREMENTS TABLE OF CONTENTS Section No. Title FR-01 Breach of Contract Terms FR-02 Termination of Contract FR-03 Equal Employment Opportunity-41 CFR Part 60-1.4(b) FR-04 Standard Federal Equal Employment Opportunity Construction Contract Specifications— 41 CFR Part 60.4.3 FR-05 Copeland Anti-Kickback Act 29 CFR Part 5 FR-06 Davis-Bacon Labor Requirements 29 CFR part 5 FR-07 Contract Work hours and Safety Standards Act Requirements FR-08 Regulations Pertaining to Reporting FR-09 Rights to Inventions FR-10 Access to Records and Record Retention FR-11 Clean Air and Water Pollution Control FR-12 Energy Conservation Requirements FR-13 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion FR-14 Lobbying and Influencing Federal Employees FR-15 Economic Opportunities for Low and Very-Low Income Persons FR-16 Affirmative Action Regulations and Plan FR-17 Women and Minority Owned Businesses (M/WBE) FR-18 Accessibility Section 504 Compliance FR-19 Texas Architectural Barriers Act FR-20 Drug-Free Workplace Requirements FR-21 Field Requirements Page 1 of 45 FEDERAL REQUIREMENTS: FR-01 BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the contractor or their subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor as provided in 29 CFR 5.12. Page 2 of 45 FEDERAL REQUIREMENTS: FR-02 TERMINATION OF CONTRACT a. The City may, by written notice, terminate this contract in whole or in part at any time, either for the Clty's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the City. b. If the termination is for the convenience of the City, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. c. If the termination is due to failure to fulfill the contractor's obligations, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the City for any additional cost occasioned to the City thereby. d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, adjustment in the contract price shall be made as provided in this clause. e. The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or under this contract. Reference: 49 CFR Part 18.36(1)(2) Page 3 of 45 FEDERAL REQUIREMENTS: FR-03 EQUAL EMPLOYMENT OPPORTUNITY - Executive Order 11246 as amended, 41 CFR PART 60-1.4(b) During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3. The contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representatives of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedure authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provision, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. [Sec. 202 amended by Page 4 of 45 EO 11375 of Oct 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684. EO 12086 of Oct 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 203.Each contractor having a contract containing the provisions prescribed in Section 202 shall file, and shalt cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe. Contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information. The Secretary of Labor may direct that any contractor or subcontractor shall submit, as part of his/her Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this Order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union, or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Secretary of Labor may require. [Sec. 203 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684; EO 12086 of Oct. 5, 1978,43 FR 46501, 3 CFR, 1978 Comp., p,230 Reference:Executive Order 11246& Title 41 CFR Part 60-1.4 Page 5 of 45 FEDERAL REQUIREMENTS: FR-04 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS -41 CFR Part 60.4.3 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: (1) Black (all) persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 18.7a through 18.7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Page 6 of 45 Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. 6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or female sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least Page 7 of 45 once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such a superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (18.7a through 18.7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 18.7a through 18.7p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the Page 8 of 45 effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally,) the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized. 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 18.7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Reference:Executive Order 11246& Title 41 CFR Part 60—4.3 Page 9 of 45 FEDERAL REQUIREMENTS: FR-05 COPELAND "ANTI-KICKBACK" ACT— 18 U.S.C. 874/40 U.S.C. 276c/29 CFR Part 3 Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. TITLE 18, U.S.C. Sec. 874. Kickbacks from public works employees "Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined not more than $5,000 or imprisoned not more than five years, or both." [18 U.S.C. 874 (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 740, eff. Sept. 1, 1948) replaces the former sec. 1 of the Copeland Act of June 13, 1934 (48 Stat. 948), which was codified as 40 U.S.C. 276b prior to its repeal by 62 Stat. 862, eff. Sept. 1, 1948.] TITLE 40, U.S.C. (as amended) Sec. 276c, Regulations governing contractors and subcontractors "The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 of the United States Code (Criminal Code and Criminal Procedure) shall apply to such statements." [40 U.S.C. 276c, as amended (48 Stat. 948 as amended by 62 Stat. 862, 63 Stat. 108, and 72 Stat. 967) constitutes the Copeland Act in its present form, which is a revision of section 2 of the original Act of June 13, 1934, section 1 of the original Act was repealed coincidentally with its replacement by 18 U.S.C. 874, set out above.] Reorganization Plan No. 14 of 1950(15 F.R. 3176, 64 Stat. 1267, 5 U.S.C. 133z note): "In order to assure coordination of administration and consistency of enforcement of the labor standards provision of each of the [foregoing and other enumerated] Acts by the Federal agencies responsible for the administration thereof, the Secretary of Labor shall prescribe appropriate standards, regulations, and procedures, which shall be observed by these agencies, and cause to be made by the Department of Labor such investigations, with respect to compliance with and enforcement of such labor standards, as he deems desirable, ..." Page 10 of 45 FEDERAL REQUIREMENTS: FR-06 FEDERAL LABOR STANDARDS PROVISIONS (HUD 4010) DAVIS - BACON REQUIREMENTS Compliance with Davis-Bacon and Related Act Requirements: All rulings and interpretations of the Davis-Bacon and Related Acts Contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by reference. For additional information regarding Labor Rates, please go to the following United States Department of Labor website: httpe//www.dol.gov/whd/contracts/dbra.htm Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. 1. (i) Minimum Wages All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a.)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii) (a) Any class of laborers or mechanics, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and Page 11 of 45 (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budged under OMB control number 12150140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budged under OMB control number 12150140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budged under OMB control number 12150140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to David-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Page 12 of 45 Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014- 1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance, "signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under CFR 5.5(a)(3)(i) above and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. Page 13 of 45 (iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i) available for inspection, copying or transcription by authorized representatives of HUD or its designee, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman Page 14 of 45 wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in subparagraphs 1 through 11 of this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded. Government contracts by virtue of section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a) (1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CF Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12 (a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S. Criminal 1001. Additionally, U.S. Criminal Code Section 1 01 0, Title 18, U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C, "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of ..... influencing in any way the action of such Administration....makes, utters or publishes any statement Page 15 of 45 knowing the same to be false.....shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provision of this Contract are applicable shall be discharged or in any other manner discrimination against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. Reference: Title 29 CFR Part 5.5 WAGE RATES Page 16 of 45 General Decision Number : TMIGOOS! 01/0St2018 TX31 Superseded General Decision Nukbe= : TX20=031. Maze: Texas ConsZrucZ!wn Type: Heavy Counzies : Nuecas and San PazzLels Counzies in Texas- REAVY CONSTRUCTION PROJECTS CLnoludlng Sewer and Ma=er Line ConsZrucZ!wn and Drainage Prwfeo=s;;i Nose : Under Execu=Lve Order (ED) L3653, an hourly minimum wage, of ;10. 35 for calendar year 201E applies So all con=rac=s subfec= So She DauLs-Bacon Ac= forwhich She conzracz is awarded land any swL±cLZa=Lon was issued) on or afzer January 1, ZOIS . If =hms conoracZ is covered by the KO, She conSracZar muss pay all workers in any classiMca=Lon lisZed on =his wage deserminazion as leas= 110 . 35 per hour Car =he applicable wage rase !Lssad an =his wage deserMnavLon, if .i t, is h4gher'� for all hours spen= performing on She conzracz in calendar year 201S . The EO minimum wage rase will be adjuszed annually . Please noze Khat. =his ED applies we =he aboue-menzinned zypes of •con=rac=s enzered Lnzo by =he federal goueznmenz Zha= are subteo= So She Dauns-Bacon Ac= ==self, bus is does noZ apply so con=rac=s subfecz only So =he DavLs-Bacon Re fazed Ac=s, including =hose se= forM az 29 CFR AddLzional LnformasLon on consra=lor requLremenzs and worker promenzinns under. =he ED is auaLlable az www.dol .gov/whdigovaon=zac=s . ModifmcaZnwn Number PublicaZion DaZe, 0 01?05/201�D SUIXIM7-001 IZ/01/LM7 Ra=es, Fringes CARPEN7ER (Excluding Form e= .inn) . . . . . . . . . . . . . . . . . . . . . . . . . Q S . M5 Concre=e FLn±sher. . . . . . . . . . . . . . . . 0 7 . SE ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . . 0 18 . 37 Z. Y-� Laborers :� Common. . . . . . . . . . . . . . . . . . . . . . 0 7 . ZS UsLllay. . . . . . . . . . . . . . . . . . . . . 1 7 . 0'' Power equipmen= opeza=ozs: Backhoe. . . . . . . . . . . . . . . . . . . . . 9 . 21 MS=or Grader. . . . . . . . . . . . . . . . 0 0 . 72: ---------------------------------------------------------------- MELDERS - Receive raze prescribed for crafz performing operaLLan ao which welding is Ln=Ldenzal - Nose : Zmeous±ve Order (EC) 13706, Es=ab1LshLng Paid Sick Leave, for Federal Conzraczors applies So all cvnZracos subjec= So Zha- DavLs-Bacon Aar: for which she conorars is awarded and nny solLai=aZion was issued) an or afser January 1, 2017 . If =his conzraws is covered by She EQ she conzracun= musz prouLde employees wish I hour of paid sick leave for every 30 hours Ohey work, up =o SE hours of paid sick leave each year. Employees mus, be permLzwed =n use paid sick leane for ,he=r own illness, injuxy or osher healsh-rela=ed needs, Lnoluding preven=nve care; =a assts= a family member (or person who is Like family So She empLoyeel who is L11 , Lnfuzed, or has o=hez healzh-relased needs, including prevenziue care; or for reasons =esulLLng from, or co assLsz a family member Tor person who is Like family So She emnLoyeel who is a viazim of, domes i.._. violence, sexual assaaLz, or malkLng. AdMsLonal Lnfwrma=Lon on ron=rao7or requLremenws and worker przZe=WLsns under she E0 is available a= www.dwL .gvv1whd/qovcvnzraczs .. Unlisted classLficaZions needed for work no= included wLzhLn E &AP CREW 3:31:19 PM] Page 17 V 45 th,e sc:oe :,f the may Lhe added af7er awari:l :,n.Ly as in the standard-s c,,:,nI.ra,:t z,La.is.Fes Th,e b�: cf ea.rh waige Jeterm-_n,al.-_,:�n lists the cT'_a:S:S-_f:Lz,at:L.n an.d wage, rates th,,,at have ",rseen. fcruni:l :�: be p2:e-,,r&.:.L:Lnf.j f:,r the iz:Lteid :,f Zz,n:s-:Z,,_-=Lcn. in the area c,_ „"erect by the Wage, Tha_ :_Iass:L.fLc-atL-_xns are 1--staid :L.n 1:�rde?- :.fid e i f-e_?-:s" t_h,-.t _ri1d:Laate whe-her partaciu.Lar Z-ate as a 'LIn:L.-_xn rate ,,_zn_,:n n-P c_7 c7La.7eld af- rte r Lc,:,a , l�, , El rate, f.we-_fghteid e.VeZ-ad,- 2:.EiteB -�r a -LmL-_xn a.,u"e-rage rate, e-gh7ad -u.n:L.:,:n avem-"age ratep Una:,n Rate, IAJent:Lf_ers R f:,--iz let7er akbrevaatacn. :L.d!ent-_f:Ler enc,Lcsed dr,-eid '_Lnes w:L.-h characters c-her than S7L" _,.r UAIG1. - lln,: e ,tes th,,,at thuLccfn e n. n. la.ssaica.7Lc . and at re ,rere 7, c Lp re „a.i ng f c r tha.7, cl a as-_f:Lz,a.t:L,:,n an the s-ur-urev.. Examml e P'L UMT'l-I 1S,G-0 OS o-.,7) 1/220 4 - 71LU712 L:s a,n a lab t Lan :L dem n f L er _«f t h,e �_-i n- -In wh:Lch p re ^a.i L e d .in 7,we s�_-i r ve y for'r t hi..s z-1 a.S Sa f-_c a.t L c n, wh- 1:h, in 7 h:L.s e xa�rap le w ci.^.L d Le :'L umih�,e r s So 7 i n d- i-a 7 e=s: 7 h e, 7�-�cA,� . = -�,, eiis- counc:L' nmml:�er - u n.i-v n u m h,e r � _:C L C*7 wr Im,e r e a p rp.1-_c a.b'_e e P I,_-i mra a rs L,:c_RL 015�_ Tha_ nest ni.unber, 0 i n *:h e, e:-:amp I a :L s an L n t a r n a.L n i.LrEJD er u s e id -_n 1=r.C,C E S S:Ln.g wage, datermina.ti-xn.. 07?0_' as the effecti,,:e :I&.-:e cf the mcs,: ci.s.rren.t na_1g-=,-_ate1:I rate, --n this e3,.&.mple is:, 1, Una:,n MZeVaLl:LrIIg Wage, _7,ates are reflajzt all rate -he.n.iges Ln the, ec7j-�7e, 7n n -, L y,aining agree. t f.:2A g72ern. _= 7 rate_ Survey Rate Idant--fiers Cla.ss:Lf-_ca.-Lcns 1--sted ,_-inder -,he ",SU" :Ldan-t--fLer :Limdica7e -:ha.ty nc" :,ne rata pre-va.--Led fcr this :L.:rl the_ si.^.rvev and th,e rate is, by a bassd sr a.Ll 7he rates raarp:?rted in, 7he s-_-irvey fsz 7ha.7 zl&.ss:Lf-ca.tLcn_ As this -,re:L.�jhted a,,.erage rate all cerp,:«rt_ed in. -,he it iriy include L_«-,h uni-,n. and n=-,_,=n rates.. E.,-:anwcLe: "SUIA.20--Z-007 127., indicates t]-.e _re.7eS areS.Jr%re_y ZEIte'S based ,:�n a we_igh7ed a.,veraige zal,:--Ila 7 Lc«:M. C«f re.-'ems an�d a::e, TICt rates- L.A. inc.L:.c a.7 es t h,e Stale :f L:,._-i:L s- a n a . 201.2 -_s 7,h e Vee.Z "_f S`,_-Ir77eY :,n ,rh.Lch th"esp and rates are ',raased- '--he next nurm,r�er, 007 in the s=xample,, :Ls an in-ts-nA7 nuirl-ber ussid --n pr.c�ducinq the wragE cS,113,,12,D14 Lnd:Lj:&.7p:s 7he s-,--irVey a,:mplet-_on Ja-,e f:,r th.e cT'-a:ss--f:L,c,r;i-r-:L.,-In:s and _a-,es under tl,,at. 1den7-_f:L.er. S U.1:7,)-e y -,,7'a C p- 7a ra.7es a-re nct dated and zema:L.nin effeaj:t T.mt--L a new su.r,,,,ey is Una:,n _.7,)-eZaige REte- Ident:L.fLers Li:s7picl tmdar the -_nd-_,zate t0m,&.7 n:, s:Lngle m&.- Z7:L7y rate' 'ZIre77EI:Lle1:I f-Ir *:hose z_I&.ss:Lf-_ca.tLcns; 7-tz,we7,)-e::, i.001�, -_of the da.7,a rer__mrted fco-r the z_I&.sS:Lf-_ca.t:_cns wa.s unicn da.t-a_ n�daz,ates -th,at -,he =ate L F a we igh7,ed %m:L.,:,n a e r a C7e _ate. 17-�H nidac,ates h.a_tstate_ The neatn�_mlbe_Z,, 0_1 10 :L.n t h,e e x a np I a, i.,a an in7prna7L numr:l:)a__r used --n %pr:d-ujz:Lnfg. the wage, 7he s-,_=vSy fc"r the clas:s:L.fica.ti.-xn.s an.d rates _-mdpz 7hat Ldant:Lfier R racr_a w:L.'_L ,:,e- ulDidalteid :,nce a year, :Ln cf each. year, tc ref'_e_j:t a weLgh.ted average, �_f the, zurre= ne,:7-,t:La-:ed/CZA -Df the un.-_on LscaLE f::cn 7,he =,s,-te :L.s 1_'a._;a.1:1 DZTZRM�INATIIC,'N kp=Ai,,'S PpIC_,C_FSI'3 b . Has there, heen an in1.7La.'_ derisa:,n :L.n. the matter'? '-h.L:s can a dwbf�.1/23f`201 9 1:31:19 PM] Page 18 of 45 an, exis7,Ll g T,vur_a' is,9-s,r cV wags clea,erm-na.t--_:n sr«xv ,y un, r_-ir��y a wags cVea,e_rrn_,nat_,_n a. Waega and n,sur _D .vise_=n. _µftµ= sat'trn.g fS: th Z. a. °s,waege e eta2:.min t1:_«ru matter. a. c°_,nt_�r:r.a.nze and a.te.°p rr.sbrn.g Cm survey rela7ed r^ratt,er.s, rnLti.al c-_,n.ta.ct, inc--1--i :LnJgrecluests t-o-r. sr.rmmar--es ,_,t',' _ns_°,aeyAs, s➢1_,LT Lad te wit0-_, the Wage and. Reg- na_ Off:Lce t_,r the area. LnwhLc1-t, t0_a. ',sns_ ,a was nd.u.eted Leca-,_-ise t➢-1;-.seeRr"'ga--wa.'_ CDfficss have x.,a', p-ns_bLl_,ty for The Ie.,a_.,s-tea n. _,o,.x , a r• T r:_«g_i.r;;v.. --f the resyc_^n.se f r_or:U r0._s -nLt_.;a.l. a,c is n, sa-_st:a._t_x:yf. -hen the pr_ _,ease descr_O~^-eci rte, With. rEclarei t any c',the= e^�a�t-eL' :rt, t -et rine fco-r t0_e f' rmr.a. pr_,%ess cle..s�_rls..e-'c�Yher�eR rn,itLa.IL ,v,_ruta.r_,t sh.�-ra Lcl ere w--th 7he� 2Ira.rte,_h _t a=`F t_s-rti._-i «n, Wacre Daste,rmr.Lna.t'r_;n.s,. r to _,_ ,. Branch c;t: C. nl,str' rtr<,_n wgalge D1ete=m:Lna.t:L:,n',s. Na.ege and H _;sr Di r- si==n U.S. Da-L-m.a.rtmr.e nt _.f ]L,ao,.cr� I -,he ctl_Ewer -ti, he 4.'._7:ee-1=«:n Ln b, e` 1'..5: yre,E,, then a.n. .Lntsre_ _ed rpa.r_,y a _n._�.se a.ffe, _,ed by 7,he a =,ti,_n�, .:a.s_ r.�eqr.«e_,t� rev-e"w --and 'Tr,_PV": the Wage anyi _l_o11.S,,L'. dioM.Nf%r.:Ct_e'u,r'atC?r. es 'I- CFP: Part L-S a.ncl 29 ._;F7. Ca,_.t . PTr'it,e -,,_;',: bl`a.ege art eV n,, ..r' Rd ni.st a.-,,-;r. U.S. Dapa.rtm.ent =f ]Lao ,r. o-- _.petit_,t= � � a:n_, N N.Tl- Wa._h.inegt_«:nm D117, 20210 Th,e reerues7 be a,_c-_mrpartie~i Ley at fir.�IL]lsta.t,ermient r,f the P a.r_Y' and a y any in.f-«rTr.a t_,c_n ("Tac-le. p Pa.y^r�^u.�x"-_- eV a.r_,,,,. Z�r,_ s.?,_,t.. elevv,Lrl-a-i_«:rta area. .a=a.:=tL=°e rrna.-eria..]L. etc—°p 7hatt the rawitse=,,,__ r,;_,n=Lclers r,a- Le'.'"an.t to 7,he --ss-ue_ 7. , If -he, clec L,si_,n ,_«iE the Nein inli etra.tc«r is not an �Ln-r-ar.+e_ _eciV.. 1W a.L-,.yF may a.T C ea.IL s.._=e.,vt]Ly t.,_« -'_e the Waege ;�L.P.ea.IL's F,ca.rcV _wc;',: k_Ve':U.in-- tra.tive PLEView Li.S. Dieegiartr ent --,f 7Labu_,r� N.bl`- Wa._h.inegt_«:n, D.-, 20210 cle:_',L_,J-_,n.s ,_,y t,'_tie Ppv--ew E;_�a.rei are f--nal- END iDF, (=—;ZNFTM.w,,.LL Fll,.doblm ,1 23,'2019 7.:3.1.1P PNI) ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 19 of 45 FEDERAL REQUIREMENTS: FR-07 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT REQUIREMENTS 29 CFR PART 5 (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this paragraph. (4) Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this paragraph and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1)through (4) of this paragraph. (5) Health and Safety. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his/her health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 et seq. The Contractor shall include the provisions of this para-graph in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary Reference:29 CFR Part 5.5&Advisory Circular 150/5100-6d Page 20 of 45 FEDERAL REQUIREMENTS: FR-08 REGULATIONS REGARDING REPORTING INSTRUCTIONS HUD FORM 2516 This report is to be completed by grantees, developers, sponsors, builders, agencies, and/or project owners for reporting contract and subcontract activities of $10,000 or more under the following programs: Community Development Block Grants (entitlement and small cities); Urban Development Action Grants; Housing Development Grants; Multifamily Insured and Noninsured; Public and Indian Housing Authorities; and contracts entered into by recipients of CDBG rehabilitation assistance. Contracts/subcontracts of less than $10,000 need be reported only if such contracts represent a significant portion of your total contracting activity. Include only contracts executed during this reporting period. Section 3 This form has been modified to capture Section 3 contract data in columns 7g and 7i. Section 3 requires that the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low- and very low-income persons, particularly those who are recipients of government assistance for housing. Recipients using this form to report Section 3 contract data must also use Part I of form HUD- 60002 to report employment and training opportunities data. Form HUD-2516 is to be may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low-income families. Very low-income persons means low-income families (including single persons)whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. Submit two (2) copies of this report to your local HUD Office within ten (10) days after the end of the reporting period you checked in item 4 on the front. Community Development Programs 1. Grantee: Enter the name of the unit of government submitting this report. 2. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 3. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 7a. Grant Number: Enter the HUD Community Development Block Grant Identification Number (with dashes). For example: B-32-MC-25-0034. For Entitlement Programs and Small City multi-year comprehensive programs, enter the latest approved grant number. 7b. Amount of Contract/Subcontract: Enter the dollar amount rounded to the nearest dollar. If subcontractor ID number is provided in 7f, the dollar figure would be for the subcontract only and not for the prime contract. 7c. Type of Trade: Enter the numeric codes which best indicates the contractor's/subcontractor's service. If subcontractor ID number is provided in 7f., the type of trade code would be for the subcontractor only and not for the prime contractor. The "other" category includes supply, professional services and all other activities except construction and education/training activities. 7d. Business Racial/Ethnic/Gender Code: Enter the numeric code which indicates the racial/ethnic /gender character of the owner(s) and controller(s) of 51% of the business. When 51% or more is not owned and controlled by any single racial/ethnic/ gender category, enter the code which seems most appropriate. If the subcontractor ID number is provided, the code would apply to the subcontractor and not to the prime contractor. 7e. Woman Owned Business: Enter Yes or No. Page 21 of 45 7f. Contractor Identification (ID) Number: Enter the Employer (IRS) Number of the unique identifier for prime recipient of HUD funds. Note that the Employer (IRS) Number must be provided for each contract/subcontract awarded. 7g. Section 3 Contractor: Enter Yes or No. 7h. Subcontractor Identification (ID) Number: Enter the Employer (IRS) Number of the subcontractor as the unique identifier for each subcontract awarded from HUD funds. When the subcontractor ID Number is provided, the respective Prime Contractor ID Number must also be provided. 7i. Section 3 Contractor: Enter Yes or No. 7j. Contractor/Subcontractor Name and Address: Enter this information for each A Section 3 contractor/subcontractor is a business concern that provides economic opportunities to low-and very low-income residents of the metropolitan area (nonmetropolitan county), including a business concern that is 51 percent or more owned by low- or very low-income residents; employs a substantial number of low- or very low- income residents; or provides subcontracting or business development opportunities to businesses owned by low- or very low-income residents. Low- and very low-income residents include participants in Youth build programs established under Subtitle D of Title IV of the Cranston-Gonzalez National Affordable Housing Act. The terms "low-income persons" and "very low-income persons" have the same meanings given the terms in section 3(b) (2) of the United States Housing Act of 1937. Low-income persons mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish Income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's findings such that variations are necessary because of prevailing levels of construction costs or unusually high or low-income families. Very low-income persons mean low-Income families (including single persons) whose incomes do not exceed 50 percent of the median family Income area, as determined by the Secretary with adjustments or similar and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. INSTRUCTIONS FOR: FORM HUD-60002, Section 3 Summary Report, Economic Opportunities for Low-and Very Low-Income Persons. Instructions: This form is to be used to report annual accomplishments regarding employment and other economic opportunities provided to low- and very low-income persons under Section 3 of the Housing and Urban Development Act of 1968. The Section 3 regulations apply to any public and Indian housing programs that receive: (1) development assistance pursuant to Section 5 of the U.S. Housing Act of 1937; (2) operating assistance pursuant to Section 9 of the U.S. Housing Act of 1937; or (3) modernization grants pursuant to Section 14 of the U.S. Housing Act of 1937 and to recipients of housing and community development assistance in excess of $200,000 expended for: (1) housing rehabilitation (including reduction and abatement of lead-based paint hazards); (2) housing construction; or (3) other public construction projects; and to contracts and subcontracts in excess of$100,000 awarded in connection with the Section-3-covered activity. Form HUD-60002 has three parts, which are to be completed for all programs covered by Section 3. Part I relates to employment and training. The recipient has the option to determine numerical employment/training goals either on the basis of the number of hours worked by new hires (columns B, D, E and F). Part II of the form relates to contracting, and Part III summarizes recipients' efforts to comply with Section 3. Recipients or contractors subject to Section 3 requirements must maintain appropriate documentation to establish that HUD financial assistance for housing and community development programs were directed toward low- and very low-income persons.*A recipient of Section 3 covered assistance shall submit one copy of this report to HUD Headquarters, Office of Fair Housing and Equal Opportunity. Where the program providing assistance requires an annual performance report, this Section 3 report is to be submitted at the same time the program performance report is submitted. Where an annual performance report is not required, Page 22 of 45 this Section 3 report is to be submitted by January 10 and, if the project ends before December 31, within 10 days of project completion. Only Prime Recipients are required to report to HUD. The report must include accomplishments of all recipients and their Section 3 covered contractors and subcontractors. HUD Field Office: Enter the Field Office name. 1. Recipient: Enter the name and address of the recipient submitting this report. 2. Federal Identification: Enter the number that appears on the award form (with dashes). The award may be a grant, cooperative agreement or contract. 3. Dollar Amount of Award: Enter the dollar amount, rounded to the nearest dollar, received by the recipient. 4 & 5. Contact Person/Phone: Enter the name and telephone number of the person with knowledge of the award and the recipient's implementation of Section 3. 6. Reporting Period: Indicate the time period (months and year)this report covers. 7. Date Report Submitted: Enter the appropriate date. 8. Program Code: Enter the appropriate program code as listed at the bottom of the page. 9. Program Name: Enter the name of HUD Program corresponding with the "Program Code" in number 8. Part I: Employment and Training Opportunities Column A: Contains various job categories. Professionals are defined as people who have special knowledge of an occupation (i.e. supervisors, architects, surveyors, planners, and computer programmers). For construction positions, list each trade and provide data in columns B through F for each trade where persons were employed. The category of "Other" includes occupations such as service workers. Column B: (Mandatory Field) Enter the number of new hires for each category of workers identified in Column A in connection with this award. New hire refers to a person who is not on the contractor's or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column C: (Mandatory Field) Enter the number of Section 3 new hires for each category of workers identified in Column A in connection with this award. Section 3 new hire refers to a Section 3 resident who is not on the contractor's or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column D: Enter the percentage of all the staff hours of new hires (Section 3 residents) in connection with this award. Column E: Enter the percentage of the total staff hours worked for Section 3 employees and trainees (including new hires) connected with this award. Include staff hours for part-time and full-time positions. Column F: (Mandatory Field) Enter the number of Section 3 residents that were trained in connection with this award. Part II: Contract Opportunities Block 1: Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the project/program. Item B: Enter the total dollar amount of contracts connected with this project/program that were awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Block 2: Non-Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the project/program. Item B: Enter the total dollar amount of contracts connected with this project awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Part III: Summary of Efforts—Self-explanatory Submit one (1) copy of this report to the HUD Headquarters Office of Fair Housing and Equal Opportunity, at the same time the performance report is submitted to the program office. The Section 3 report is submitted by January 10. Include only contracts executed during the period specified in item 8. PHAs/IRAs are to report all contracts/subcontracts. Page 23 of 45 * The terms "low-income persons" and very low-income persons" have the same meanings given the terms in section 3 (b) (2) of the United States Housing Act of 1937. Low-income persons mean families (including single persons)whose incomes do not exceed 80 percent of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that The Secretary may establish income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's findings such that variations are necessary because of prevailing levels of construction costs or unusually high- or low-income families. Very low-income persons mean low-income families (including single persons) whose incomes do not exceed 50 percent of the median family income area, as determined by the Secretary with adjustments or smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. Page 24 of 45 r 2 n 75 F g? Q -ER 'M Sa .2 79 pe fo 0g cn Gmn cL lo 6-4 9 v Li S:A% lz m 16 Pi o 114 ta IV tr, P4 Page 25 of 45 Section 3 Summary Report U.S.Department of Housing OMB Approval No: 2529-0043 Economic Opportunities for and Urban Development (exp.11/30/2010) Low—and Very Low-Income Persons Office of Fair Housina And Equal Opportunity HUD Field Office: Section back of page for Public Reporting Burden statement HUD Field Office: 1.Recipient Name&Address: (street,city,state,zip) 2.Federal Identification: (grant no.) 3.Total Amount of Award: 4.Contact Person 5.Phone: (Include area code) 6.Length of Grant: 7.Reporting Period: 8.Date Report Submitted: 9.Program Code: (Use separate sheet 10. Program Name: for each program code) Part I: Employment and Training(**Columns B,C and F are mandatory fields. Include New Hires in E&F) A B C D E F Number of Number of New %of Aggregate Number %of Total Staff Hours Number of Section 3 Job Category New Hires Hires that are of Staff Hours of New Hires for Section 3 Employees Trainees Sec.3 Residents that are Sec.3 Residents and Trainees Professionals Technicians Office/Clerical Construction by Trade(List) Trade Trade Trade Trade Trade Other(List) Total *Program Codes 3=Public/Indian Housing 4=Homeless Assistance 8=CDBG State Administered 1=Flexible Subsidy A=Development, 5=HOME 9=Other CD Programs 2=Section 202/811 B=Operation 6=HOME State Administered 10=Other Housing Programs r-nn...�o�����e..� �-rnan❑�eeo.,o�� Page 1 of 2 form HUD 60002(6/2001) Ref 24 CFR 135 Page 26 of 45 Part II: Contracts Awarded 1. Construction Contracts: A. Total dollar amount of all contracts awarded on the project $ B. Total dollar amount of contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses D. Total number of Section 3 businesses receiving contracts 2. Non-Construction Contracts: A. Total dollar amount all non-construction contracts awarded on the project/activity $ B. Total dollar amount of non-construction contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses D. Total number of Section 3 businesses receiving non-construction contracts Part III: Summary Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs, to the greatest extent feasible, toward low-and very low-income persons, particularly those who are recipients of government assistance for housing. (Check all that apply.) Attempted to recruit low-income residents through: local advertising media,signs prominently displayed at the project site, contracts with the community organizations and public or private agencies operating within the metropolitan area(or nonmetropolitan county)in which the Section 3 covered program or project is located,or similar methods. Participated in a HUD program or other program which promotes the training or employment of Section 3 residents. Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is located. Other;describe below. Public reporting for this collection of information is estimated to average 2 hours per response,including the time for reviewing instructions, searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. This agency may not collect this information,and you are not required to complete this form,unless it displays a currently valid OMB number. Section 3 of the Housing and Urban Development Act of 1968,as amended,12 U.S.C. 1701 u,mandates that the Department ensures that employment and other economic opportunities generated by its housing and community development assistance programs are directed toward low-and very-low income persons,particularly those who are recipients of government assistance housing. The regulations are found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients'compliance with Section 3,to assess the results of the Department's efforts to meet the statutory objectives of Section 3,to prepare reports to Congress,and by recipients as self-monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection of information involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6)of the Fair Housing Act and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative;personal identifying information is not included. Page 2 of 2 form HUD 60002(11/2010) Ref 24 CFR 135 Page 27 of 45 FEDERAL REQUIREMENTS: FR-9 RIGHTS TO INVENTIONS All rights to inventions and materials generated under this contract are subject to regulations issued by HUD or its designee and the Sponsor of the Federal grant under which this contract is executed. Reference: Title 49 CFR Part 18.36(1)(8) Page 28 of 45 FEDERAL REQUIREMENTS: FR-10 ACCESS TO RECORDS AND RECORD RETENTION The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide the Sponsor, HUD and the Comptroller General of the United States or any of their duly authorized representative's access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. Reference: Title 49 CFR Part 18.36(1) Page 29 of 45 FEDERAL REQUIREMENTS: FR-11 CLEAN AIR AND WATER POLLUTION CONTROL Contractors and subcontractors agree: a. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; c. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; d. To include or cause to be included in any construction contract or subcontract which exceeds $ 100,000 the aforementioned criteria and requirements. Reference: Clean Air Act(42 U.S.C. 7401 et seq.), Federal Water Pollution Control Act(33 U.S.C. 1251 et seq.) as amended, (49 CFR Part 18.36(1) (12) & Section 306 of the Clean Air Act& Section 508 of the Clean Water Act Page 30 of 45 FEDERAL REQUIREMENTS: FR-12 ENERGY CONSERVATION REQUIREMENTS The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). Reference: Title 49 CFR Part 18.36&Public Law 94-163 Page 31 of 45 FEDERAL REQUIREMENTS: FR-13 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The Contractor certifies, by acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Reference:49 CFR Part 29&FAA Order 5100.38C Page 32 of 45 FEDERAL REQUIREMENTS: FR-14 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (1) No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions. Reference: Title 49 CFR Part 20, Appendix A Page 33 of 45 FEDERAL REQUIREMENTS: FR-14 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The Contractor certifies, by acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Reference:49 CFR Part 29&FAA Order 5100.38C Page 34 of 45 FEDERAL REQUIREMENTS: FR-15 ECONOMIC OPPORTUNITIES FOR LOW AND VERY-LOW INCOME PERSONS Section 3 Clause. Housing and Urban Development Act of 1968 All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Page 35 of 45 section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). § 135.40 Providing other economic opportunities. (a) General. In accordance with the findings of the Congress, as stated in section 3, that other economic opportunities offer an effective means of empowering low-income persons, a recipient is encouraged to undertake efforts to provide to low-income persons economic opportunities other than training, employment, and contract awards, in connection with section 3 covered assistance. (b) Other training and employment related opportunities. Other economic opportunities to train and employ section 3 residents include, but need not be limited to, use of "upward mobility", "bridge" and trainee positions to fill vacancies; hiring section 3 residents in management and maintenance positions within other housing developments; and hiring section 3 residents in part-time positions. (c) Other business related economic opportunities. (I) A recipient or contractor may provide economic opportunities to establish, stabilize or expand section 3 business concerns, including micro-enterprises. Such opportunities include, but are not limited to the formation of section 3 joint ventures, financial support for affiliating with franchise development, use of labor only contracts for building trades, purchase of supplies and materials from housing authority resident-owned businesses, purchase of materials and supplies from PHA resident-owned businesses and use of procedures under 24 CFR part 963 regarding HA contracts to HA resident-owned businesses. A recipient or contractor may employ these methods directly or may provide incentives to non-section 3 businesses to utilize such methods to provide other economic opportunities to low- income persons. (2) A section 3 joint venture means an association of business concerns, one of which qualifies as a section 3 business concern, formed by written joint venture agreement to engage in and carry out a specific business venture for which purpose the business concerns combine their efforts, resources, and skills for joint profit, but not necessarily on a continuing or permanent basis for conducting business generally, and for which the section 3 business concern: (i) Is responsible for a clearly defined portion of the work to be performed and holds management responsibilities in the joint venture; and (ii) Performs at least 25 percent of the work and is contractually entitled to compensation proportionate to its work. Subpart C [Reserved] Page 36 of 45 FEDERAL REQUIREMENTS: FR-16 AFFIRMATIVE ACTION REGULATIONS AND PLAN An Affirmative Action Plan (AAP) must be submitted by the prime contractor and all subcontractors who have subcontracts of $10,000 or more on the project. These must be displayed on the project bulletin board or posted on site for employee view and must include the percentage of AAP goals. Page 37 of 45 FEDERAL REQUIREMENTS: FR-17 WOMEN AND MINORITY OWNED BUSINESSES (M/WBE) The Contractor will do the best efforts to afford small business (Section 3 (a) of the Small Business Act), minority businesses enterprises and women business enterprises (51% + owned or controlled by minority group members or women)the maximum practicable opportunity to participate in the performance of this project. Page 38 of 45 FEDERAL REQUIREMENTS: FR-18 ACCESSIBILITY SECTION 504 COMPLIANCE CDBG regulations require adherence to the following regulations: Americans with Disabilities Act (ADA) removal of architectural and communications barriers. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in Federally assisted programs on the basis of disability. Page 39 of 45 FEDERAL REQUIREMENTS: FR-19 TEXAS ARCHITECTURAL BARRIERS ACT Elimination of Architectural Barriers , Government Code Chapter 469.- The intent of this chapter is to ensure that each building and facility subject to this chapter is accessible to and functional for persons with disabilities without causing the loss of function, space, or facilities. A State compliance certificate will be required at completion of project construction for contracts $50,000 and above; the contractor shall strictly adhere to the construction approved drawings and specifications to accomplish final Certification from the Texas Department of Licensing and Regulations (TDLR.) Page 40 of 45 FEDERAL REQUIREMENTS: FR-20 DRUG-FREE WORKPLACE REQUIREMENTS The Drug-Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each potential recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. Page 41 of 45 FEDERAL REQUIREMENTS: FR-21 FIELD REQUIREMENTS TO BE POSTED: All posting documents must be placed in a visible location at the job site on a notice board: Davis-Bacon Poster: The WH Publication 1321 must be placed in a visible location at the job site on a notice board with the Contractor's and sub-contractors' Affirmative Action Plans when applicable. Davis-Bacon Prevailing Wage Rates: The Contractor shall display in a visible location at the job site on a notice board for employee viewing the Federal Wage Rates that apply to each Individual type of project. HUD Form 4010 Federal Labor Standards Provisions: The Contractor must be place in a visible location at the job site on a notice board the requirements of Davis- Bacon, Copeland, and Contract Work Hours and Safety Standards Acts. Section 3 Notice: The Contractor must inform workers of Economic Opportunities for Low and Very-Low Income Persons. Information pertaining to this notice must be placed in a visible location at the job site on a notice board. Executive Order 112461: The Contractor must place in a visible location at the job site on a notice board requirements that set forth the anti-discrimination policy for this project. Parts II & III of this Executive Order are applicable along with Executive Order 11375 concerning employment discrimination on the basis of race, color, sex, religion and national origin. Affirmative Action Plan: An Affirmative Action Plan must be submitted by the prime contractor and all sub-contractors who have sub-contracts of $10,000.00 or more on the project. These plans must be displayed on the project bulletin board for employee view CDBG Project Sign: Project Sign: Contractors responsible to install in a visible location as selected by the City, a CDBG Project Sign prior to commencement of construction. Dimensions and design is attached. The field location will be determined prior to work start. Compliance Affidavit: The Contractor must sign and return the attached affidavit to the City prior to beginning work on the project. Affirmative Action Plan: The Contractor must submit and post this plan at the jobsite. Affidavit and Waiver of Lien by Contractor: The Contractor must complete, sign and return this waiver with each request for payment. Page 42 of 45 CDBG PROJECT SIGN a Red Background White Letters CITY OF CORPUS CHRISTI White Community Development Block Grant (CDBG) Background Black U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Letters (HUD) CDBG FUNDS: $ Total Pro ect Cost: $ Blue • • Background ' •• ® _ ®- White Letters 4' 3'6" Contractor to locate sign where it is most visible to the public and as approved by City Sign is made from a 4 feet x 8 feet sheet of 3/4" plywood. Sign should be posted at a minimum of than 3' 6" high from ground level. Page 43 of 45 AFFIRMATIVE ACTION PLAN in compliance with Executive Order No. 1 1246 and Section 3 of the 1968 Housing & Urban Development Act regarding Equal Employment Opportunity hereby gives notice that no person in the United States shall, on the ground of race, color, religion, sex or national origin, be denied employment, and further assurance is also given that will immediately take any reasonable measures necessary to effectuate this policy. Notice of the policy will be placed in plain sight on the job location for the benefit of interested parties, and all subcontractors will be so notified. All Equal Opportunity posters will be displayed as required. has been appointed as the Equal Employment Opportunity Officer to coordinate company efforts, to advise and assist key personnel and staff, and officially serve as focal point for complaints, inquires, etc. Attachment #2 reflects present employment of the company and percentage goals for projected hiring of lower-income residents, minorities and women. AFFIRMATIVE SUBCONTRACTING In accordance with Paragraph 135.70 of Section 3, Attachment #I reflects anticipated subcontractor(s) needed (by craft) and approximate dollar amounts in each category for the duration of this project. will use the HUD Business Registry, as far as possible, in the project area and inform subcontractors of the need to be on the HUD Registry. Specific efforts will be made to contact and use minority-owned businesses in the project area to the maximum extent feasible. Section 3 requirements and language will be in each subcontractor bid and/or proposal for work on this project. Compliance with Section 3 and Executive Order No. 1 1246 will be required of all subcontractors of$10,000 or more. UTILIZING LOWER INCOME RESIDENTS,MINORITIES AND WOMEN To the maximum extent feasible, and any subcontractors will use lower income residents as trainees, apprentices and workers (if qualified) to complete the work on this project. Special outreach efforts will be made to various public and private recruitment sources such as the Texas Employment Commission and Manpower. Special efforts will also be made to recruit minorities and women. and all its subcontractors will determine by craft and/or position the approximate manpower needs to complete the project. The manpower needs will be made known to the resources named above. Attachments #2 and #3 shall be completed by and each subcontractor to assure that reasonable goals and target dates are a formal part of any contract or subcontract. Attachment #2 indicates current workforce, and Attachment #3 shows projected workforce needs and goals for lower income residents, minorities and women. PROMOTION, DEMOTION, PAY RATES, LAYOFFS, ETC. All personnel actions of the company shall be made on a nondiscriminatory basis without regard to race color, religion, sex or national origin. We will inform each subcontractor of these affirmative action requirements and insure compliance. RECORDS AND REPORTS will submit all reports required in a timely fashion. The Company will also assure that all subcontractors shall submit required reports as needed. (print) Name of Executive Officer SIGNATURE DATE (print) Name of EEO Officer SIGNATURE DATE COMPANY NAME: ADDRESS: PHONE NO.: Page 44 of 45 AFFIDAVIT AND WAIVER OF LIEN BY CONTRACTOR STATE OF TEXAS COUNTY OF Personally appeared before me, the undersigned authority in and for said State and County, (Name[Title) of (Name of Company) which firm is hereinafter called"Contractor", who being duly sworn states on oath that he has personal knowledge of the following: 1 Contractor has paid in full all debts, obligations, and liabilities(including, without limitation, all debts,obligations, and liabilities for labor, materials, equipment or services,and for all local, state or federal taxes)which have been incurred by Contractor, or which are claimed by others to have been incurred by Contractor, or which have arisen in corlurction with work done, or labor, materials, equipment or services furnished by Contractor under contract with the City of Corpus Christy on the (Project Name) 2, This Affidavit and Waiver is made and given upon and in exchange for final payment of all sums due Contractor by the City of Corpus Christi under the terms of said contract, In consideration therefor, Contractor waives and releases any and all claims and any and all liens or rights to liens which Contractor has or may have against the City of Corpus Christi for amounts due and owing to Contractor by virtue of Contractor furnishing the labor, materials,equipment or services referred to above. Theabove statements are made by (Name)of (Name of Company) individually and on behalf of the Contractor. (Name and Title) (Company Name) Sworn to and subscribed before me on (Date)- Notary Public State of Texas Commission Expires END OF FEDERAL REQUIREMENTS Page 45 of 45 SC o� � U AGENDA MEMORANDUM Future Item for the City Council Meeting of February 20, 2018 "`1852E° Action Item for the City Council Meeting February 27, 2018 DATE: February 9, 2018 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive Director of Utilities anG cctexas.com (361) 826-1718 Interlocal Agreement for Storm Water Survey CAPTION: Resolution authorizing an Interlocal Agreement with Texas A & M University — Corpus Christi in the amount of$8,450 for a city-wide storm water survey. PURPOSE: This item is to approve the Interlocal Agreement with Texas A&M University — Corpus Christi for a stormwater survey to determine what education and outreach has been beneficial to residents and what changes need to be made to the program in the future. BACKGROUND AND FINDINGS: The TCEQ Municipal Separate Storm Sewer System (MS4) Permit requires the City of Corpus Christi to have public education program components in our Storm Water Management Plan which promotes and publicizes the public reporting of illicit discharges or improper disposal of materials including floatables into the storm water system; the proper management and disposal of used oil and household hazardous wastes; and the proper use application and disposal of pesticides herbicides and fertilizers by public commercial and private applicators and distributors to the general public and assess those educational outcomes. Stormwater surveys were conducted in 2008 and 2013 and were successful in guiding the means in which residents are educated. Data from the surveys also show the ability of education and outreach to help protect the City's MS4 and bays from stormwater pollution. ALTERNATIVES: Use City of Corpus Christi resources and funding to survey residents in understanding of Stormwater pollution prevention. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Utilities Department - Water FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures Current 2018 (CIP only) Year Future Years TOTALS Line Item Budget $49,500 $49,500 Encumbered / Expended Amount $5,699 $5,699 This item $8,450 $8,450 BALANCE $35,351 $35,351 Fund(s): Storm Water Comments: none RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Interlocal Agreement Resolution authorizing an Interlocal Agreement with Texas A & M University — Corpus Christi in the amount of $8,450 for a city-wide storm water survey. WHEREAS, Section 791.035 of the Texas Government Code states that a local government and an institution of higher education or university system may contract with one another to perform any governmental functions and services; 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 an Interlocal Agreement with Texas A & M University- Corpus Christi for not to exceed amount of $8,450.00 for a city-wide storm water survey. A copy of the interlocal agreement is on file with the City Secretary's Office. This Resolution shall be and become effective immediately upon and after its adoption and approval. PASSED AND APPROVED this the day of ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Mayor Joe McComb Rudy Garza Paulette Guajardo Debbie Lindsey-Opel Michael Hunter Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn INTERLOCAL COOPERATION AGREEMENT BETWEEN TEXAS A & M UNIVERSITY -- CORPUS CHRISTI AND THE CITY OF CORPUS CHRISTI WHEREAS, Texas A & M University -- Corpus Christi ("TAMU-CC") and the City of Corpus Christi ("City") are authorized by Chapter 791 of the Texas Government Code to enter into an interlocal cooperation agreement; WHEREAS, the City of Corpus Christi is required under provisions of Section 402 of the Federal Clean Water Act and Chapter 26 of the Texas Water Code to conduct public education program component in their Storm Water Management Plan promotes and publicizes the 1) public reporting of illicit discharges or improper disposal of materials including floatables into the storm water system; 2) the proper management and disposal of used oil and household hazardous wastes; and 3) the proper use application and disposal of pesticides herbicides and fertilizers by public commercial and private applicators and distributors to the general public and assess those educational outcomes. This project is established under the approval of the Federal Environmental Protection Agency and the Texas Commission on Environmental Quality to study, evaluate, or otherwise examine: i) the public benefit of the City of Corpus Christi Department of Storm Water Services educational programs for the City of Corpus Christi; ii) procedures used under the storm water education programs; iii) possible changes in or alternatives to storm water educational programs; or iv) possible changes in methods or levels of educational services under storm water education programs. WHEREAS, the project objectives include the funding of the Texas A&M University Corpus Christi Social Science Research Center conducting a web-based survey of approximately 500 respondents of Corpus Christi using an instrument that closely replicates the survey instrument utilized in the Storm Water Survey project conducted by TAM U-CC in 2013. NOW, THEREFORE, the parties hereto agree as follows: 1. PURPOSE. The purpose of this Agreement is for TAMU-CC's Social Science Research Center to conduct an anonymous random web based survey of approximately 500 respondents of Corpus Christi and compare the data to that data gathered in 2013.1 2. STATEMENT OF WORK. TAMU-CC agrees to conduct a web based survey of residents of the City of Corpus Christi regarding their knowledge, behavior and understanding of storm water issues utilizing a similar survey instrument from the Storm Water Survey Project in 2013. The principle investigator will analyze the current data, compare it to the 2013 analysis and report the findings to City management. 3. PRINCIPALS. The work will be supervised by TAMU-CC'S, Daniel J. Jorgensen, Ph.D. Professor of Public Administration. If, for any reason, he is unable to continue to serve, Page 1 of 6 and a successor(s) acceptable to both TAMU-CC and the City is riot available, this Agreement shall be terminated as provided herein. 4. PERIOD OF PERFORMANCE. The work described above shall be conducted from January 15, 2.018 through August 31, 2018, or until all required reports and data have been accepted by the City, whichever*date is earlier. 5. PRICE AND PAYMENT. a. As compensation for the performance of this Agreement, the City agrees to pay TAIVIU- CC a flat fee contract of eight thousand four hundred and fifty dollars and no cents ($8450-00). b. The parties agree the City will not pay more than 20% in in-direct costs (IDC) for this project,which is included in the $8,450 contract fee. c. Total compensation for the performance of this Agreement shall be a flat fee contract of eight thousand four hundred and fifty dollars and no cents ($8,450.00). The budget is attached as Exhibit A. d. The Par-ties agree that all expenditures under this Agreement shall be paid with current revenues of the paying party. e. The parties acknowledge that continuation of this Agreement beyond current fiscal year is subject to annual budget process and appropriation of funds. f. Compensation of eight thousand four hundred and fifty dollars ($8,450) from the City of Corpus Christi will be due to TAIVIU-CC no later than 30 days after signing this Agreement. The invoice for compensation shall be submitted to the following address: City of Corpus Christi Attn: Crystal Ybanez Storm Water Department P,O. Box 9277 Corpus Christi, TX., 78469-9277 As well as an email copy of the invoice for compensation to CrystalY@cctexas.com 6. DELIVERABLE& The deliverables required under this Agreement are: a. A file which includes data from the 2018 survey that can be read in excel form. b. A brief report of 2018 survey findings and comparison to 2013 data. The City retains ownership of all deliverables provided under this Agreement. TAMU-CC must receive permission from the City prior to using any information in any way. If Page 2 of 6 permission is granted, TAIVIU-CC must provide appropriate citation to the City of Corpus Christi as the funding source. 7. TERMINATION. Performance under this Agreement may be terminated by the City with or without cause, upon sixty days written notice. Performance may be terminated by TAIVIU-CC, if circumstances beyond its control preclude continuation of the program. Upon termination without cause, TAIVIU-CC will be reimbursed as specified in Paragraph 5 of all costs and non-cancelable commitments incurred in the performance of the program, that are reimbursable under this Agreement. 8. NOTICES. All legal notices to parties under this Agreement shall be in writing and sent to the names and addresses stated below. Either party to this the Agreement may change the name and address by written notice to the other in accordance herewith, and any change shall take effect immediately upon receipt of the notice. TAM:U-CC Texas A & M1 University - Corpus Christi Attn:Contracts Director, or authorized designee 6300 Ocean Drive; Unit 5731 Corpus Christi, TX, 78412-5731 contrac L1cc.edL1 .".-—_..- CITY City of Corpus Christi Attn: Crystal Ybanez Storm Water Department P.O. Box 9277 Corpus Christi, TX, 78469 Telephone: 361,826.1289 CrystalY@cctexas.com Correspondence/discussion related to this project to: Texas, A&M University - Corpus Christi Attn: Dr. Daniel Jorgensen, or authorized designee 6300 Ocean Drive, BFI 348 Corpus Christi, Texas 7841,2 Telephone: (361) 825-3269 9. LIABILITY. It is understood that City shall not be liable for any claims against TAMU- CC, its employees, or third persons, other, than City's employees, for damage resulting from or arising out of the activities of TAMU-CC personnel under this Agreement, and TAIVIU-CC agrees, to the extent permitted by the laws of the State of Texas, to hold City Page 3 of 6 harmless from any and all claims. It is also understood that TAMU-CC shall not be held liable for any claims against City's employees, of damage resulting from or arising out of activities of the City, its employees, or third persons, other than TAMU-CC employees, and City agrees, to the extent permitted by the laws of the State of Texas, to hold TAMIU- CC harmless from any and all claims. Insurance. City acknowledges that, because TAMU-CC is an agency of the State of Texas, liability for the tortious conduct of the agents and employees of TAMU-CC or for injuries caused by conditions of tangible state property is provided solely by the provisions of the Texas Tort Claims Act (Texas Civil Practice and Remedies Code, Chapters 101 and 104), and that Workers' Compensation Insurance coverage for employees of TAMIJ- CC is provided by TAIVIU-CC as mandated by the provisions of Chapter 502, Texas Labor Code., TAMU-CC shall have the right, at its option, to (a) obtain liability insurance protecting TAIVILI-CC and its employees and property insurance protecting TAMU-CC's buildings and contents, to the extent authorized by Section 51.966, Texas Education Code, or other law, or (b) self-insure against any risk that may be incurred by TAIVILI-CC as a result of its operations under this Agreement. 10. INDEPENDENT CONTRACTOR. For the purposes of the Agreement and all services to be provided under this Agreement, the parties shall be, and shall be deemed to be, independent contractors and not agents or employees of the other party. Neither party shall have authority to make any statements, representations or commitments of any kind, or to take any action which shall be binding on the other party, except as may be explicitly provided for, in this Agreement or authorized in writing. 1,1. AMENDMENTS AUTHORIZED. The representatives who are authorized to sign this Agreement, shall also be authorized to execute amendments to this Agreement, such as changes in deadlines and minor changes in the scope of work. 12. SEVERABILITY. If any of the provisions of this Agreement or the application thereof to any person or circumstance, is rendered or declared illegal for any reason, or shall be invalid or unenforceable, the remainder of the Agreement and the application of the provision to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent by applicable law. The City and TAMU-CC agree that this Agreement shall be reformed to replace the stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention, of the stricken provision. 13. DISPUTE RESOLUTION PROCESS. The dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by TAMU-CC and the City to attempt to resolve any claim for breach of contract made by City that cannot be resolved in the ordinary course of business. City shall submit written notice of a claim of breach of contract under this Chapter to TAMU-CC's Director Page 4, of 6 of Contracts, or his/her authorized designee, who shall examine City's claim and any counterclaim, and negotiate with City in an effort to resolve the claim. 14. VENUE. TAMU-CC acknowledges and agrees that because this Agreement has been executed, and will be administered in Nueces County, Texas, the Agreement is to be performed in Nueces County. TAMU-CC acknowledges and agrees that any permissible cause of action involving this Agreement will arise solely in Nueces County. If a legal action related to this claim is permissible and there are two (2) or more counties of'proper venue under the rules of mandatory, general, or permissive venue, and one of the counties is Nueces County, TAMU-CC agrees to venue in Nueces County. This provision does not waive the City's sovereign immunity. 15. MISCELLANEOUS. This Agreement constitutes the entire agreement between the parties relative to the subject matter, and may only be modified or amended by a written agreement signed by both parties. It shall be construed in accordance with the laws of the State of'Texas. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representative. TEXAS A & M UNIVERSITY -- CORPUS CHRISTI By: Terry Tturn Executive Vice President for Finance & Administration Date: // I,i 11 'xt) i CITY OF CORPUS CHRISTI ATTEST By: By:_ Rebecca Huerta Margie, C. Rose City Secretary City Manager APPROVED AS TO FORM: This day of_, 2018 By. Assistant City Attorney For City Attorney Page 5 of 6 Exhibit A: Proposed Budget STORM WATER SURVEY 2018 TAMU-CC Personnel ®r, Daniel Jorgensen Salary $3,060 Fringe $765 Student Research Assistant Wage $1,800 Fringe $42 Total TAMU-CC Personnel Is $5,667 Other Costs Wets advertisement tees $1,300 Office supplies $75 Total other costs $1,375 Total Direct Costs $7,042 Indirect Costs 20%of Direct Costs $1,408 Total $8,450 Page 6 of 6 SC 00 � 0 E AGENDA MEMORANDUM NCORPORP1E Future Item for the City Council Meeting of February 20, 2018 1852 Action Item for the City Council Meeting of February 27, 2018 DATE: February 12, 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 Naval Air Station Corpus Christi (NASCC) Fence Replacement Project Military Revolving Fund CAPTION: Motion authorizing a construction contract with Clearfield Construction, LLC of San Antonio, Texas in the amount of$298,007.40 for the Naval Air Station Corpus Christi (NASCC) Fence Replacement project for Base Bid and Additive Alternate No. 1 (Military Revolving Fund) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for the Naval Air Station Corpus Christi (NASCC) Fence Replacement project. This project was developed under the Texas Military Value Revolving Loan Fund that provides financial assistance to defense communities in Texas to enhance value of area military bases in support of the military mission. BACKGROUND AND FINDINGS: The NASCC Fence Replacement Project is one of five area projects that were identified to use proceeds from the Texas Military Value Revolving Loan Fund. This project improves force protection and sustainability of Naval Air Station Corpus Christi (NASCC) and adjoining properties. This project was developed in partnership with NASCC. This project is being funded under the Texas Military Value Revolving Loan Fund. This fund was established by the 78th Legislature to help communities support military installations. Following the 2005 round of Base Realignment and Closure (BRAC), the City of Corpus Christi (City) received a $10,507,390 loan from the Texas Military Value Revolving Load Fund through the Texas Military Preparedness Commission (TMPC) for construction of two projects to support the military: (1) The expansion and reconstruction of Port Avenue from 1-37 to US 181, and (2) The realignment of Flour Bluff Drive and extension of Waldron Field runway. The Port Avenue project was successfully completed and came in well under budget, but the Flour Bluff/Waldron Field project was never started due to neighborhood opposition to the project. As a result, approximately $4.8 M remained unspent in the fund. In late 2014, the City met with the TMPC about repurposing these remaining funds for additional military value projects. On February 24, 2015, the City Council approved an agenda item providing for issuance of$5,090,000 in new Texas Tax Notes to replace remaining funds which were used to call for redemption of the original bond issuance. During meetings between TMPC and the City, a list of projects to support Military needs was developed. These projects include: 1. Sam Rankin Road Improvement 2. Land Acquisitions of Clear Zones, Accident Prevention Zones and Encroachments 3. NASCC South Gate Truck Lane 4. NASCC Fence Line Replacement (THIS ITEM) 5. CCIA Taxiway Expansion & Safety Enhancements The table below provides the funding status of the 5 local projects approved for the Texas Military Value Revolving Loan Fund: Military Value Revolving Probable Cost City Share POCCA STATUS Loan Funds Project List ($) ($) Share ($) NASCC Fence $500,000 $500,000 Improvements THIS ITEM S. Gate NASCC Truck $1,500,000 $1,500,000 Construction 90% Insp. Staging Area Complete US Coast Guard Construction 90% - Taxiway Kilo Extension $356,353 $356,353 Combined with CCIA/FAA Taxiway project Land Acquisition $900,000 $900,000 Ongoing Sam Rankin Road $1,726,124 $1,318,030 $408,094 Improvements Complete TOTAL COST: $4,982,478 $4,574,384 $408,094 Project Scope: The NASCC Fence improvement project provides for replacement of approximately 7,000 linear feet of 7' high chain link perimeter security fence with 3-strand barbed-wire, replacement of three (3) dual swing gates, and repair of south gate from NAS Drive. Scope also includes grading and compaction to address erosion and slope protection along fence line. The construction contractor must receive all security passes and access directly with NASCC Security. NASCC Public Works will provide Supervision, Inspection and Overhead (SIOH) required for the construction phase with coordination with City Engineering Services. The SIOH services are standard with all projects on US Navy Installations. These services and cost were considered in project development and budget. The project was bid with a Base Bid plus two (2) Additive Alternatives. The Additive Alternatives provide two alternative strategies to maximize main gate repairs with a box framed cantilevered sliding gate system. The following is summary of the Base Bid and Additive Alternatives: • Base Bid— Removal and replacement of 7,000 LF chain link fence, replacement of 3 (three) swing gates and grading/compaction for slope and erosion control. • Additive Alternate No. 1 —Repair of existing aluminum box-framed cantilevered sliding gate system for proper south operation to include construction of concrete slab for installation of new monorail track wheel carriage with two new pairs of lateral post support systems with associated braces, rollers, wheels, and power-operated gate opener. • Additive Alternate No. 2 — Allows contractor recommendations for repairing existing aluminum box-framed cantilevered sliding gate system for proper operation. The contractor is required to provide schematic design and bid price for review and approval from NASCC and City. On January 10, 2018, the City received proposals from six (6) bidders and bids are as follows: Contractor Base Bid Additive Additive Base Bid Plus Alternate 1 Alternate 2 Add Alt 1 Clearfield Construction LLC. San Antonio, Texas $258,230.40 $39,777.00 No Bid $298,007.40 Four Seasons Development Co. Houston, Texas $278,700.00 $62,020.00 No Bid $340,720.00 Mako Contracting -Corpus Christi, Texas $282,631.00 No Bid $160,522.00 N/A AR Energy Sinton, Texas $289,420.00 No Bid No Bid N/A AAA Time Saver Services San Antonio, Texas $338,617.00 $67,000.00 $38,052.00 $405,617.00 Abba Construction, LLC. Laredo, Texas $397,953.00 $182,250.00 $177,500.00 $580,203.00 Engineer's Opinion of Probable Construction Cost $315,834 $40,581 N/A $356,415.00 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: LNV is the design engineer selected through RFQ 2014-08. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Project to Date Fiscal Year Budget and Current Year Future Years TOTALS 2017-2018 Expenditures Budget $500,000.00 $500,000.00 Encumbered / Expended Amount This item 298,007.40 298,007.40 Future Anticipated Expenditures This 135,672.00 135,672.00 Project BALANCE $66,320.60 $66,320.60 Fund(s): Military Revolving Fund Comments: N/A RECOMMENDATION: City staff and LNV, Inc. recommend a construction contract be awarded to Clearfield Construction, LLC of San Antonio, Texas in the amount of $298,007.40 for the Naval Air Station Corpus Christi (NASCC) Fence Replacement project for base bid and additive alternate 1. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Letter of Recommendation Naval Air Station Corpus Christi Fence Replacement PROJECT BUDGET ESTIMATE PROJECT FUNDS AVAILABLE: Military Revolving Fund 500,000 TOTAL FUNDS AVAILABLE........................................................................ 500,000 FUNDS REQUIRED: Construction Fees....................................................................................... 327,808 Construction (Clearfield Construction, LLC.) THIS ITEM................ 298,007 Contingency (10%)................................................................... 29,801 Construction Inspection and Testing Fees........................................................ 47,875 Construction Inspection TBD...................................................... 15,000 Construction Phase - Materials Testing Services ............................ 10,000 Supervision Inspections and Overhead (NASCC)........................... 22,875 DesignFees:............................................................................................. 31,996 Engineer (LNV, Inc.)................................................................... 31,996 Reimbursements 26,000 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget)... 10,000 Engineering Services (Project Mgt)............................................. 15,000 Misc. (Printing, Advertising, etc.)................................................ 1,000 TOTAL..................................................................................................... 433,679 ESTIMATED PROJECT BUDGET BALANCE.................................................. 66,321 1'WLL,LJ UMI 1�1 N OR SCALE: N.T.S. CORPUS CHRISTI SHIP CHAN � I Qom � LEOPARD 0 a Z CORPUS CHRISTI BAY @q ZO �pk/,y 286 GP 358 Q MOR 9l Op z F PROJECT LOCATION 32 MC. RO�F p<<iiygR l G�o�� s p i o pc�ti A. yp T A&M Q <<y UN SITY O� Q 358 Z COR CHRISTI Z C DD �SgRgTOcq��m Qr� �RO�F CABANISS Gj Z OSO BAY RPUS CHRISTI FIELD <v Q AL AIR STATION Q� O Q� FLOUR FF �o 358 286 p`rp ��O L Q z J� 0, e- � YOR�O kN LAGUNA LOCATION MAP n IIAnor NOT TO SCALE Project Number: E17008 NASCC Fence Replacement CITY COUNCIL EXHIBIT Project CITY OF CORPUS CHRISTI,TEXAS J DEPARTMENT OF ENGINEERING SERVICES Corpus Chr'sti Engineering Naval Air Station Corpus Christi Fence Replacement Council Presentation February 20, 2018 r �9))) Project Location Corpus CNr'stl Engineering s� N 3 SCALE'.N.T.S. a NASCC FENCE yy° REPLACEMENT PROJECT ° CORPUS CHRISTI M° DD _ e 'UcA s � OSO BAY rv°v`nW.,iF`T�''�ir,+ 4 FLOUR L 7lWo 356 0 0� v� _.... � u LAGUNA MADRE Project Vicinity ?\ Corpus erw » @m©mm > y N \. \ � Project Scope °U i Engineering This project includes: • Fence and gate posts in concrete footings. • 7' tall chain-link fence with three (3) strands of barbed wire extension • Minor storm water improvements • Tie-into existing storm drain • Minor erosion / sediment mitigation • Fill in washout / rip-rap d Project Schedule °U� Corpus Chr'sti Engineering i N D J F M A M J Bid/Award Projected Schedule reflects City Council award in February 2018 with anticipated completion in June 2018. January 16, 2018 Jeffery Edmonds, Director of Engineering City of Corpus Christi Engineering Services Department Corpus Christi, TX 78401 RE: Project No. E17008 ENGINEERING Selection of a General Contractor for NASCC Fence Replacement SERVICES Mr. Edmonds: PO Box 9277 Corpus Christi Engineering Services received six(6)proposals from bidders Wednesday, 10 Jan.2018. Texas 78469-9277 Phone 361-826-3500 Staff subsequently reviewed for accuracy and compliance with the bid documents. The Fax 361-880-3501 apparent low bidder is CLEARFIELD Construction, LLC. of San Antonio, TX. www.cctexas.com CLEARFIELD Construction, LLC. submitted all required documents and 120101Leopard St. Traffic2Engineering acknowledged all requests as set forth in the bid documents prepared by LNV, Inc. L Corpus Christi Based on review of all documents and submitted references, CLEARFIELD Texas 78401 Construction, LLC. has the qualifications, relevant experience, and capabilities to Phone 361-826-3547 perform the work. Fax 361-826-3545 Traffic Signals Therefore, city staff recommends the construction contract award to CLEARFIELD 2525 Hygeia St. CONSTRUCTION, LLC of San Antonio, TX, in the total amount of$298,007.40 for Corpus Christi the NASCC — Fence Replacement, Project No. E17008, Base Bid plus Additive Texas 78415 Alternative No. 1. By obligation of their bid, they have also agreed to substantial Phone 361-826-1610 Fax 361-826-4274 completion of the project within 98 days of receipt of the notice to proceed to complete the project. Construction Inspection 4917 Holly Rd.,Bldg.5 Should you have any questions or require any additional information,please feel free Corpus Christi to contact me. Texas 78411 Phone 361-826-3555 Fax 361-826-3520 Respectfully, Jerry Shoemaker,P.E., Senior Program Manager Engineering Services Department SC o� � AGENDA MEMORANDUM Future Item for the City Council Meeting of February 20, 2018 NORPgRPEAction Item for the Cit Council Meeting of February 27, 2018 1852 Y 9 Y DATE: February 14, 2018 TO: Margie C. Rose, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Texas Defense Economic Adjustment Assistance Grant Program in an amount of$6.016M CAPTION: Ordinance authorizing acceptance of two grant agreements totaling $6,016,014 from the Office of the Texas Governor to construct a new water pipeline to Naval Air Station Corpus Christi and construct perimeter fencing and access control gates at the Corpus Christi Army Depot, appropriating into the Water Grants Fund and the Community Development Grant Fund and providing $270,001 as in-kind local match. PURPOSE: To receive the Defense Economic Adjustment Assistance Grant (DEAAG) program funds, the State of Texas requires award recipients to sign Grant Agreements identifying the responsibilities of the recipient and the State. No appropriation of local funds is needed because the match is in-kind services provided by City staff. Reimbursement grant funds will be deposited into Fund 1052 Water Grant Fund (for NASCC) and Fund 1072-Community Development Grant Fund (for CCAD). BACKGROUND AND FINDINGS: On December 13, 2017, the City of Corpus Christi was awarded two grants from the State of Texas totaling more than $6,000,0000 for a new water supply line for Naval Air Station Corpus Christi (NASCC) and perimeter fencing and access control gates for Army helicopter repair facilities at the Corpus Christi Army Depot (CCAD). The Texas Military Preparedness Commission (TMPC) selected the City's applications from 13 submitted for the Defense Economic Adjustment Assistance Grant (DEAAG) program. Applicants requested more than $42 million worth of projects for the $20 million in funding appropriated by the 85th Texas Legislature. The City's project for NASCC called for construction and connection of a new water pipeline on the north perimeter of Naval Air Station Corpus Christi to strategically ensure resilient and redundant supply of water to the base's 41 tenant commands and the 506 facilities that are Page 1 of 3 critical to the base's mission. According to the City's NASCC DEAAG application, the City's Utilities Department will invest just under $1.05 million of Capital Improvement Program Bond Funds to extend a water line along Ocean Drive from Ennis Joslin to Navy property. DEAAG funds ($2,734,700) will be used to extend the water line on Navy property to the water plant on the base. The City's in-kind contribution to the DEAAG-funded water line project totals $136,735 for construction inspection and contract administration and financial management of the grants which will be funded by the Capital Improvement Bond funds. The City's project for CCAD promotes the best in national security as the Army helicopter sustainment facilities undergo a physical security update. Perimeter fencing and access control gates will enhance the safety and well-being of all personnel, mission-critical aircraft, components and property. CCAD will also contribute more than $1.0 million in Army Working Capital Funds to repair and replace fencing, gates, doors and security cameras damaged by Hurricane Harvey. The DEAAG-funded project ($3,281,314.00) will be used to construct perimeter fencing and access control gates around Army helicopter repair facilities to enhance security of mission-critical aircraft and components for CCAD. The City's in-kind contribution to the DEAAG-funded security fencing project is $133,266 for construction inspection, contract administration and financial management of the grant. The tentative schedule for the both projects is for construction to begin in Summer 2018 and complete the project before the end of the State's 2018 fiscal year (August 31, 2019), as required by the DEAAG program. First, however, the Navy has to agree to accept the gift of these projects by the City. Mayor Joe McComb sent a letter to NASCC Commanding Officer Captain Phil Brock on January 17, 2018, initiating the gifting process. ALTERNATIVES: If Council does not approve the grant agreements, the projects will be canceled and the TMPC will allocate $6.016M in grant funds to other defense communities. OTHER CONSIDERATIONS: none CONFORMITY TO CITY POLICY: Conforms to City policy. Whatever that means EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Budget, City Manager, Engineering, Finance, Legal, Utilities Page 2 of 3 FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital © Not applicable (in-kind) Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): N/A Comments: None RECOMMENDATION: Staff recommends approval of the grant agreements. LIST OF SUPPORTING DOCUMENTS: 1. Ordinance 2. Presentation of Project Area Map 3. Award Letter for NASCC project 4. NASCC contract 5. Award Letter for CCAD project 6. CCAD contract 7. Exhibits NASCC 8. Exhibits CCAD 9. Mayor's Gift Letter Page 3 of 3 Ordinance authorizing acceptance of two grant agreements totaling $6,016,014 from the Office of the Texas Governor to construct a new water pipeline to Naval Air Station Corpus Christi and construct perimeter fencing and access control gates at the Corpus Christi Army Depot, appropriating into the Water Grants Fund and the Community Development Grant Funds and providing $270,001 as in-kind local match. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1: The City Manager or designee is authorized to execute all documents necessary to accept and appropriate two grants totaling $6,016,014 from the State of Texas Office of the Governor from the Defense Economic Adjustment Assistance Grant (DEAAG) Program in Fund 1052-Water Grant Fund (for NASCC) and Fund 1072- Community Development Grant Fund (for CCAD). Section 2: A copy of the executed grants shall be filed in the office of the City Secretary. 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 Page 1 of 2 Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel PASSED AND APPROVED this day of 2018. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 2 E Off' W N �OI'ER��4 GOVERNOR GREG ABBOTT TEXAS MILITARY PREPAREDNESS COMMISSION December 15, 2017 Margie Rose P.O. Box 9277 Corpus Christi,TX 78469 Dear Mrs. Rose: The Texas Military Preparedness Commission(TMPC)is pleased to announce that the City of Corpus Christi has been awarded a Defense Economic Adjustment Assistance Grant (DEAAG) of $2,734,700.00 to repair water infrastructure at Naval Air Station Corpus Christi. Governor Abbott and the State of Texas place a high value on the military installations in Texas and the defense communities that support these bases. This is one of two projects for the City of Corpus Christi during this funding round and both were well received. We look forward to watching this project develop and continue to support Naval Air Station Corpus Christi as an instrumental part of the military community in Texas. Please reply to this award letter with a letter accepting or denying the grant award. If accepting,the TMPC staff will begin working with the point of contact designee and/or grant administrator in the application so we may begin processing the grant award. Best Regards, B. Keith Graf Executive Director Texas Military Preparedness Commission POST OFFICE Box 12428 AUSTIN,TEXAS 78711512463-2000(VOICE)DIAL 7-1-1 FOR RELAY SERVICES AGREEMENT FOR THE DEFENSE ECONOMIC ADJUSTMENT ASSISTANCE GRANT BETWEEN THE OFFICE OF THE GOVERNOR, TEXAS MILITARY PREPAREDNESS COMMISSION AND CITY OF CORPUS CHRISTI TMPC 1801-01-05 STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT is between the Office of the Governor, Texas Military Preparedness Commission, P.O. Box 12428, Austin, Texas 78711 ("OOG" or "Grantor"), and City of Corpus Christi ("Grantee"). OOG and Grantee are referred to collectively as the "parties." The parties hereto have severally and collectively agreed and by the execution of this Agreement are bound to the mutual obligations and to the performance and accomplishment of the tasks described herein. SECTION 1. PURPOSE. This Grant is awarded pursuant to Texas Government Code, Chapter 436, which authorizes OOG to administer the Defense Economic Adjustment Assistance Grant ("DEAAG") program. The DEAAG program provides state funds to defense communities that have been or may be affected by a base realignment and closure action for the purposes of purchasing property, sharing the costs of infrastructure or redevelopment projects, and the purchase or lease of equipment, including equipment for the training of defense workers. SECTION 2. TERM OF AGREEMENT. This Agreement will commence March 20,2018 and will terminate on August 31,2019,or upon the completion of the Grant Project as described herein, whichever occurs first, unless terminated earlier pursuant to Section 16 of this Agreement. SECTION 3. PROJECT REQUIREMENTS. Consistent with Section 436.203 of the Texas Government Code, grant proceeds may be used for the purchase of property, new construction, rehabilitation or renovation of facilities or infrastructure, or purchase of capital equipment or facilities insurance, and if applicable, to purchase or lease equipment to train certain workers. Subject to the requirements of applicable law and this Agreement, Grantee may use grant proceeds as cost reimbursement for certain actual,reasonable, and allowable costs that are directly allocable to the Project in accordance with the Grant Project, as further described in Exhibit A (Grant Budget), Exhibit B (Grant Narrative), and the Grantee's DEAAG Grant Application. SECTION 4. OOG OBLIGATIONS. A. The OOG shall reimburse the Grantee for the actual and allowable allocable costs incurred by Grantee during the term of this Agreement, subject to the requirements and limitations set forth herein. Page 1 of 27 B. OOG shall not be liable to Grantee for any costs incurred by Grantee that are not strictly in accordance with the terms of this Agreement. SECTION 5. MAXIMUM AMOUNT OF GRANT. Notwithstanding any other provision of this Agreement, the total of all grant reimbursement payments and other obligations incurred by OOG under the terms of this Agreement shall not exceed TWO MILLION, SEVEN HUNDRED THIRTY-FOUR THOUSAND, SEVEN HUNDRED AND 00/100 ($2,734,700.00) DOLLARS. The parties stipulate and agree that any act, action or representation by either parry, their agents or employees that purport to increase the liability of the OOG is voidable by the OOG, unless this Agreement is amended. SECTION 6. GENERAL REQUIREMENTS APPLICABLE TO THE GRANT. A. Grant funds may be used only for the actual, reasonable, and allowable costs incurred during the term of this Agreement and that are directly allocable to the Project. Grant funds may not be used for the payment of taxes, overtime, overhead, debt repayment, indirect expenses, or administrative expenses. B. All grant funds will be disbursed on a cost reimbursement basis only. Only costs that have been incurred and paid by the Grantee are eligible for reimbursement. Grant funds are not eligible for use to provide an advance payment to a Grantee or subgrantee. C. In no case shall the payments made to a Grantee exceed the actual, reasonable, and allowable costs that are directly allocable to the Project costs as identified in the Grant Budget, or the Maximum Amount of Grant as set forth in Section 5 of this Agreement. D. Pre-award costs incurred prior to the effective date of the Agreement may be allowable only with the written approval of the OOG and only to the extent that they would have been allowable if they had been incurred after the date of the award. E. All costs must be allowable in accordance with the purposes authorized by Texas Government Code, Chapter 436, the DEAAG Administrative Rules (Title I, Texas Administrative Code, Chapter 4, Subchapter B), this Agreement,the Grant Budget, and other applicable law. F. The grants are subject to the requirements of applicable state law, regulations, and policies, including,but not limited to, Texas Government Code Chapter 783,the administrative rules of the Texas Comptroller of Public Accounts at Title 34, Chapter 20, Subchapter I of the Texas Administrative Code, and the State Uniform Grant Management Standards (UGMS). The UGMS is available for download at: https:Hcomptroller.texas.gov/purchasing/grant-management/. The 2004 version of the UGMS is the current version as of the date of this Agreement, however the UGMS may be updated by the Comptroller of Public Accounts from time-to-time. G. Grantees agree to comply with the Uniform State Grant Assurances as set forth in Exhibit C. Page 2 of 27 SECTION 7. CONDITIONS PRECEDENT TO REIMBURSEMENT. Grant funds shall be disbursed on a cost reimbursement basis, subject to the terms of this Agreement. All of the following conditions precedent must be met to the satisfaction of OOG prior to any reimbursement payments: A. All costs incurred by Grantee for which Grantee seeks reimbursement must be for the actual, reasonable, and allowable costs that are directly allocable to the Project costs described in the Grant Budget. B. OOG must have received from Grantee a Request for Reimbursement specifying the amount of the Grant being requested, along with invoices showing all such costs. No requests for the reimbursement of expenditures incurred by the Grantee after August 31, 2019 will be considered by OOG. The total amount already disbursed plus the amount requested shall not exceed the maximum amount of the Grant set forth in Section 5 of this Agreement. C. Grantee must be in compliance with all terms of this Agreement. D. Grantee must have supplied to the OOG all reports or other items that OOG requires or has requested. SECTION 8. STRUCTURE FOR REIMBURSEMENT PAYMENTS. A. Reimbursement Request. The OOG will make a reimbursement payment to the Grantee only in response to an approved Request for Reimbursement from the Grantee for the payment of actual, reasonable, and allowable costs that are directly allocable to the Project. The Grantee's reimbursement request will be submitted to the OOG in the form and manner as approved by the OOG and will specify the detailed and total expenses for the reimbursement request. All requests for the reimbursement of allowable costs will be submitted to the OOG in accordance with the schedule as set forth in Section 8.C. All reimbursement requests and payment inquiries shall be submitted directly to: Office of the Governor Texas Military Preparedness Commission Attn: Alexandra Taylor P.O. Box 12428 Austin, Texas 78711 alexandra.taylorL gov.texas.gov B. Required Documentation. Each Request for Reimbursement presented must include: (1) identification of the specific OOG Agreement; (2)the Grantee's federal tax identification number; (3) the name and division of the OOG contact; (4) description of the services/costs/expenses and the dollar amount attributable to each; (5) the name of the entity or person providing the service and the cost(s) charged by such entity or person; and (6) an itemization of charges with sufficient detail to permit the OOG to determine if the costs are allowable. Page 3 of 27 Requests for Reimbursement must include documentation of proof of payment as evidence of actual expenditures. Acceptable proof of payment includes, but is not necessarily limited to, a receipt or other documentation of a paid invoice showing zero balance due, a monthly bank statement evidencing payment of the specific expenditure, copies of endorsed/processed checks, or a printed copy of an electronic payment confirmation evidencing payment of the specific expenditure(s)to which the reimbursement relates. Each item of expenditure shall be specifically attributed to the eligible project cost category as identified in the Grant Budget. By submission of a reimbursement request, Grantee is warranting the following: (1) all invoices have been carefully reviewed to ensure that all invoiced services or goods have been performed or delivered; (2) that the services or goods have been performed or delivered in compliance with all terms of this Agreement; (3)that the amount of each new invoice added together with all previous invoices does not exceed the Maximum Amount of Grant as stated in Section 5 of this Agreement; and (4) the charges and expenses shown on the invoice are reasonable, necessary, and that all supporting documentation is attached. C. Timing of Submission of Request for Reimbursement to the OOG; Close-Out Invoice. Grantee is responsible for submitting bills in an accurate and timely manner, and shall make every reasonable effort to submit quarterly billings to the OOG, which cover the previous quarter's expenses, so that they are received by the OOG on or before the twentieth(20th) day after the end of each quarter, or if the 20th falls on a weekend or holiday, the next business day. Quarterly reimbursement requests are due: (1)First quarter—December 20; (2) Second Quarter—March 20; (3) Third Quarter—June 20; (4) Fourth Quarter—September 20. The OOG will make all reasonable efforts to promptly process and make payments on properly completed billings. Grantee may submit a final invoice not later than the earlier of(1) forty-five (45) calendar days after termination of this Agreement; or (2) forty-five (45) calendar days after the end of each state fiscal year. D. Final Deadline for Reimbursement Requests. All requests for reimbursement must be received by the OOG no later than October 15, 2019 (i.e., forty-five (45) calendar days after termination of this Agreement). An Agreement amendment must be executed by the OOG and the Grantee in order to extend this deadline. Any extension of the deadline is within the sole discretion of the OOG and subject to the availability of appropriated funds. E. Disclosure of Reimbursement Information under the Public Information Act. All reimbursement documentation submitted to the Office of the Governor (OOG) is subject to disclosure under the Texas Public Information Act, Chapter 552 of the Texas Government Code ("the Act"), whether created or produced by the Grantee or by any third-party. If it is necessary for the Grantee to include proprietary or otherwise confidential information in the documents submitted, that particular information should be clearly identified as such. Merely making a blanket claim that the all documents are protected from disclosure because they may contain some proprietary or confidential information is not acceptable, and will not render the whole of the information confidential. Any information, which is not clearly identified as proprietary or confidential is subject to release in accordance with the Act. Page 4 of 27 F. Right to Request Additional Documentation. Upon the request of the OOG, the Grantee must submit to the OOG any additional documentation or explanation the OOG may require to support or document any requested payment under the Agreement. G. Allowable Costs. The OOG shall reimburse the Grantee only for actual, reasonable, and allowable costs that are directly allocable to the Project as determined by the OOG in accordance with the Texas Government Code, Chapter 436,the DEAAG Administrative Rules (Title I, Texas Administrative Code, Chapter 4, Subchapter B), this Agreement, the Grant Budget, and in conformity with the UGMS. SECTION 9. BUDGET ADJUSTMENT. Prior written approval from the OOG is required if Grantee anticipates altering the scope of the grant, adding funds to previously un-awarded budget items or categories, changing funds in any awarded budget items or category by more than 10% of the annual budget, and/or adding new line items to any awarded budget category. SECTION 10. PURCHASE OF EQUIPMENT; MAINTENANCE AND REPAIR; TITLE UPON TERMINATION. Grantee shall not give any security interest,lien or otherwise encumber any item of equipment purchased with grant funds. Grantee shall identify all equipment purchased under this Agreement by appropriate tags or labels affixed to the equipment. Grantee shall maintain a current inventory of all equipment, which shall be available to the OOG at all times upon request, however, as between the OOG and Grantee title for equipment will remain with Grantee. Grantee will maintain, repair, and protect all equipment purchased in whole or in part with grant funds so as to ensure the full availability and usefulness of such equipment. In the event Grantee is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the equipment purchased under this Agreement, Grantee shall use the proceeds to repair or replace said equipment. Upon termination of this Agreement, title, use, and disposal of equipment shall be in conformity with the UGMS. SECTION 11. REPORTING REQUIREMENTS. A. Until Grantee has submitted a Project Completion Report to OOG, Grantee shall submit a Quarterly Project Status Report to OOG,using the form attached hereto as Exhibit D,no later than twenty (20) calendar days after the end of each calendar quarter summarizing grant expenditures and detailing the progress on grant requirements. B. After Grantee has completed the Grant Project as set forth in this Agreement, but in no case more than one hundred twenty (120) calendar days after termination of this Agreement, Grantee shall submit to OOG a Project Completion Report, using the form attached hereto as Exhibit E, describing all activities performed under this Agreement. Grantee shall provide to OOG a Certification of Delivery, certifying that Grantee has received delivery of all equipment purchased pursuant to this Agreement. C. No later than sixty (60) calendar days after the date on which Grantee submits its Project Completion Report to OOG, Grantee shall provide to OOG a DEAAG Project Impact Report, using the form attached hereto as Exhibit F. A DEAAG Project Impact Report must contain information concerning jobs generated and retained, and individuals trained as a result of the Project. For purposes of this Agreement, job creation, retention, and training rates may be Page 5 of 27 evidenced by satisfactory documentation, such as copies of payroll documents, human resource documents, or training enrollment records. D. Grantee shall provide to OOG additional information regarding the status of the Project at any time upon request from OOG. E. Grantee shall cooperate with OOG and provide all requested assistance to OOG in connection with the preparation of any reports required from time to time to be made by OOG to the Texas Legislature or any relevant governmental entity regarding Grantee, the Grant, the Project, or the Grant Application. F. All reports provided to OOG must be signed by the duly authorized representative of Grantee. G. Failure to Provide Required Reports and Other Documentation. If after a written request by the OOG, Grantee fails to provide required reports,information, documentation or other information as required by this Agreement,then the OOG may require corrective action or consider this act a possible default under this Agreement. SECTION 12. CORRECTIVE ACTION. A. Failure to Progress with Grant Project. If after written notice by the OOG to the Grantee, Grantee fails to make progress on the grant project,then the OOG may consider this act a possible default under this Agreement. B. Notice of Possible Default. The parties agree to make a good faith effort to identify, communicate and resolve problems found by either the OOG or Grantee. The OOG, in its sole discretion, will determine whether Grantee has acted or failed to act in such a manner that gives rise to an act of possible default under this Agreement. The OOG shall give written notice to Grantee setting out the circumstances that support the OOG's determination of possible default. C. Opportunity to Cure. The OOG will give the Grantee at least thirty (30) calendar days to cure the possible default and to provide the OOG sufficient information that supports a finding of cure by the OOG. D. Cure. If the OOG is satisfied that the Grantee has cured the possible default event, the OOG shall give written notice to the Grantee. The OOG will be guided by good faith and reasonableness in determining, in the sole discretion of the OOG, whether the Grantee has cured the possible default. E. Default. If the OOG is not satisfied that the Grantee has cured the possible default, the Grantee shall be in default hereunder, and the OOG shall give written notice to the Grantee declaring such default. Any default may result in termination of this Agreement in accordance with Section 16. F. Corrective Action Plans. If the OOG finds deficiencies in Grantee's performance under this Agreement,the OOG, at its sole discretion, may impose one or more of the following remedies as Page 6 of 27 part of a corrective action plan: increase monitoring visits;require that additional or more detailed financial and/or programmatic reports be submitted; require prior approval for expenditures; require additional technical or management assistance and/or make modifications in business practices;reduce the grant award amount; and/or terminate this Agreement. The foregoing are not exclusive remedies, and the OOG may impose other requirements that the OOG determines will be in the best interest of the State. G. Financial Hold. Failure to comply with submission deadlines for required reports, invoices, or other requested information may result in the OOG, at its sole discretion, placing Grantee on immediate financial hold without further notice to Grantee and without first requiring a corrective action plan. No reimbursements will be processed until the requested information is submitted. If Grantee is placed on financial hold, the OOG, at its sole discretion, may deny reimbursement requests associated with expenses incurred during the time Grantee was placed on financial hold. H. Sanctions. In addition to financial hold,the OOG, at its sole discretion, may impose other sanctions without first requiring a corrective action plan. The OOG, at its sole discretion, may impose sanctions, including, but not limited to, withholding or suspending funding, requiring return or offset of previous reimbursements, requiring repayment, disallowing claims for reimbursement, reducing funding, terminating this Agreement and/or any other appropriate sanction. L No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or sanctions, Grantee remains responsible for complying with the Agreement terms and conditions. Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of prior failure to comply with this Agreement. SECTION 13. NOTICES. Any notice required or permitted to be given under this Agreement by the either parry shall be in writing and shall be deemed to have been given immediately if delivered by e-mail, or in person as set forth in this section. Any notice required or permitted to be given under this Agreement may be given by regular first class mail and/or email and shall be deemed to have been given on the date of attempted or actual delivery to the recipient if addressed to the receiving party at the address specified in this section: Office of the Governor City of Corpus Christi City of Corpus Christi Texas Military Preparedness Margie Rose Judy Sandroussi Commission Attn: Alexandra Taylor City Manager Controller P.O. Box 12428 P.O. Box 9277 P.O. Box 9277 Austin, TX 78711 Corpus Christi,TX 78469 Corpus Christi,TX 78469 alexandra.taylor@gov.texas.gov margier@cctexas.com JudyS@cctexas.com SECTION 14. GRANTEE CERTIFICATIONS. By executing this Agreement,Grantee hereby makes the following certifications and warranties: A. Delinquent Child Support Obligations. Under Texas Family Code, Section 231.006(d), regarding child support, Grantee certifies that the individual or business entity named in this Page 7 of 27 Agreement is not ineligible to receive the specified payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. B. Prohibited Bids and Agreements. Under Section 2155.004 of the Texas Government Code (relating to prohibited bids and agreements),Grantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified agreement and acknowledges that this Agreement may be terminated and payment withheld if this certification is inaccurate. C. Gift to Public Servant. Grantee warrants that it has not given, nor does it intend to give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount,trip, favor, or service to a public servant in connection with the award of this Agreement. D. Former Executive Head and Employees of the Agency. Grantee certifies that this Agreement is compliant, and will remain in compliance during the Agreement term, with the following Sections of the Texas Government Code: Section 669.003 (Contracting with Executive Head of State Agency); Section 572.069 (Prohibiting employment of state officers and employees who participated in the procurement of services); and Section 2252.901 (Contracts with Former or Retired Agency Employees). E. Conflicts of Interest. Grantee certifies that neither it nor the personnel or entities employed in rendering services under this Agreement have, nor shall they knowingly acquire, any interest that would be adverse to or conflict in any manner with the performance of Grantee's obligations under this Agreement. Grantee has a continual and ongoing obligation to immediately notify the OOG in writing, upon discovery of any actual or potential conflict. F. Corporate Franchise Tax. Grantee certifies that, if applicable, its Texas franchise tax payments are current, or that it is exempt from, or not subject to, such tax. G. No Claims. Grantee certifies that Grantee does not have any potential or existing claims against or unresolved audit exceptions with the State of Texas or any agency of the State of Texas. H. Debt to State. Grantee acknowledges and agrees that,to the extent Grantee owes any debt or delinquent taxes to the State of Texas, any payments Grantee is owed under this Agreement may be applied by the Comptroller of Public Accounts toward any debt or delinquent taxes Grantee owes the State of Texas until the debt or delinquent taxes are paid in full. L Suspension/Debarment. Grantee certifies that Grantee and Grantee's principals are, to the best of its knowledge and belief, not on the specially-designated nationals list or debarred, suspended, declared ineligible, or voluntarily excluded from participation in this solicitation or any resulting contract. Grantee certifies that it will not knowingly enter into any subcontract with an entity who is, or whose principals are, on the specially designated nationals list or debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. Grantee will ensure that this section regarding debarment, suspension, ineligibility, and voluntary exclusion, and the specially-designated nationals list without modification in any subcontracts or solicitations for subcontracts. Page 8 of 27 J. Deceptive Trade Practices/Unfair Business Practices. Grantee represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business practice in any administrative hearing or court suit and that the Respondent has not been found to be liable for such practices in such proceedings. Grantee certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit, and that such officers have not been found to be liable for such practices in such proceedings. K. False Statements. By signature to this Agreement, Grantee makes all the representations, warranties,guarantees,certifications and affirmations included in this Agreement. If Grantee signs this Agreement with a false statement or it is subsequently determined that Grantee has violated any of the representations, warranties, guarantees, certifications or affirmations included in this Agreement, Grantee shall be in default under this Agreement and the OOG may terminate or void this Agreement for cause and pursue other remedies available to the OOG under this Agreement and applicable law. L. Felony Criminal Convictions. Grantee represents and warrants that Grantee and its employees who will perform services under this Agreement have not been convicted of a felony criminal offense, or that, if such a conviction has occurred, Grantee has fully advised the OOG as to the facts and circumstances surrounding the conviction. M. Immigration. The Grantee shall comply with the requirements of the Immigration Reform and Control Acts of 1986 and 1990 ("IRCA")regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services in the United States of America under this Grant Agreement, if any,and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA")enacted on September 30, 1996. N. U.S. Department of Homeland Security's E-Verify System. Grantee certifies and ensures that it utilizes and will continue to utilize, for the term of this Grant Agreement, the U.S. Department of Homeland Security's E-Verify system as required by Chapter 673 of the Texas Government Code, and to determine the eligibility of: a. All persons employed to perform duties within Texas, during the term of the Grant; and b. All persons employed or assigned by Grantee to perform work pursuant to the Grant Agreement,within the United States of America; and c. If this certification is falsely made, the Agreement may be terminated. O. Certification Concerning Hurricane Relief. The OOG is prohibited from awarding an Agreement to any person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with an Agreement involving relief for any disaster as defined by Section 418.004 Texas Government Code occurring after September 24, 2005. Under Section 2155.006, Texas Government Code, Grantee certifies that it is not ineligible to receive the Agreement and acknowledges that the Agreement may be terminated and payment withheld if this certification inaccurate. Page 9 of 27 P. Technology Access Clause. If applicable, Grantee will comply with the State of Texas Accessibility requirements for Electronic and Information Resources specified in 1 TAC Chapter 213 when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation. Likewise,if applicable, Grantee shall provide the Department of Information Resources with the URL to its Voluntary Product Accessibility Template (VPAT) for reviewing compliance with the State of Texas Accessibility requirements (based on the federal standards established under Section 508 of the Rehabilitation Act),or indicate that the product/service accessibility information is available from the General Services Administration "Buy Accessible Wizard" (http://www.buyaccessible.gov). A company not listed with the "Buy Accessible Wizard" or supplying a URL to their VPAT must provide DIR with a report that addresses the same accessibility criteria in substantively the same format. Additional information regarding the "Buy Accessible Wizard" or obtaining a copy of the VPAT is located at hl!p://www.section50LggvL/. Q. Buy Texas. With respect to all services, if any, purchased pursuant to this Agreement, Grantee represents and warrants that it will buy Texas products and materials for use in providing the services authorized herein when such products and materials are available at a comparable price and within a comparable period of time when compared to non-Texas products and materials. R. Liability for Taxes. Grantee represents and warrants that it shall pay all taxes or similar amounts resulting from this Agreement, including, but not limited to, any federal, State, or local income, sales or excise taxes of Grantee or its employees. The OOG shall not be liable for any taxes resulting from this Agreement. S. Israel. Grantee verifies that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this agreement. SECTION 15. GENERAL TERMS AND CONDITIONS. A. Independent Contractor Grantee or Grantee's employees, representatives, agents and any subcontractors shall serve as an independent contractor in performing the services under this Agreement shall not be employees of the OOG or the State of Texas. B. Subcontracting. In the event that the Grantee should determine that it is necessary or expedient to subcontract for any of the performances herein, Grantee understands and agrees that it will be responsible to the OOG for any subcontractor's performance under this Agreement. In no event shall this section or any other provision of this Agreement be construed as relieving the Grantee of the responsibility for ensuring that performance under this Agreement, and any subcontracts thereto, is rendered in compliance with all of the terms of this Agreement. If Grantee uses a subcontractor for any or all of the work required, the following conditions will apply: (1) The Grantee, in subcontracting for any performances specified herein, expressly understands and agrees that subcontracting will be solely at Grantee's expense and the OOG shall not be liable in any manner to the Grantee's subcontractor(s); (2) Grantee will be the sole contact for the OOG; and(3)Pursuant to Chapter 2251 of the Texas Government Code, Grantee will make any payments owed to subcontractors within ten(10)calendar days of Grantee's receipt of funds from the OOG. Page 10 of 27 C. No Assignment. This Agreement is not assignable by Grantee. Notwithstanding any attempt to assign the Agreement, Grantee shall remain fully liable on this Agreement and shall not be released from performing any of the terms, covenants, and conditions herein. Grantee shall be held responsible for all funds received under this Agreement. D. Records Retention. Records shall be maintained and made available to the OOG or its authorized representatives upon request during the entire performance period of this Agreement and until three (3) years from date of final payment by the OOG for the services provided under this Agreement. In addition, those records relating to any dispute, litigation, or the settlement of claims arising out of such performance, or costs or items to which an audit exception has been taken, shall be maintained and made available to the OOG or its designee until completion of such action and resolution of all issues which arise from it, or until the end of the aforementioned three (3) year period, whichever is later. Failure to provide reasonable access to authorized OOG representatives shall give OOG the right to terminate this Agreement pursuant to Section 16 of this Agreement, or any portion thereof, for reason of default. E. Right to Audit. Grantee will cooperate fully in any review conducted by the OOG or its authorized representatives related to services provided under this Agreement. The OOG has the authority to monitor, inspect, assess, and review the fiscal, contractual, or performance of the Grantee with respect to the Agreement, including all information related to any services provided under this Agreement or billed to the OOG. Grantee will remedy in a timely manner, any weaknesses, deficiencies, Agreement noncompliance, or audit exceptions found as a result of a review by the OOG or its authorized representatives. Such remedy can include a refund or offset of Agreement payments or any other appropriate actions deemed necessary by the OOG. Acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor's Office to audit or investigate the expenditure of funds under this Agreement or any subcontract. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Grantee and the requirement to cooperate is included in any subcontract it awards. F. Texas Public Information Act. Notwithstanding any provisions of this Grant Agreement to the contrary, Grantee acknowledges that the State of Texas, OOG, and this Grant Agreement are subject to the Texas Public Information Act, Texas Government Code Chapter 552, (the "Act"). Grantee acknowledges that the OOG will comply with the Act. Grantee acknowledges that information created or exchanged in connection with this Grant Agreement is subject to the Act, and Grantee agrees that information not otherwise excepted from disclosure under the Act, will be available in a format that is accessible by the public at no additional charge to the OOG or State of Texas. Grantee will cooperate with the OOG in the production of documents or information responsive to a request for information. Information provided by or on behalf of Grantee under, pursuant to, or in connection with this Grant Agreement that Grantee considers proprietary, financial, or trade secret information (collectively "Confidential Information") shall be designated as such when it is provided to the OOG or State of Texas or any other entity in accordance with this Grant Agreement. The OOG agrees to notify Grantee in writing within a reasonable time from receipt of a request for Page 11 of 27 information covering Grantee's Confidential Information. The OOG will make a determination whether to submit a request for a ruling under the Public Information Act to the Attorney General. Grantee agrees to maintain the confidentiality of information received from the OOG or State of Texas during the performance of this Grant Agreement to the extent allowed by the Act, including information which discloses confidential personal information particularly, but not limited to, personally identifying information, personal financial information and social security numbers. Grantee will notify the OOG within twenty-four (24) hours of receipt of any third party requests for information that was provided to the Grantee by the OOG or the State of Texas. G. Media Releases or Pronouncements. Grantee understands that the OOG does not endorse any vendor, commodity good, or service. The Grantee, its employees, representatives, subcontractors, or other agents may not issue any media release, advertisement, publication, or public pronouncement which pertains to this Agreement or the services or project to which this Agreement relates, or which mentions the OOG, without the prior written approval of the OOG. H. Indemnification. TO THE EXTENT ALLOWED BY LAW, GRANTEE WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS, THE OOG, AND ITS OFFICERS AND EMPLOYEES FROM ANY CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES AND COURT COSTS CONNECTED WITH ANY ACTS OR OMISSIONS OF GRANTEE OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER IN THE EXECUTION OR PERFORMANCE OF THIS AGREEMENT. GRANTEE WILL COORDINATE ITS DEFENSE WITH THE TEXAS ATTORNEY GENERAL AS REQUESTED BY THE OOG. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE OOG FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE OOG OR ITS EMPLOYEES. L Intellectual Property. TO THE EXTENT ALLOWED BY LAW, THE GRANTEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OOG, THE STATE OF TEXAS AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, GRANTEES, ASSIGNEES, AND/OR DESIGNEES AGAINST ANY CLAIM OF COPYRIGHT, TRADEMARK, OR PATENT INFRINGEMENT, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT ARISING IN CONNECTION WITH THE PERFORMANCES OR ACTIONS OF GRANTEE PURSUANT TO THIS AGREEMENT. THE GRANTEE SHALL BE LIABLE TO PAY ALL COSTS, DAMAGES, AND ATTORNEYS' FEES INCURRED BY THE OOG RESULTING FROM SUCH CLAIMS INCLUDING ANY CLAIM FOR THE INFRINGEMENT OF ANY UNITED STATES OR INTERNATIONALLY PROTECTED PATENTS OR COPYRIGHTS ARISING FROM THE USE BY THE GRANTEE OR THE OOG, THE STATE OF TEXAS AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, GRANTEES, ASSIGNEES, AND/OR DESIGNEES OF ANY EQUIPMENT, MATERIALS, INFORMATION, OR IDEAS EMPLOYED OR FURNISHED BY THE GRANTEE IN CONNECTION WITH THE PERFORMANCES CALLED FOR IN THIS AGREEMENT Page 12 of 27 J. Taxes/Workers' Compensation/Unemployment Insurance. GRANTEE IS FULLY RESPONSIBLE FOR ITS OWN FEDERAL, STATE, AND LOCAL TAXES. GRANTEE AGREES AND ACKNOWLEDGES THAT DURING THE EXISTENCE OF THIS AGREEMENT, GRANTEE SHALL BE ENTIRELY RESPONSIBLE FOR THE LIABILITY AND PAYMENT OF GRANTEE'S AND GRANTEE'S EMPLOYEES' TAXES OF WHATEVER KIND, ARISING OUT OF THE PERFORMANCES IN THIS AGREEMENT. GRANTEE AGREES TO COMPLY WITH ALL STATE AND FEDERAL LAWS APPLICABLE TO ANY SUCH PERSONS, INCLUDING LAWS REGARDING WAGES, TAXES, INSURANCE,AND WORKERS' COMPENSATION. THE OOG, THE BANK AND/OR THE STATE OF TEXAS SHALL NOT BE LIABLE TO THE GRANTEE, ITS EMPLOYEES, AGENTS, OR OTHERS FOR THE PAYMENT OF TAXES OR THE PROVISION OF UNEMPLOYMENT INSURANCE AND/OR WORKERS' COMPENSATION OR ANY BENEFIT AVAILABLE TO A STATE EMPLOYEE OR EMPLOYEE OF THE OOG. K. Tax Identification Information Required. As a prerequisite to the OOG's ability to process any payments to Grantee under this Agreement, Grantee shall provide the OOG with required tax and payee identification information in the form of a completed "Application for Texas Identification Number" (available on the Comptroller of Public Accounts' website at http://www.window.state.tx.us/taxinfo/taxforms/ap-152.pdf).If Grantee has previously completed the required documentation to obtain a Texas Identification Number (TIN) prior to the effective date of this Agreement,Grantee may satisfy this requirement by providing the OOG with Grantee's current TIN, name, and address to permit the OOG to verify registration in the TINS System with the Texas Comptroller of Public Accounts. L. Insurance.Unless otherwise noted in this Agreement, and to the extent that Grantee does not have or maintain insurance or does not have or maintain sufficient insurance, Grantee acknowledges and agrees that Grantee will be solely responsible for any losses or damages related to or caused by the Grantee's performing its duties and obligations under this Agreement. The OOG will have no obligation to reimburse or otherwise pay Grantee for any costs incurred related to any such losses or damages. M. Fraud,Waste and Abuse. Grantee understands that the OOG does not tolerate any type of fraud, waste, or misuse of funds received from the OOG. The OOG's policy is to promote consistent, legal, and ethical organizational behavior, by assigning responsibilities and providing guidelines to enforce controls. Any violations of law,OOG policies,or standards of ethical conduct will be investigated, and appropriate actions will be taken. In the event Grantee becomes aware of any allegation or a finding of fraud, waste, or misuse of funds received from the OOG that is made against Grantee, Grantee is required to immediately notify the OOG of said allegation or finding. Grantee is also obliged to inform the OOG of the status of any on-going investigations regarding allegations of fraud, waste, or abuse. Grantee is expected to report any possible fraudulent or dishonest acts,waste, or abuse to the OOG's Fraud Coordinator or Ethics Advisor at (512)463-1788 or in writing to: Ethics Advisor, Office of the Governor, P.O. Box 12428, Austin, Texas 78711. Page 13 of 27 N. Saturdays, Sundays, Holidays. If the last or appointed day for the taking of any action or the expiration of any right required or granted in this Agreement is a Saturday or a Sunday or a scheduled State of Texas or national holiday, then such action may be taken or such right may be exercised on the next succeeding business day that is not a Saturday, Sunday or holiday. A schedule of State of Texas holidays is located at: http://www.hr.sao.state.tx.us/compensation/holidays.html O. Applicable Law and Venue. This Agreement is made and entered into in the State of Texas. This Agreement and all disputes arising out of or relating thereto shall be governed by the laws of the State of Texas,without regard to any otherwise applicable conflict of law rules or requirements. Venue for any Grantee-initiated action, suit, or litigation arising out of or in any way relating to this Agreement shall be commenced exclusively in the Travis County District Court or the United States District Court, Western District of Texas - Austin Division. Venue for any OOG-initiated action, suit,or litigation arising out of or in any way relating to this Agreement may be commenced in a Texas state district court or a United States District Court selected by the OOG in its sole discretion. The Grantee hereby irrevocably and unconditionally consents to the exclusive jurisdiction of the courts referenced above for the purpose of prosecuting and/or defending such litigation. The Grantee hereby waives and agrees not to assert as a defense, or otherwise, in any suit, action or proceeding, any claim that the Grantee is not subject to the jurisdiction of the above-named courts; the suit, action or litigation is brought in an inconvenient forum; and/or the venue is otherwise improper. P. No Waiver of Sovereign Immunity. OOG is immune from suit and from liability. No part of this Agreement, nor the conduct or statement any person, will be construed as a waiver of the doctrines of sovereign immunity and official immunity,or of any of the privileges,rights,defenses, remedies, or immunities available to the OOG, and/or the State of Texas, and their officers, employees, or agents as provided by law. SECTION 16. TERMINATION. A. Convenience. The OOG may, at its sole discretion, terminate this Grant Agreement without recourse, liability, or penalty, against the OOG, upon thirty (30) calendar days' notice to the Grantee. B. Cause/Default. In the event that Grantee fails to provide the agreed upon services according to the provisions of this Agreement, or fails to comply with any of the terms or conditions of this Agreement,the OOG may,upon written notice of default to Grantee, immediately terminate all or any part of this Agreement. Termination is not an exclusive remedy,but will be in addition to any other rights and remedies provided in equity,by law, or under this Agreement. C. Rights upon Termination or Expiration. In the event that the Agreement is terminated for any reason, or upon its expiration, the OOG shall be obligated to pay Grantee only for actual allowable costs incurred up to the effective date of termination. Termination is not an exclusive Page 14 of 27 remedy, but will be in addition to any other rights and remedies as provided in equity, by law or under the Agreement. OOG will not be liable to Grantee or to Grantee's creditors for any costs incurred subsequent to receipt of a Notice to Terminate or any unacceptable or disallowed costs as determined by OOG. D. Notwithstanding any exercise by OOG of its right of early termination pursuant to this section, Grantee shall not be relieved of any liability to OOG for damages due to OOG by virtue of any breach of this Agreement by Grantee. OOG may withhold payments to Grantee until such time as the exact amount of damages due to OOG from Grantee is agreed upon or is otherwise determined. E. In the event Grantee fails to comply with any provision as specified in this Agreement, the Grantee may be liable for damages under this Agreement and barred from applying for or receiving additional funding under the DEAAG program until repayment is made and any other compliance or audit findings are resolved and/or any issue of non-compliance is cured to the satisfaction of OOG pursuant to this section. F. Grantee shall refund to OOG any sum of money paid to Grantee by OOG, which OOG determines is an overpayment to Grantee, or in the event OOG determines funds spent by Grantee were not an allowable cost of this Project. No refund payment(s) may be made from local, state, or federal grant funds unless statute or regulation specifically permits repayment with grant funds. Such refund shall be made by Grantee to OOG within thirty (30) calendar days after such refund is requested in writing by OOG, or within thirty (30) calendar days of a notice from OOG indicating the request is the result of a final determination that the refund is owed. SECTION 17. AVAILABILITY OF FUNDS. This Agreement is subject to the availability and receipt of funds appropriated by the Texas Legislature that the OOG has allocated to this Agreement. If funds for this Agreement become unavailable during any budget period, the OOG may terminate this Agreement, without penalty, or reduce the amount of this Agreement at the discretion of the OOG. Grantee will have no right of action against the OOG if the OOG cannot perform its obligations under this Agreement as a result of lack of legislative appropriations in amounts sufficient to fund any activities or functions contained within the scope of this Agreement. SECTION 18. MONITORING. OOG or its designee may perform periodic on-site monitoring of Grantee's compliance with the terms and conditions of this Agreement and of the adequacy and timeliness of Grantee's performance. After each monitoring visit, OOG will provide Grantee with a written report of the monitor's findings. If the monitoring report notes deficiencies in Grantee's performances under the terms of this Agreement,the monitoring report shall include requirements for the timely correction of such deficiencies by Grantee. Failure by Grantee to take action specified in the monitoring report may be cause for termination of this Agreement in accordance with Section 16 of this Agreement. SECTION 19. CONFLICT OF INTEREST A. Grantee shall ensure that no employee, officer, or agent of Grantee shall participate in the selection, award, or administration of a subcontract supported by funds provided hereunder if a Page 15 of 27 conflict of interest, real or apparent, would be involved. Such conflict of interest would arise when: (1)the employee, officer, or agent; (2) any member of his or her immediate family; (3) his or her partner; or, (4) any organization which employs, or is about to employ any of the above,has a financial or other interest in the firm or person selected to perform the subcontract. Grantee shall comply with Texas Local Government Code, Chapter 171. B. No employee, agent, consultant, officer, or elected or appointed official, of either Grantee or of a subcontractor, who exercises or has exercised any functions or responsibilities or is in a position to participate in decision-making or gain inside information in regard to the activities involved in the Project, shall be permitted to have or obtain a financial interest in or benefit from the Project or any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties. SECTION 20. LITIGATION AND CLAIMS A. Grantee shall give OOG immediate notice in writing of any action, including any proceeding before an administrative agency, filed against Grantee arising out the performance of this Agreement. Except as otherwise directed by OOG, Grantee shall immediately furnish to OOG copies of all pertinent papers received by Grantee with respect to such action or claim. Grantee shall notify OOG immediately of any legal action filed against the Grantee or any subcontractor, or of any proceeding filed under the federal bankruptcy code. Grantee shall submit a copy of such notice to OOG within thirty (30) calendar days after receipt. No funds provided under this Agreement may be used in the payment of any costs incurred as the result of any claims, judgments, fines, or settlements. B. OOG and Grantee acknowledge that they are governmental units of the State of Texas and are subject to, and shall comply with, the applicable provisions of the Texas Tort Claims Act, as set out in the Texas Civil Practice and Remedies Code, Section 101.001 et. seq. C. Grantee acknowledges that OOG, the State of Texas, and their employees shall not be held liable for any claims or causes of action whatsoever which may occur in the course of performing the services described in this Agreement, or from the award, cancellation, or withdrawal of this Grant. SECTION 21. NOTICE OF MATERIAL EVENTS. Grantee shall furnish to OOG prompt written notice upon becoming aware or having knowledge of the occurrence of any event or development that has, or would reasonably be expected to have, a material adverse effect on the completion of the Project as described under this Agreement. Under no circumstances shall notice under this section occur more than fifteen (15) calendar days following Grantee receiving knowledge of such event or development. SECTION 22. FORCE MAJEURE. Neither party shall be required to perform any obligation under this Agreement or be liable or responsible for any loss or damage resulting from its failure to perform so long as performance is delayed by force majeure or acts of God, including but not limited to strikes, lockouts or labor shortages, embargo, riot, war, revolution, terrorism,rebellion, insurrection, flood, natural disaster, or interruption of utilities from external causes. Page 16 of 27 SECTION 23. DISPUTE RESOLUTION A. Informal Meetings. The parties'representatives shall meet as needed to implement the terms of this Agreement and shall make a good faith attempt to informally resolve any disputes. B. Grantee's Continued Performance. Grantee shall not be excused from performance during any pending dispute, unless approved in writing by the OOG. SECTION 24. CHANGES AND AMENDMENTS. A. Any alterations, additions, or deletions to the terms of this Agreement shall be by a written amendment executed by both parties. B. During the term of this Agreement, OOG may issue policy directives to establish, interpret, or clarify requirements under this Agreement. Policy directives from OOG shall be binding upon Grantee. SECTION 25. SEVERABILITY. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid,illegal,or unenforceable in any respect,such invalidity, illegality,or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. SECTION 26. ENTIRE AGREEMENT. This Agreement is intended as a full and complete expression of and constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and all prior and contemporaneous understandings, agreements, promises, representations, terms and conditions, both oral and written, are superseded and replaced by this Agreement. SECTION 27. CONSTRUCTION. The language in all parts of this Agreement shall be construed, in all cases, according to its fair meaning. The parties acknowledge that each party and its counsel have reviewed this Agreement and that any rule of construction to the effect that any ambiguities are to be resolved against the drafting parry shall not be employed in the interpretation of this Agreement. Any vague, ambiguous or conflicting terms shall be interpreted and construed in such a manner as to accomplish the purpose of the Agreement. SECTION 28. HEADINGS. The headings of the sections and subsections of this Agreement are inserted for convenience only and shall not be deemed to constitute a part hereof. SECTION 29. SURVIVAL OF CERTAIN PROVISIONS. Notwithstanding any expiration, termination or cancellation of this Agreement, the rights and obligations pertaining to repayment of Grant funds and/or damages, limitation of liability, indemnification, public information, reporting requirements,retention and accessibility of records, audit rights,rights upon termination, and any other provision implying survivability shall remain in effect after this Agreement ends. Page 17 of 27 SECTION 30. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. IN TESTIMONY HEREOF, Grantee and OOG have executed this Defense Economic Adjustment Assistance Agreement in duplicate originals, effective as of the last date contained on the signature lines below. OFFICE OF THE GOVERNOR CITY OF CORPUS CHRISTI Chief of Staff or Designee Margie Rose Date Date Page 18 of 27 GRANT AGREEMENT BETWEEN THE OFFICE OF THE GOVERNOR AND CITY OF CORPUS CHRISTI TMPC 1801-01-05 EXHIBIT A $2,734,700.00 TWO MILLION, SEVEN HUNDRED THIRTY-FOUR THOUSAND, SEVEN HUNDRED AND 00/100 AMOUNT (DOLLARS). Budget. Subject to the limitations within this Agreement, the OOG will reimburse Grantee for actual and allowable allocable costs paid according to the following amounts and budget categories: Budget Category Infrastructure—Purchase of property $0 Infrastructure -Professional & Consultant Services $354,650 Infrastructure—New Construction $2,075,000 Infrastructure - Rehabilitation and Renovation $0 Infrastructure—Capital Equipment' $180,000 Infrastructure—Capital Supplies3 $0 Infrastructure—Facilities Insurance $0 Training Equipment' $0 Training Supplies3 $0 Inspection and construction oversight(partial) $125,050 Total $2,734,700 'Per UGMS, "Equipment"means an article of nonexpendable,tangible personal property having a useful life of more than one year and a per unit acquisition cost of$5,000 or more. 2 Id. Per UGMS,items of equipment with a per unit acquisition cost of less than$5,000 are considered to be supplies. Page 19 of 27 GRANT AGREEMENT BETWEEN THE OFFICE OF THE GOVERNOR AND CITY OF CORPUS CHRISTI EXHIBIT B GRANT NARRATIVE UNLESS OTHERWISE LIMITED, DEEMED INAPPROPRIATE BY SPECIAL CONDITIONS OR ALTERED BY APPROVED BUDGET ADJUSTMENTS/BUDGET MODIFICATIONS,the following narrative provided by Grantee in its DATED grant application applies to this Agreement: Naval Air Station Corpus Christi Water Infrastructure Project Construct and connect a new water pipeline on the north perimeter of the base to strategically ensure resilient and redundant supply of water to Naval Air Station Corpus Christi's 41 tenant commands and the 506 facilities that are critical to the base's mission. Were NASCC to suffer a casualty to single point of delivery 16-inch diameter line (which is significantly corroded and destined to fail),the entire operation on the base, would have to cease operations within 96 hours due to the lack of water quality. Page 20 of 27 EXHIBIT C UNIFORM STATE GRANT ASSURANCES The Grantee must assure and certify compliance with any and all applicable federal and state statutes, regulations,policies,guidelines and requirements, including, but not limited to, the Uniform Grant Management Standards(UGMS);and Title 1,Part 1, Chapter 4 of the Texas Administrative Code, that govern the application, acceptance and use of Federal and State funds for this project. In instances where multiple requirements apply to a Grantee, the more restrictive requirement applies. By accepting the grant award,the Grantee certifies and assures that it complies and will continue to comply with the following: 1. Grantee possesses legal authority to apply for the grant. A resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein,and directing and authorizing the person identified as the official representative,or their designee of the organization to act in connection with the application and to provide such additional information as may be required. State agencies are not required to adopt a resolution. 2. A grantee must comply with Texas Government Code, Chapter 573,Vernon's 1994,by ensuring that no officer, employee,or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years,or such other period stipulated by local law,prior to the election or appointment of the officer, employee,or governing body member related to such person in the prohibited degree. 3. A grantee must insure that all information collected,assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code,Chapter 552,Vernon's 1994,unless otherwise expressly prohibited by law. 4. A grantee must comply with Texas Government Code, Chapter 551,Vernon's 1994,which requires all regular, special or called meeting of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 5. A grantee must comply with Section 231.006,Texas Family Code,which prohibits payments to a person who is in arrears on child support payments. 6. No health and human services agency or public safety or law enforcement agency may contract with or issue a license,certificate or permit to the owner,operator or administrator of a facility if the license,permit or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 7. A grantee that is a law enforcement agency regulated by Texas Government Code, Chapter 415, must be in compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 415, Texas Government Code or must provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules. 8. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and local grantees shall maintain an appropriate contract administration system to insure that all terms,conditions. and specifications are met. 9. A grantee must comply with the Texas Family Code, Section 26 1.101 which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Grantees shall also ensure that all program personnel are properly trained and aware of this requirement. lo. Grantees will comply with all federal statutes relating to nondiscrimination.These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681- 1683, and 1685-1686),which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107),which prohibits discrimination on the basis of age; (e)the Drug Abuse Office and Treatment Act of 1972(P.L.92-255),as amended,relating to nondiscrimination on the basis of drug abuse; (f)the Comprehensive Page 21 of 27 Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(P.L.91-616),as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C.290 dd-3 and 290 ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended,relating to nondiscrimination in the sale,rental or financing of housing;(i)any other nondiscrimination provisions in the specific statutes) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s)which may apply to the application. 11. Grantees will comply,as applicable,with the provisions of the Davis-Bacon Act(40 U.S.C. § §276a to 276a-7), the Copeland Act(40 U.S.C. § §276c and 18 U.S.C. § § 874),and the Contract Work Hours and Safety Standards Act(40 U.S.C. § §327-333),regarding labor standards for federally assisted construction subagreements. 12. Grantees will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P. L. 91-646)which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs.These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 13. Grantees will comply with the provisions of the Hatch Political Activity Act(5 U.S.C. § 7321-29)which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 14. Grantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970,as applicable. 15. Grantees will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's(EPA)list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. (EO 11738). 16. Grantees will comply with the flood insurance purchase requirements of 102(a)of the Flood Disaster Protection Act of 1973,Public Law 93-234. Section 102 (a)requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 17. Grantees will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969(P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplain in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972(16 U.S.C. §§ 1451 et seq.); (f)conformity of federal actions to State (Clear Air)Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended(42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,as amended(P.L.93-523); and(h)protection of endangered species under the Endangered Species Act of 1973,as amended,(P.L.93-205). 18. Grantees will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 19. Grantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties),and the Archaeological and Historic Preservation Act of 1974(16 U.S.C.469a-1 et seq.). 20. Grantees will comply with the Laboratory Animal Welfare Act of 1966(P.L. 89-544,as amended,7 U.S.C.2131 et seq.)pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 21. Grantees will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. 22. Grantees must adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code,Ann., Sec. 85.001,et seq. 23. Grantees will comply with Public Law 103-277, also known as the Pro-Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. 24. Grantees will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. Page 22 of 27 25. Grantees will comply with all applicable requirements of all other federal and state laws, executive orders, regulations and policies governing this program. 26. The applicant must certify that they are not debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs. Page 23 of 27 EXHIBIT D QUARTERLY PROJECT STATUS REPORT Naval Air Station Corpus Christi Water Infrastructure Project TMPC 1801-01-05 Expenditures for Quarter Ending (DATE) Expenditures Description Percentage of Project Completed: Summary of Expenditures to Date: Quarter Ending Expenditures Brief Narrative Explaining Expenditures: Project Status: Grantee's Duly Authorized Representative: Date: Page 24 of 27 EXHIBIT E PROJECT COMPLETION REPORT Naval Air Station Corpus Christi Water Infrastructure Project TMPC 1801-01-05 Locality: Corpus Christi, TX DEAAG Grant Number: 1801-01-05 Percent Completed: The GRANTEE has successfully completed, and in a satisfactory manner, the PROJECT. The purpose of the grant was to GRANT PURPOSE. The total cost for the project is as follows: •Project Total $ •Total $ The following is a brief project scope summary: This is to certify that an inspection of 100% of the completed project described below was conducted on the day of , 20 . Contracts were entered into for PROJECT between the GRANTEE and the following subcontractors: [SUBCONTRACTORS.] This is to further certify that any and all Equipment included as part of the grant budget has been purchased with the specified grant purpose, timeline, budget, and all addenda, change orders, and supplemental agreements thereto. NAME OF GRANTEE: Signature of Grantee's Duly Authorized Representative Print Name Title Date Page 25 of 27 Exhibit F DEAAG PROJECT IMPACT REPORT Project Name: Naval Air Station Corpus Christi Water Infrastructure Project DEAAG Grant Number: 1801-01-05 Grantee Name: City of Corpus Christi Address: P.O. Box 9277, Corpus Christi, TX 78469-9277 Telephone: Fax: Contact Person: Email: Time Period Covered by Report: March 20, 2018 to August 31, 2019 Project Performance Measures: • Create,retain, or train Jobs by the completion of the project • Project Description: • Project Address: Jobs Created Active Full Time Time Period Jobs Created,Retained or Students Trained 03/20/18 to 08/31/19 Total Page 26 of 27 Breakdown of Jobs Created Job Type Jobs Created or Retained Total Jobs Created This Reporting Period to Date Direct Permanent Jobs Indirect Permanent Jobs Individuals Trained Total Businesses assisted or created this period: 0 Businesses assisted or created to date: 0 Project Financial Impact • Narrative summary of Impact: • Update on current Project Status (include curriculum updates): THE SIGNATURE BELOW CERTIFIES THAT THE INFORMATION SUBMITTED IN THIS REPORT IS TRUE AND CORRECT TO THE BEST KNOWLEDGE OF THE GRANTEE. FOR THE GRANTEE: Signature Print Name Title Date Page 27 of 27 GRANT AGREEMENT BETWEEN THE OFFICE OF THE GOVERNOR AND THE CITY OF CORPUS CHRISTI, TEXAS TMPC 1801-01-05 EXHIBIT A $2,734,700.00 TWO MILLION, SEVEN HUNDRED THIRTY-FOUR THOUSAND, SEVEN HUNDRED AND 00/100 . Budget. Subject to the limitations within this Agreement, the OOG will reimburse Grantee for actual and allowable allocable costs paid according to the following amounts and budget categories: Budget Category Infrastructure—Purchase of property $0 Infrastructure -Professional & Consultant Services $354,650 Infrastructure—New Construction $842,500 Infrastructure - Rehabilitation and Renovation $0 Infrastructure—Capital Equipment' $1,412,500 Infrastructure—Capital Supplies3 $0 Infrastructure—Facilities Insurance $0 Training Equipment' $0 Training Supplies3 $0 Total $2,734,700.00 'Per UGMS, "Equipment"means an article of nonexpendable,tangible personal property having a useful life of more than one year and a per unit acquisition cost of$5,000 or more. 2 Id. Per UGMS,items of equipment with a per unit acquisition cost of less than$5,000 are considered to be supplies. Page 1 of 9 GRANT AGREEMENT BETWEEN THE OFFICE OF THE GOVERNOR AND THE CITY OF CORPUS CHRISTI, TEXAS TMPC 1801-01-05 EXHIBIT B GRANT NARRATIVE UNLESS OTHERWISE LIMITED, DEEMED INAPPROPRIATE BY SPECIAL CONDITIONS OR ALTERED BY APPROVED BUDGET ADJUSTMENTS/BUDGET MODIFICATIONS,the following narrative provided by Grantee in its DATED grant application applies to this Agreement: Construct and connect a new water pipeline on the north perimeter of the base to strategically ensure resilient and redundant supply of water to Naval Air Station Corpus Christi's 41 tenant commands and the 506 facilities that are critical to the base's mission. Were NASCC to suffer a casualty to single point of delivery 16-inch diameter line (which is significantly corroded and destined to fail),the entire operation on the base, would have to cease operations within 96 hours due to the lack of water quality. Page 2 of 9 EXHIBIT C UNIFORM STATE GRANT ASSURANCES The Grantee must assure and certify compliance with any and all applicable federal and state statutes, regulations,policies,guidelines and requirements, including, but not limited to, the Uniform Grant Management Standards(UGMS);and Title 1,Part 1, Chapter 4 of the Texas Administrative Code, that govern the application, acceptance and use of Federal and State funds for this project. In instances where multiple requirements apply to a Grantee, the more restrictive requirement applies. By accepting the grant award,the Grantee certifies and assures that it complies and will continue to comply with the following: 1. Grantee possesses legal authority to apply for the grant. A resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein,and directing and authorizing the person identified as the official representative,or their designee of the organization to act in connection with the application and to provide such additional information as may be required. State agencies are not required to adopt a resolution. 2. A grantee must comply with Texas Government Code, Chapter 573,Vernon's 1994,by ensuring that no officer, employee,or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years,or such other period stipulated by local law,prior to the election or appointment of the officer, employee,or governing body member related to such person in the prohibited degree. 3. A grantee must insure that all information collected,assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code,Chapter 552,Vernon's 1994,unless otherwise expressly prohibited by law. 4. A grantee must comply with Texas Government Code, Chapter 551,Vernon's 1994,which requires all regular, special or called meeting of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 5. A grantee must comply with Section 231.006,Texas Family Code,which prohibits payments to a person who is in arrears on child support payments. 6. No health and human services agency or public safety or law enforcement agency may contract with or issue a license,certificate or permit to the owner,operator or administrator of a facility if the license,permit or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 7. A grantee that is a law enforcement agency regulated by Texas Government Code, Chapter 415, must be in compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 415, Texas Government Code or must provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules. 8. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and local grantees shall maintain an appropriate contract administration system to insure that all terms,conditions. and specifications are met. 9. A grantee must comply with the Texas Family Code, Section 26 1.101 which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Grantees shall also ensure that all program personnel are properly trained and aware of this requirement. lo. Grantees will comply with all federal statutes relating to nondiscrimination.These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681- 1683, and 1685-1686),which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107),which prohibits discrimination on the basis of age; (e)the Drug Abuse Office and Treatment Act of 1972(P.L.92-255),as amended,relating to nondiscrimination on the basis of drug abuse; (f)the Comprehensive Page 3 of 9 Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(P.L.91-616),as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C.290 dd-3 and 290 ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended,relating to nondiscrimination in the sale,rental or financing of housing;(i)any other nondiscrimination provisions in the specific statutes) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s)which may apply to the application. 11. Grantees will comply,as applicable,with the provisions of the Davis-Bacon Act(40 U.S.C. § §276a to 276a-7), the Copeland Act(40 U.S.C. § §276c and 18 U.S.C. § § 874),and the Contract Work Hours and Safety Standards Act(40 U.S.C. § §327-333),regarding labor standards for federally assisted construction subagreements. 12. Grantees will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P. L. 91-646)which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs.These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 13. Grantees will comply with the provisions of the Hatch Political Activity Act(5 U.S.C. § 7321-29)which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 14. Grantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970,as applicable. 15. Grantees will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's(EPA)list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. (EO 11738). 16. Grantees will comply with the flood insurance purchase requirements of 102(a)of the Flood Disaster Protection Act of 1973,Public Law 93-234. Section 102 (a)requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 17. Grantees will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969(P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplain in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972(16 U.S.C. §§ 1451 et seq.); (f)conformity of federal actions to State (Clear Air)Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended(42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,as amended(P.L.93-523); and(h)protection of endangered species under the Endangered Species Act of 1973,as amended,(P.L.93-205). 18. Grantees will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 19. Grantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties),and the Archaeological and Historic Preservation Act of 1974(16 U.S.C.469a-1 et seq.). 20. Grantees will comply with the Laboratory Animal Welfare Act of 1966(P.L. 89-544,as amended,7 U.S.C.2131 et seq.)pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 21. Grantees will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. 22. Grantees must adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code,Ann., Sec. 85.001,et seq. 23. Grantees will comply with Public Law 103-277, also known as the Pro-Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. 24. Grantees will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. Page 4 of 9 25. Grantees will comply with all applicable requirements of all other federal and state laws, executive orders, regulations and policies governing this program. 26. The applicant must certify that they are not debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs. Page 5 of 9 EXHIBIT D QUARTERLY PROJECT STATUS REPORT Naval Air Station Corpus Christi Water Infrastructure Project TMPC 1801-01-05 Expenditures for Quarter Ending (DATE) Expenditures Description Percentage of Project Completed: Summary of Expenditures to Date: Quarter Ending Expenditures Brief Narrative Explaining Expenditures: Project Status: Grantee's Duly Authorized Representative: Date: Page 6 of 9 EXHIBIT E PROJECT COMPLETION REPORT Naval Air Station Corpus Christi Water Infrastructure Project TMPC 1801-01-05 Locality: Corpus Christi, TX DEAAG Grant Number: 1801-01-05 Percent Completed: The GRANTEE has successfully completed, and in a satisfactory manner, the PROJECT. The purpose of the grant was to GRANT PURPOSE. The total cost for the project is as follows: •Project Total $ •Total $ The following is a brief project scope summary: This is to certify that an inspection of 100% of the completed project described below was conducted on the day of , 20 . Contracts were entered into for PROJECT between the GRANTEE and the following subcontractors: [SUBCONTRACTORS.] This is to further certify that any and all Equipment included as part of the grant budget has been purchased with the specified grant purpose, timeline, budget, and all addenda, change orders, and supplemental agreements thereto. NAME OF GRANTEE: City of Corpus Christi, Texas Signature of Grantee's Duly Authorized Representative Print Name Title Date Page 7 of 9 Exhibit F DEAAG PROJECT IMPACT REPORT Project Name: Naval Air Station Corpus Christi Water Infrastructure Project DEAAG Grant Number:1801-01-05 Grantee Name: City of Corpus Christi, TX Address:1201 Leopard Street, Corpus Christi, TX 78401 Telephone: Fax: Contact Person: Email: Time Period Covered by Report: to Project Performance Measures: • Create,retain, or train Jobs by the completion of the project • Project Description: • Project Address: Jobs Created: Zero (0) Active Full Time Time Period Jobs Created,Retained or Students Trained EX. 01/12—03/12 Total Page 8 of 9 Breakdown of Jobs Created Job Type Jobs Created or Retained Total Jobs Created This Reporting Period to Date Direct Permanent Jobs 0 Indirect Permanent Jobs 0 Individuals Trained 0 Total 0 Businesses assisted or created this period: 0 Businesses assisted or created to date: 0 Project Financial Impact • Narrative summary of Impact: • Update on current Project Status (include curriculum updates): THE SIGNATURE BELOW CERTIFIES THAT THE INFORMATION SUBMITTED IN THIS REPORT IS TRUE AND CORRECT TO THE BEST KNOWLEDGE OF THE GRANTEE. FOR THE GRANTEE: Signature Print Name Title Date Page 9 of 9 E 0 W H GOVERNOR GREG ABBOTT TEXAS MILITARY PREPAREDNESS COMMISSION December 15, 2017 Margie Rose P.O. Box 9277 Corpus Christi,TX 78469 Dear Mrs. Rose: The Texas Military Preparedness Commission(TMPC) is pleased to announce that the City of Corpus Christi has been awarded a Defense Economic Adjustment Assistance Grant (DEAAG) of $3,281,314.00 to repair damage and enhance the security at Corpus Christi Army Depot. Governor Abbott and the State of Texas place a high value on the military installations in Texas and the defense communities that support these bases. This is one of two projects for the City of Corpus Christi during this funding round and both were well received. We look forward to watching this project develop and continue to support Corpus Christi Army Depot as an instrumental part of the military community in Texas. Please reply to this award letter with a letter accepting or denying the grant award. If accepting, the TMPC staff will begin working with the point of contact designee and/or grant administrator in the application so we may begin processing the grant award. Best Regards, B.Keith Graf Executive Director Texas Military Preparedness Commission POST OFFICE Box 12428 AUSTIN,TEXAS 78711512463-2000(VOICE)DIAL 7-1-1 FOR RELAY SERVICES AGREEMENT FOR THE DEFENSE ECONOMIC ADJUSTMENT ASSISTANCE GRANT BETWEEN THE OFFICE OF THE GOVERNOR, TEXAS MILITARY PREPAREDNESS COMMISSION AND CITY OF CORPUS CHRISTI STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT is between the Office of the Governor, Texas Military Preparedness Commission, P.O. Box 12428, Austin, Texas 78711 ("OOG" or "Grantor"), and City of Corpus Christi ("Grantee"). OOG and Grantee are referred to collectively as the "parties." The parties hereto have severally and collectively agreed and by the execution of this Agreement are bound to the mutual obligations and to the performance and accomplishment of the tasks described herein. SECTION 1. PURPOSE. This Grant is awarded pursuant to Texas Government Code, Chapter 436, which authorizes OOG to administer the Defense Economic Adjustment Assistance Grant ("DEAAG") program. The DEAAG program provides state funds to defense communities that have been or may be affected by a base realignment and closure action for the purposes of purchasing property, sharing the costs of infrastructure or redevelopment projects, and the purchase or lease of equipment, including equipment for the training of defense workers. SECTION 2. TERM OF AGREEMENT. This Agreement will commence March 20,2018 and will terminate on August 31,2019, or upon the completion of the Grant Project as described herein, whichever occurs first, unless terminated earlier pursuant to Section 16 of this Agreement. SECTION 3. PROJECT REQUIREMENTS. Consistent with Section 436.203 of the Texas Government Code, grant proceeds may be used for the purchase of property, new construction, rehabilitation or renovation of facilities or infrastructure, or purchase of capital equipment or facilities insurance, and if applicable, to purchase or lease equipment to train certain workers. Subject to the requirements of applicable law and this Agreement, Grantee may use grant proceeds as cost reimbursement for certain actual,reasonable, and allowable costs that are directly allocable to the Project in accordance with the Grant Project, as further described in Exhibit A (Grant Budget), Exhibit B (Grant Narrative), and the Grantee's DEAAG Grant Application. SECTION 4. OOG OBLIGATIONS. A. The OOG shall reimburse the Grantee for the actual and allowable allocable costs incurred by Grantee during the term of this Agreement, subject to the requirements and limitations set forth herein. Page 1 of 27 B. OOG shall not be liable to Grantee for any costs incurred by Grantee that are not strictly in accordance with the terms of this Agreement. SECTION 5. MAXIMUM AMOUNT OF GRANT. Notwithstanding any other provision of this Agreement, the total of all grant reimbursement payments and other obligations incurred by OOG under the terms of this Agreement shall not exceed THREE MILLION,TWO HUNDRED EIGHTY-ONE THOUSAND, THREE HUNDRED FOURTEEN AND 00/100 ($3,281,314.00)DOLLARS. The parties stipulate and agree that any act, action or representation by either party, their agents or employees that purport to increase the liability of the OOG is voidable by the OOG, unless this Agreement is amended. SECTION 6. GENERAL REQUIREMENTS APPLICABLE TO THE GRANT. A. Grant funds may be used only for the actual, reasonable, and allowable costs incurred during the term of this Agreement and that are directly allocable to the Project. Grant funds may not be used for the payment of taxes, overtime, overhead, debt repayment, indirect expenses, or administrative expenses. B. All grant funds will be disbursed on a cost reimbursement basis only. Only costs that have been incurred and paid by the Grantee are eligible for reimbursement. Grant funds are not eligible for use to provide an advance payment to a Grantee or subgrantee. C. In no case shall the payments made to a Grantee exceed the actual, reasonable, and allowable costs that are directly allocable to the Project costs as identified in the Grant Budget, or the Maximum Amount of Grant as set forth in Section 5 of this Agreement. D. Pre-award costs incurred prior to the effective date of the Agreement may be allowable only with the written approval of the OOG and only to the extent that they would have been allowable if they had been incurred after the date of the award. E. All costs must be allowable in accordance with the purposes authorized by Texas Government Code, Chapter 436, the DEAAG Administrative Rules (Title I, Texas Administrative Code, Chapter 4, Subchapter B), this Agreement, the Grant Budget, and other applicable law. F. The grants are subject to the requirements of applicable state law, regulations, and policies, including, but not limited to, Texas Government Code Chapter 783,the administrative rules of the Texas Comptroller of Public Accounts at Title 34, Chapter 20, Subchapter I of the Texas Administrative Code, and the State Uniform Grant Management Standards (UGMS). The UGMS is available for download at: https:Hcomptroller.texas._ gov/purchasing/grant-mana_eg ment/. The 2004 version of the UGMS is the current version as of the date of this Agreement, however the UGMS may be updated by the Comptroller of Public Accounts from time-to-time. G. Grantees agree to comply with the Uniform State Grant Assurances as set forth in Exhibit C. SECTION 7. CONDITIONS PRECEDENT TO REIMBURSEMENT. Grant funds shall be disbursed on a cost reimbursement basis, subject to the terms of this Agreement. All of the Page 2 of 27 following conditions precedent must be met to the satisfaction of OOG prior to any reimbursement payments: A. All costs incurred by Grantee for which Grantee seeks reimbursement must be for the actual, reasonable, and allowable costs that are directly allocable to the Project costs described in the Grant Budget. B. OOG must have received from Grantee a Request for Reimbursement specifying the amount of the Grant being requested, along with invoices showing all such costs. No requests for the reimbursement of expenditures incurred by the Grantee after August 31, 2019 will be considered by OOG. The total amount already disbursed plus the amount requested shall not exceed the maximum amount of the Grant set forth in Section 5 of this Agreement. C. Grantee must be in compliance with all terms of this Agreement. D. Grantee must have supplied to the OOG all reports or other items that OOG requires or has requested. SECTION 8. STRUCTURE FOR REIMBURSEMENT PAYMENTS. A. Reimbursement Request. The OOG will make a reimbursement payment to the Grantee only in response to an approved Request for Reimbursement from the Grantee for the payment of actual, reasonable, and allowable costs that are directly allocable to the Project. The Grantee's reimbursement request will be submitted to the OOG in the form and manner as approved by the OOG and will specify the detailed and total expenses for the reimbursement request. All requests for the reimbursement of allowable costs will be submitted to the OOG in accordance with the schedule as set forth in Section 8.C. All reimbursement requests and payment inquiries shall be submitted directly to: Office of the Governor Texas Military Preparedness Commission Attn: Alexandra Taylor P.O. Box 12428 Austin, Texas 78711 alexandra.taylorLgov.texas.gov B. Required Documentation. Each Request for Reimbursement presented must include: (1) identification of the specific OOG Agreement; (2)the Grantee's federal tax identification number; (3) the name and division of the OOG contact; (4) description of the services/costs/expenses and the dollar amount attributable to each; (5) the name of the entity or person providing the service and the cost(s) charged by such entity or person; and (6) an itemization of charges with sufficient detail to permit the OOG to determine if the costs are allowable. Requests for Reimbursement must include documentation of proof of payment as evidence of actual expenditures. Acceptable proof of payment includes, but is not necessarily limited to, a Page 3 of 27 receipt or other documentation of a paid invoice, a general ledger detailing the specific revenue and expenditures, a monthly bank statement evidencing payment of the specific expenditure, a check register or transaction register, bank reconciliation detail, copies of voided checks, or a printed copy of an electronic payment confirmation evidencing payment of the specific expenditure(s)to which the reimbursement relates. Each item of expenditure shall be specifically attributed to the eligible project cost category as identified in the Grant Budget. By submission of a reimbursement request, Grantee is warranting the following: (1) all invoices have been carefully reviewed to ensure that all invoiced services or goods have been performed or delivered; (2) that the services or goods have been performed or delivered in compliance with all terms of this Agreement; (3)that the amount of each new invoice added together with all previous invoices does not exceed the Maximum Amount of Grant as stated in Section 5 of this Agreement; and (4) the charges and expenses shown on the invoice are reasonable, necessary, and that all supporting documentation is attached. C. Timing of Submission of Request for Reimbursement to the OOG; Close-Out Invoice. Grantee is responsible for submitting bills in an accurate and timely manner, and shall make every reasonable effort to submit quarterly billings to the OOG, which cover the previous quarter's expenses, so that they are received by the OOG on or before the twentieth(20th) day after the end of each quarter, or if the 20th falls on a weekend or holiday, the next business day. Quarterly reimbursement requests are due: (1)First quarter—December 20; (2) Second Quarter—March 20; (3) Third Quarter—June 20; (4) Fourth Quarter—September 20. The OOG will make all reasonable efforts to promptly process and make payments on properly completed billings. Grantee may submit a final invoice not later than the earlier of(1) forty-five (45) calendar days after termination of this Agreement; or (2) forty-five (45) calendar days after the end of each state fiscal year. D. Final Deadline for Reimbursement Requests. All requests for reimbursement must be received by the OOG no later than October 15, 2019 (i.e., forty-five (45) calendar days after termination of this Agreement). An Agreement amendment must be executed by the OOG and the Grantee in order to extend this deadline. Any extension of the deadline is within the sole discretion of the OOG and subject to the availability of appropriated funds. E. Disclosure of Reimbursement Information under the Public Information Act. All reimbursement documentation submitted to the Office of the Governor (OOG) is subject to disclosure under the Texas Public Information Act, Chapter 552 of the Texas Government Code ("the Act"), whether created or produced by the Grantee or by any third-party. If it is necessary for the Grantee to include proprietary or otherwise confidential information in the documents submitted, that particular information should be clearly identified as such. Merely making a blanket claim that the all documents are protected from disclosure because they may contain some proprietary or confidential information is not acceptable, and will not render the whole of the information confidential. Any information, which is not clearly identified as proprietary or confidential is subject to release in accordance with the Act. Page 4 of 27 F. Right to Request Additional Documentation. Upon the request of the OOG, the Grantee must submit to the OOG any additional documentation or explanation the OOG may require to support or document any requested payment under the Agreement. G. Allowable Costs. The OOG shall reimburse the Grantee only for actual, reasonable, and allowable costs that are directly allocable to the Project as determined by the OOG in accordance with the Texas Government Code, Chapter 436, the DEAAG Administrative Rules (Title I, Texas Administrative Code, Chapter 4, Subchapter B), this Agreement, the Grant Budget, and in conformity with the UGMS. SECTION 9. BUDGET ADJUSTMENT. Prior written approval from the OOG is required if Grantee anticipates altering the scope of the grant, adding funds to previously un-awarded budget items or categories, changing funds in any awarded budget items or category by more than 10% of the annual budget, and/or adding new line items to any awarded budget category. SECTION 10. PURCHASE OF EQUIPMENT; MAINTENANCE AND REPAIR; TITLE UPON TERMINATION. Grantee shall not give any security interest,lien or otherwise encumber any item of equipment purchased with grant funds. Grantee shall identify all equipment purchased under this Agreement by appropriate tags or labels affixed to the equipment. Grantee shall maintain a current inventory of all equipment, which shall be available to the OOG at all times upon request, however, as between the OOG and Grantee title for equipment will remain with Grantee. Grantee will maintain, repair, and protect all equipment purchased in whole or in part with grant funds so as to ensure the full availability and usefulness of such equipment. In the event Grantee is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the equipment purchased under this Agreement, Grantee shall use the proceeds to repair or replace said equipment. Upon termination of this Agreement, title, use, and disposal of equipment shall be in conformity with the UGMS. SECTION 11. REPORTING REQUIREMENTS. A. Until Grantee has submitted a Project Completion Report to OOG, Grantee shall submit a Quarterly Project Status Report to OOG,using the form attached hereto as Exhibit D,no later than twenty (20) calendar days after the end of each calendar quarter summarizing grant expenditures and detailing the progress on grant requirements. B. After Grantee has completed the Grant Project as set forth in this Agreement, but in no case more than one hundred twenty (120) calendar days after termination of this Agreement, Grantee shall submit to OOG a Project Completion Report, using the form attached hereto as Exhibit E, describing all activities performed under this Agreement. Grantee shall provide to OOG a Certification of Delivery, certifying that Grantee has received delivery of all equipment purchased pursuant to this Agreement. C. No later than sixty (60) calendar days after the date on which Grantee submits its Project Completion Report to OOG, Grantee shall provide to OOG a DEAAG Project Impact Report, using the form attached hereto as Exhibit F. A DEAAG Project Impact Report must contain information concerning jobs generated and retained, and individuals trained as a result of the Project. For purposes of this Agreement, job creation, retention, and training rates may be Page 5 of 27 evidenced by satisfactory documentation, such as copies of payroll documents, human resource documents, or training enrollment records. D. Grantee shall provide to OOG additional information regarding the status of the Project at any time upon request from OOG. E. Grantee shall cooperate with OOG and provide all requested assistance to OOG in connection with the preparation of any reports required from time to time to be made by OOG to the Texas Legislature or any relevant governmental entity regarding Grantee, the Grant, the Project, or the Grant Application. F. All reports provided to OOG must be signed by the duly authorized representative of Grantee. G. Failure to Provide Required Reports and Other Documentation. If after a written request by the OOG,Grantee fails to provide required reports,information, documentation or other information as required by this Agreement,then the OOG may require corrective action or consider this act a possible default under this Agreement. SECTION 12. CORRECTIVE ACTION. A. Failure to Progress with Grant Project. If after written notice by the OOG to the Grantee, Grantee fails to make progress on the grant project,then the OOG may consider this act a possible default under this Agreement. B. Notice of Possible Default. The parties agree to make a good faith effort to identify, communicate and resolve problems found by either the OOG or Grantee. The OOG, in its sole discretion, will determine whether Grantee has acted or failed to act in such a manner that gives rise to an act of possible default under this Agreement. The OOG shall give written notice to Grantee setting out the circumstances that support the OOG's determination of possible default. C. Opportunity to Cure. The OOG will give the Grantee at least thirty (30) calendar days to cure the possible default and to provide the OOG sufficient information that supports a finding of cure by the OOG. D. Cure. If the OOG is satisfied that the Grantee has cured the possible default event, the OOG shall give written notice to the Grantee. The OOG will be guided by good faith and reasonableness in determining, in the sole discretion of the OOG, whether the Grantee has cured the possible default. E. Default. If the OOG is not satisfied that the Grantee has cured the possible default, the Grantee shall be in default hereunder, and the OOG shall give written notice to the Grantee declaring such default. Any default may result in termination of this Agreement in accordance with Section 16. F. Corrective Action Plans. If the OOG finds deficiencies in Grantee's performance under this Agreement, the OOG, at its sole discretion, may impose one or more of the following remedies as Page 6 of 27 part of a corrective action plan: increase monitoring visits;require that additional or more detailed financial and/or programmatic reports be submitted; require prior approval for expenditures; require additional technical or management assistance and/or make modifications in business practices;reduce the grant award amount; and/or terminate this Agreement. The foregoing are not exclusive remedies, and the OOG may impose other requirements that the OOG determines will be in the best interest of the State. G. Financial Hold. Failure to comply with submission deadlines for required reports, invoices, or other requested information may result in the OOG, at its sole discretion, placing Grantee on immediate financial hold without further notice to Grantee and without first requiring a corrective action plan. No reimbursements will be processed until the requested information is submitted. If Grantee is placed on financial hold, the OOG, at its sole discretion, may deny reimbursement requests associated with expenses incurred during the time Grantee was placed on financial hold. H. Sanctions. In addition to financial hold,the OOG, at its sole discretion, may impose other sanctions without first requiring a corrective action plan. The OOG, at its sole discretion, may impose sanctions, including, but not limited to, withholding or suspending funding, requiring return or offset of previous reimbursements, requiring repayment, disallowing claims for reimbursement, reducing funding, terminating this Agreement and/or any other appropriate sanction. L No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or sanctions, Grantee remains responsible for complying with the Agreement terms and conditions. Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of prior failure to comply with this Agreement. SECTION 13. NOTICES. Any notice required or permitted to be given under this Agreement by the either parry shall be in writing and shall be deemed to have been given immediately if delivered by e-mail, or in person as set forth in this section. Any notice required or permitted to be given under this Agreement may be given by regular first class mail and/or email and shall be deemed to have been given on the date of attempted or actual delivery to the recipient if addressed to the receiving party at the address specified in this section: Office of the Governor City of Corpus Christi Texas Military Preparedness Commission Margie Rose Attn: Alexandra Taylor P.O. Box 9277 P.O. Box 12428 Corpus Christi, TX 78469 Austin, Texas 78711 Email: margier@cctexas.com Email: alexandra.taylor(?gov.texas.gov SECTION 14. GRANTEE CERTIFICATIONS. By executing this Agreement, Grantee hereby makes the following certifications and warranties: A. Delinquent Child Support Obligations. Under Texas Family Code, Section 231.006(d), regarding child support, Grantee certifies that the individual or business entity named in this Page 7 of 27 Agreement is not ineligible to receive the specified payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. B. Prohibited Bids and Agreements. Under Section 2155.004 of the Texas Government Code (relating to prohibited bids and agreements), Grantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified agreement and acknowledges that this Agreement may be terminated and payment withheld if this certification is inaccurate. C. Gift to Public Servant. Grantee warrants that it has not given, nor does it intend to give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount,trip, favor, or service to a public servant in connection with the award of this Agreement. D. Former Executive Head and Employees of the Agency. Grantee certifies that this Agreement is compliant, and will remain in compliance during the Agreement term, with the following Sections of the Texas Government Code: Section 669.003 (Contracting with Executive Head of State Agency); Section 572.069 (Prohibiting employment of state officers and employees who participated in the procurement of services); and Section 2252.901 (Contracts with Former or Retired Agency Employees). E. Conflicts of Interest. Grantee certifies that neither it nor the personnel or entities employed in rendering services under this Agreement have, nor shall they knowingly acquire, any interest that would be adverse to or conflict in any manner with the performance of Grantee's obligations under this Agreement. Grantee has a continual and ongoing obligation to immediately notify the OOG in writing, upon discovery of any actual or potential conflict. F. Corporate Franchise Tax. Grantee certifies that, if applicable, its Texas franchise tax payments are current, or that it is exempt from, or not subject to, such tax. G. No Claims. Grantee certifies that Grantee does not have any potential or existing claims against or unresolved audit exceptions with the State of Texas or any agency of the State of Texas. H. Debt to State. Grantee acknowledges and agrees that,to the extent Grantee owes any debt or delinquent taxes to the State of Texas, any payments Grantee is owed under this Agreement may be applied by the Comptroller of Public Accounts toward any debt or delinquent taxes Grantee owes the State of Texas until the debt or delinquent taxes are paid in full. L Suspension/Debarment. Grantee certifies that Grantee and Grantee's principals are, to the best of its knowledge and belief, not on the specially-designated nationals list or debarred, suspended, declared ineligible, or voluntarily excluded from participation in this solicitation or any resulting contract. Grantee certifies that it will not knowingly enter into any subcontract with an entity who is, or whose principals are, on the specially designated nationals list or debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. Grantee will ensure that this section regarding debarment, suspension, ineligibility, and voluntary exclusion, and the specially-designated nationals list without modification in any subcontracts or solicitations for subcontracts. Page 8 of 27 J. Deceptive Trade Practices/Unfair Business Practices. Grantee represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business practice in any administrative hearing or court suit and that the Respondent has not been found to be liable for such practices in such proceedings. Grantee certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit, and that such officers have not been found to be liable for such practices in such proceedings. K. False Statements. By signature to this Agreement, Grantee makes all the representations, warranties,guarantees,certifications and affirmations included in this Agreement. If Grantee signs this Agreement with a false statement or it is subsequently determined that Grantee has violated any of the representations, warranties, guarantees, certifications or affirmations included in this Agreement, Grantee shall be in default under this Agreement and the OOG may terminate or void this Agreement for cause and pursue other remedies available to the OOG under this Agreement and applicable law. L. Felony Criminal Convictions. Grantee represents and warrants that Grantee and its employees who will perform services under this Agreement have not been convicted of a felony criminal offense, or that, if such a conviction has occurred, Grantee has fully advised the OOG as to the facts and circumstances surrounding the conviction. M. Immigration. The Grantee shall comply with the requirements of the Immigration Reform and Control Acts of 1986 and 1990 ("IRCA")regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services in the United States of America under this Grant Agreement,if any, and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996("IIRIRA") enacted on September 30, 1996. N. U.S. Department of Homeland Security's E-Verify System. Grantee certifies and ensures that it utilizes and will continue to utilize, for the term of this Grant Agreement, the U.S. Department of Homeland Security's E-Verify system as required by Chapter 673 of the Texas Government Code, and to determine the eligibility of: a. All persons employed to perform duties within Texas, during the term of the Grant; and b. All persons employed or assigned by Grantee to perform work pursuant to the Grant Agreement, within the United States of America; and c. If this certification is falsely made, the Agreement may be terminated. O. Certification Concerning Hurricane Relief. The OOG is prohibited from awarding an Agreement to any person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with an Agreement involving relief for any disaster as defined by Section 418.004 Texas Government Code occurring after September 24, 2005. Under Section 2155.006, Texas Government Code, Grantee certifies that it is not ineligible to receive the Agreement and acknowledges that the Agreement may be terminated and payment withheld if this certification inaccurate. Page 9 of 27 P. Technology Access Clause. If applicable, Grantee will comply with the State of Texas Accessibility requirements for Electronic and Information Resources specified in 1 TAC Chapter 213 when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation. Likewise, if applicable,Grantee shall provide the Department of Information Resources with the URL to its Voluntary Product Accessibility Template (VPAT) for reviewing compliance with the State of Texas Accessibility requirements (based on the federal standards established under Section 508 of the Rehabilitation Act), or indicate that the product/service accessibility information is available from the General Services Administration "Buy Accessible Wizard" (http://www.buyaccessible.gov). A company not listed with the "Buy Accessible Wizard" or supplying a URL to their VPAT must provide DIR with a report that addresses the same accessibility criteria in substantively the same format. Additional information regarding the"Buy Accessible Wizard" or obtaining a copy of the VPAT is located at hl!p://www.section50LggvL/. _ggv/. Q. Buy Texas. With respect to all services, if any, purchased pursuant to this Agreement, Grantee represents and warrants that it will buy Texas products and materials for use in providing the services authorized herein when such products and materials are available at a comparable price and within a comparable period of time when compared to non-Texas products and materials. R. Liability for Taxes. Grantee represents and warrants that it shall pay all taxes or similar amounts resulting from this Agreement, including, but not limited to, any federal, State, or local income, sales or excise taxes of Grantee or its employees. The OOG shall not be liable for any taxes resulting from this Agreement. S. Israel. Grantee verifies that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this agreement. SECTION 15. GENERAL TERMS AND CONDITIONS. A. Independent Contractor Grantee or Grantee's employees, representatives, agents and any subcontractors shall serve as an independent contractor in performing the services under this Agreement shall not be employees of the OOG or the State of Texas. B. Subcontracting. In the event that the Grantee should determine that it is necessary or expedient to subcontract for any of the performances herein, Grantee understands and agrees that it will be responsible to the OOG for any subcontractor's performance under this Agreement. In no event shall this section or any other provision of this Agreement be construed as relieving the Grantee of the responsibility for ensuring that performance under this Agreement, and any subcontracts thereto, is rendered in compliance with all of the terms of this Agreement. If Grantee uses a subcontractor for any or all of the work required, the following conditions will apply: (1) The Grantee, in subcontracting for any performances specified herein, expressly understands and agrees that subcontracting will be solely at Grantee's expense and the OOG shall not be liable in any manner to the Grantee's subcontractor(s); (2) Grantee will be the sole contact for the OOG; and(3)Pursuant to Chapter 2251 of the Texas Government Code,Grantee will make any payments owed to subcontractors within ten(10) calendar days of Grantee's receipt of funds from the OOG. Page 10 of 27 C. No Assignment. This Agreement is not assignable by Grantee. Notwithstanding any attempt to assign the Agreement, Grantee shall remain fully liable on this Agreement and shall not be released from performing any of the terms, covenants, and conditions herein. Grantee shall be held responsible for all funds received under this Agreement. D. Records Retention. Records shall be maintained and made available to the OOG or its authorized representatives upon request during the entire performance period of this Agreement and until three (3) years from date of final payment by the OOG for the services provided under this Agreement. In addition, those records relating to any dispute, litigation, or the settlement of claims arising out of such performance, or costs or items to which an audit exception has been taken, shall be maintained and made available to the OOG or its designee until completion of such action and resolution of all issues which arise from it, or until the end of the aforementioned three (3) year period, whichever is later. Failure to provide reasonable access to authorized OOG representatives shall give OOG the right to terminate this Agreement pursuant to Section 16 of this Agreement, or any portion thereof, for reason of default. E. Right to Audit. Grantee will cooperate fully in any review conducted by the OOG or its authorized representatives related to services provided under this Agreement. The OOG has the authority to monitor, inspect, assess, and review the fiscal, contractual, or performance of the Grantee with respect to the Agreement, including all information related to any services provided under this Agreement or billed to the OOG. Grantee will remedy in a timely manner, any weaknesses, deficiencies, Agreement noncompliance, or audit exceptions found as a result of a review by the OOG or its authorized representatives. Such remedy can include a refund or offset of Agreement payments or any other appropriate actions deemed necessary by the OOG. Acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor's Office to audit or investigate the expenditure of funds under this Agreement or any subcontract. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Grantee and the requirement to cooperate is included in any subcontract it awards. F. Texas Public Information Act. Notwithstanding any provisions of this Grant Agreement to the contrary, Grantee acknowledges that the State of Texas, OOG, and this Grant Agreement are subject to the Texas Public Information Act, Texas Government Code Chapter 552, (the "Act"). Grantee acknowledges that the OOG will comply with the Act. Grantee acknowledges that information created or exchanged in connection with this Grant Agreement is subject to the Act, and Grantee agrees that information not otherwise excepted from disclosure under the Act, will be available in a format that is accessible by the public at no additional charge to the OOG or State of Texas. Grantee will cooperate with the OOG in the production of documents or information responsive to a request for information. Information provided by or on behalf of Grantee under, pursuant to, or in connection with this Grant Agreement that Grantee considers proprietary, financial, or trade secret information (collectively "Confidential Information") shall be designated as such when it is provided to the OOG or State of Texas or any other entity in accordance with this Grant Agreement. The OOG agrees to notify Grantee in writing within a reasonable time from receipt of a request for Page 11 of 27 information covering Grantee's Confidential Information. The OOG will make a determination whether to submit a request for a ruling under the Public Information Act to the Attorney General. Grantee agrees to maintain the confidentiality of information received from the OOG or State of Texas during the performance of this Grant Agreement to the extent allowed by the Act, including information which discloses confidential personal information particularly, but not limited to, personally identifying information, personal financial information and social security numbers. Grantee will notify the OOG within twenty-four (24) hours of receipt of any third party requests for information that was provided to the Grantee by the OOG or the State of Texas. G. Media Releases or Pronouncements. Grantee understands that the OOG does not endorse any vendor, commodity good, or service. The Grantee, its employees, representatives, subcontractors, or other agents may not issue any media release, advertisement, publication, or public pronouncement which pertains to this Agreement or the services or project to which this Agreement relates, or which mentions the OOG, without the prior written approval of the OOG. H. Indemnification. TO THE EXTENT ALLOWED BY LAW, GRANTEE WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS, THE OOG, AND ITS OFFICERS AND EMPLOYEES FROM ANY CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES AND COURT COSTS CONNECTED WITH ANY ACTS OR OMISSIONS OF GRANTEE OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER IN THE EXECUTION OR PERFORMANCE OF THIS AGREEMENT. GRANTEE WILL COORDINATE ITS DEFENSE WITH THE TEXAS ATTORNEY GENERAL AS REQUESTED BY THE OOG. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE OOG FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE OOG OR ITS EMPLOYEES. L Intellectual Property. TO THE EXTENT ALLOWED BY LAW, THE GRANTEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OOG, THE STATE OF TEXAS AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, GRANTEES, ASSIGNEES, AND/OR DESIGNEES AGAINST ANY CLAIM OF COPYRIGHT, TRADEMARK, OR PATENT INFRINGEMENT, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT ARISING IN CONNECTION WITH THE PERFORMANCES OR ACTIONS OF GRANTEE PURSUANT TO THIS AGREEMENT. THE GRANTEE SHALL BE LIABLE TO PAY ALL COSTS, DAMAGES, AND ATTORNEYS' FEES INCURRED BY THE OOG RESULTING FROM SUCH CLAIMS INCLUDING ANY CLAIM FOR THE INFRINGEMENT OF ANY UNITED STATES OR INTERNATIONALLY PROTECTED PATENTS OR COPYRIGHTS ARISING FROM THE USE BY THE GRANTEE OR THE OOG, THE STATE OF TEXAS AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, GRANTEES, ASSIGNEES, AND/OR DESIGNEES OF ANY EQUIPMENT, MATERIALS, INFORMATION, OR IDEAS EMPLOYED OR FURNISHED BY THE GRANTEE IN CONNECTION WITH THE PERFORMANCES CALLED FOR IN THIS AGREEMENT Page 12 of 27 J. Taxes/Workers' Compensation/Unemployment Insurance. GRANTEE IS FULLY RESPONSIBLE FOR ITS OWN FEDERAL, STATE, AND LOCAL TAXES. GRANTEE AGREES AND ACKNOWLEDGES THAT DURING THE EXISTENCE OF THIS AGREEMENT, GRANTEE SHALL BE ENTIRELY RESPONSIBLE FOR THE LIABILITY AND PAYMENT OF GRANTEE'S AND GRANTEE'S EMPLOYEES' TAXES OF WHATEVER KIND, ARISING OUT OF THE PERFORMANCES IN THIS AGREEMENT. GRANTEE AGREES TO COMPLY WITH ALL STATE AND FEDERAL LAWS APPLICABLE TO ANY SUCH PERSONS, INCLUDING LAWS REGARDING WAGES, TAXES, INSURANCE,AND WORKERS' COMPENSATION. THE OOG, THE BANK AND/OR THE STATE OF TEXAS SHALL NOT BE LIABLE TO THE GRANTEE, ITS EMPLOYEES, AGENTS, OR OTHERS FOR THE PAYMENT OF TAXES OR THE PROVISION OF UNEMPLOYMENT INSURANCE AND/OR WORKERS' COMPENSATION OR ANY BENEFIT AVAILABLE TO A STATE EMPLOYEE OR EMPLOYEE OF THE OOG. K. Tax Identification Information Required. As a prerequisite to the OOG's ability to process any payments to Grantee under this Agreement, Grantee shall provide the OOG with required tax and payee identification information in the form of a completed "Application for Texas Identification Number" (available on the Comptroller of Public Accounts' website at http://www.window.state.tx.us/taxinfo/taxfonns/ap-152.pdf). If Grantee has previously completed the required documentation to obtain a Texas Identification Number (TIN) prior to the effective date of this Agreement,Grantee may satisfy this requirement by providing the OOG with Grantee's current TIN, name, and address to permit the OOG to verify registration in the TINS System with the Texas Comptroller of Public Accounts. L. Insurance.Unless otherwise noted in this Agreement, and to the extent that Grantee does not have or maintain insurance or does not have or maintain sufficient insurance, Grantee acknowledges and agrees that Grantee will be solely responsible for any losses or damages related to or caused by the Grantee's performing its duties and obligations under this Agreement. The OOG will have no obligation to reimburse or otherwise pay Grantee for any costs incurred related to any such losses or damages. M. Fraud,Waste and Abuse. Grantee understands that the OOG does not tolerate any type of fraud, waste, or misuse of funds received from the OOG. The OOG's policy is to promote consistent, legal, and ethical organizational behavior, by assigning responsibilities and providing guidelines to enforce controls.Any violations of law,OOG policies,or standards of ethical conduct will be investigated, and appropriate actions will be taken. In the event Grantee becomes aware of any allegation or a finding of fraud, waste, or misuse of funds received from the OOG that is made against Grantee, Grantee is required to immediately notify the OOG of said allegation or finding. Grantee is also obliged to inform the OOG of the status of any on-going investigations regarding allegations of fraud, waste, or abuse. Grantee is expected to report any possible fraudulent or dishonest acts,waste, or abuse to the OOG's Fraud Coordinator or Ethics Advisor at (512) 463-1788 or in writing to: Ethics Advisor, Office of the Governor, P.O. Box 12428, Austin, Texas 78711. Page 13 of 27 N. Saturdays, Sundays, Holidays. If the last or appointed day for the taking of any action or the expiration of any right required or granted in this Agreement is a Saturday or a Sunday or a scheduled State of Texas or national holiday, then such action may be taken or such right may be exercised on the next succeeding business day that is not a Saturday, Sunday or holiday. A schedule of State of Texas holidays is located at: http://www.hr.sao.state.tx.us/compensation/holidays.html O. Applicable Law and Venue. This Agreement is made and entered into in the State of Texas. This Agreement and all disputes arising out of or relating thereto shall be governed by the laws of the State of Texas,without regard to any otherwise applicable conflict of law rules or requirements. Venue for any Grantee-initiated action, suit, or litigation arising out of or in any way relating to this Agreement shall be commenced exclusively in the Travis County District Court or the United States District Court, Western District of Texas - Austin Division. Venue for any OOG-initiated action, suit,or litigation arising out of or in any way relating to this Agreement may be commenced in a Texas state district court or a United States District Court selected by the OOG in its sole discretion. The Grantee hereby irrevocably and unconditionally consents to the exclusive jurisdiction of the courts referenced above for the purpose of prosecuting and/or defending such litigation. The Grantee hereby waives and agrees not to assert as a defense, or otherwise, in any suit, action or proceeding, any claim that the Grantee is not subject to the jurisdiction of the above-named courts; the suit, action or litigation is brought in an inconvenient forum; and/or the venue is otherwise improper. P. No Waiver of Sovereign Immunity. OOG is immune from suit and from liability. No part of this Agreement, nor the conduct or statement any person, will be construed as a waiver of the doctrines of sovereign immunity and official immunity, or of any of the privileges,rights,defenses, remedies, or immunities available to the OOG, and/or the State of Texas, and their officers, employees, or agents as provided by law. SECTION 16. TERMINATION. A. Convenience. The OOG may, at its sole discretion, terminate this Grant Agreement without recourse, liability, or penalty, against the OOG, upon thirty (30) calendar days' notice to the Grantee. B. Cause/Default. In the event that Grantee fails to provide the agreed upon services according to the provisions of this Agreement, or fails to comply with any of the terms or conditions of this Agreement, the OOG may,upon written notice of default to Grantee, immediately terminate all or any part of this Agreement. Termination is not an exclusive remedy,but will be in addition to any other rights and remedies provided in equity, by law, or under this Agreement. C. Rights upon Termination or Expiration. In the event that the Agreement is terminated for any reason, or upon its expiration, the OOG shall be obligated to pay Grantee only for actual allowable costs incurred up to the effective date of termination. Termination is not an exclusive Page 14 of 27 remedy, but will be in addition to any other rights and remedies as provided in equity, by law or under the Agreement. OOG will not be liable to Grantee or to Grantee's creditors for any costs incurred subsequent to receipt of a Notice to Terminate or any unacceptable or disallowed costs as determined by OOG. D. Notwithstanding any exercise by OOG of its right of early termination pursuant to this section, Grantee shall not be relieved of any liability to OOG for damages due to OOG by virtue of any breach of this Agreement by Grantee. OOG may withhold payments to Grantee until such time as the exact amount of damages due to OOG from Grantee is agreed upon or is otherwise determined. E. In the event Grantee fails to comply with any provision as specified in this Agreement, the Grantee may be liable for damages under this Agreement and barred from applying for or receiving additional funding under the DEAAG program until repayment is made and any other compliance or audit findings are resolved and/or any issue of non-compliance is cured to the satisfaction of OOG pursuant to this section. F. Grantee shall refund to OOG any sum of money paid to Grantee by OOG, which OOG determines is an overpayment to Grantee, or in the event OOG determines funds spent by Grantee were not an allowable cost of this Project. No refund payment(s) may be made from local, state, or federal grant funds unless statute or regulation specifically permits repayment with grant funds. Such refund shall be made by Grantee to OOG within thirty (30) calendar days after such refund is requested in writing by OOG, or within thirty (30) calendar days of a notice from OOG indicating the request is the result of a final determination that the refund is owed. SECTION 17. AVAILABILITY OF FUNDS. This Agreement is subject to the availability and receipt of funds appropriated by the Texas Legislature that the OOG has allocated to this Agreement. If funds for this Agreement become unavailable during any budget period, the OOG may terminate this Agreement, without penalty, or reduce the amount of this Agreement at the discretion of the OOG. Grantee will have no right of action against the OOG if the OOG cannot perform its obligations under this Agreement as a result of lack of legislative appropriations in amounts sufficient to fund any activities or functions contained within the scope of this Agreement. SECTION 18. MONITORING. OOG or its designee may perform periodic on-site monitoring of Grantee's compliance with the terms and conditions of this Agreement and of the adequacy and timeliness of Grantee's performance. After each monitoring visit, OOG will provide Grantee with a written report of the monitor's findings. If the monitoring report notes deficiencies in Grantee's performances under the terms of this Agreement,the monitoring report shall include requirements for the timely correction of such deficiencies by Grantee. Failure by Grantee to take action specified in the monitoring report may be cause for termination of this Agreement in accordance with Section 16 of this Agreement. SECTION 19. CONFLICT OF INTEREST A. Grantee shall ensure that no employee, officer, or agent of Grantee shall participate in the selection, award, or administration of a subcontract supported by funds provided hereunder if a Page 15 of 27 conflict of interest, real or apparent, would be involved. Such conflict of interest would arise when: (1) the employee, officer, or agent; (2) any member of his or her immediate family; (3) his or her partner; or, (4) any organization which employs, or is about to employ any of the above, has a financial or other interest in the firm or person selected to perform the subcontract. Grantee shall comply with Texas Local Government Code, Chapter 171. B. No employee, agent, consultant, officer, or elected or appointed official, of either Grantee or of a subcontractor, who exercises or has exercised any functions or responsibilities or is in a position to participate in decision-making or gain inside information in regard to the activities involved in the Project, shall be permitted to have or obtain a financial interest in or benefit from the Project or any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties. SECTION 20. LITIGATION AND CLAIMS A. Grantee shall give OOG immediate notice in writing of any action, including any proceeding before an administrative agency, filed against Grantee arising out the performance of this Agreement. Except as otherwise directed by OOG, Grantee shall immediately furnish to OOG copies of all pertinent papers received by Grantee with respect to such action or claim. Grantee shall notify OOG immediately of any legal action filed against the Grantee or any subcontractor, or of any proceeding filed under the federal bankruptcy code. Grantee shall submit a copy of such notice to OOG within thirty (30) calendar days after receipt. No funds provided under this Agreement may be used in the payment of any costs incurred as the result of any claims, judgments, fines, or settlements. B. OOG and Grantee acknowledge that they are governmental units of the State of Texas and are subject to, and shall comply with, the applicable provisions of the Texas Tort Claims Act, as set out in the Texas Civil Practice and Remedies Code, Section 101.001 et. seq. C. Grantee acknowledges that OOG, the State of Texas, and their employees shall not be held liable for any claims or causes of action whatsoever which may occur in the course of performing the services described in this Agreement, or from the award, cancellation, or withdrawal of this Grant. SECTION 21. NOTICE OF MATERIAL EVENTS. Grantee shall furnish to OOG prompt written notice upon becoming aware or having knowledge of the occurrence of any event or development that has, or would reasonably be expected to have, a material adverse effect on the completion of the Project as described under this Agreement. Under no circumstances shall notice under this section occur more than fifteen (15) calendar days following Grantee receiving knowledge of such event or development. SECTION 22. FORCE MAJEURE. Neither party shall be required to perform any obligation under this Agreement or be liable or responsible for any loss or damage resulting from its failure to perform so long as performance is delayed by force majeure or acts of God, including but not limited to strikes, lockouts or labor shortages, embargo, riot, war, revolution, terrorism, rebellion, insurrection, flood, natural disaster, or interruption of utilities from external causes. Page 16 of 27 SECTION 23. DISPUTE RESOLUTION A. Informal Meetings. The parties' representatives shall meet as needed to implement the terms of this Agreement and shall make a good faith attempt to informally resolve any disputes. B. Grantee's Continued Performance. Grantee shall not be excused from performance during any pending dispute, unless approved in writing by the OOG. SECTION 24. CHANGES AND AMENDMENTS. A. Any alterations, additions, or deletions to the terms of this Agreement shall be by a written amendment executed by both parties. B. During the term of this Agreement, OOG may issue policy directives to establish, interpret, or clarify requirements under this Agreement. Policy directives from OOG shall be binding upon Grantee. SECTION 25. SEVERABILITY. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid,illegal,or unenforceable in any respect,such invalidity,illegality,or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. SECTION 26. ENTIRE AGREEMENT. This Agreement is intended as a full and complete expression of and constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and all prior and contemporaneous understandings, agreements, promises, representations, terms and conditions, both oral and written, are superseded and replaced by this Agreement. SECTION 27. CONSTRUCTION. The language in all parts of this Agreement shall be construed, in all cases, according to its fair meaning. The parties acknowledge that each party and its counsel have reviewed this Agreement and that any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. Any vague, ambiguous or conflicting terms shall be interpreted and construed in such a manner as to accomplish the purpose of the Agreement. SECTION 28. HEADINGS. The headings of the sections and subsections of this Agreement are inserted for convenience only and shall not be deemed to constitute a part hereof. SECTION 29. SURVIVAL OF CERTAIN PROVISIONS. Notwithstanding any expiration, termination or cancellation of this Agreement, the rights and obligations pertaining to repayment of Grant funds and/or damages, limitation of liability, indemnification, public information, reporting requirements,retention and accessibility of records, audit rights,rights upon termination, and any other provision implying survivability shall remain in effect after this Agreement ends. Page 17 of 27 SECTION 30. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. IN TESTIMONY HEREOF, Grantee and OOG have executed this Defense Economic Adjustment Assistance Agreement in duplicate originals, effective as of the last date contained on the signature lines below. OFFICE OF THE GOVERNOR CITY OF CORPUS CHRISTI Chief of Staff or Designee Margie Rose Date Date Page 18 of 27 GRANT AGREEMENT BETWEEN THE OFFICE OF THE GOVERNOR AND CITY OF CORPUS CHRISTI EXHIBIT A $3,281,314.00 THREE MILLION, TWO HUNDRED EIGHTY-ONE THOUSAND, THREE HUNDRED FOURTEEN AND 00/100 (DOLLARS). Budget. Subject to the limitations within this Agreement, the OOG will reimburse Grantee for actual and allowable allocable costs paid according to the following amounts and budget categories: Budget Category Infrastructure—Purchase of property Infrastructure - Professional & Consultant Services Infrastructure—New Construction Infrastructure - Rehabilitation and Renovation Infrastructure—Capital Equipmenti Infrastructure—Capital Supplies Infrastructure—Facilities Insurance Training Equipment Training Supplies Total 1 Per UGMS, "Equipment"means an article of nonexpendable,tangible personal property having a useful life of more than one year and a per unit acquisition cost of$5,000 or more. 2 Id. Per UGMS,items of equipment with a per unit acquisition cost of less than$5,000 are considered to be supplies. Page 19 of 27 GRANT AGREEMENT BETWEEN THE OFFICE OF THE GOVERNOR AND CITY OF CORPUS CHRISTI EXHIBIT B GRANT NARRATIVE UNLESS OTHERWISE LIMITED, DEEMED INAPPROPRIATE BY SPECIAL CONDITIONS OR ALTERED BY APPROVED BUDGET ADJUSTMENTS/BUDGET MODIFICATIONS,the following narrative provided by Grantee in its DATED grant application applies to this Agreement: Page 20 of 27 EXHIBIT C UNIFORM STATE GRANT ASSURANCES The Grantee must assure and certify compliance with any and all applicable federal and state statutes, regulations,policies, guidelines and requirements, including, but not limited to, the Uniform Grant Management Standards(UGMS);and Title 1,Part 1, Chapter 4 of the Texas Administrative Code, that govern the application, acceptance and use of Federal and State funds for this project. In instances where multiple requirements apply to a Grantee, the more restrictive requirement applies. By accepting the grant award,the Grantee certifies and assures that it complies and will continue to comply with the following: 1. Grantee possesses legal authority to apply for the grant. A resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein,and directing and authorizing the person identified as the official representative,or their designee of the organization to act in connection with the application and to provide such additional information as may be required. State agencies are not required to adopt a resolution. 2. A grantee must comply with Texas Government Code, Chapter 573,Vernon's 1994,by ensuring that no officer, employee,or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years,or such other period stipulated by local law,prior to the election or appointment of the officer, employee,or governing body member related to such person in the prohibited degree. 3. A grantee must insure that all information collected,assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code,Chapter 552,Vernon's 1994,unless otherwise expressly prohibited by law. 4. A grantee must comply with Texas Government Code, Chapter 551,Vernon's 1994,which requires all regular, special or called meeting of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 5. A grantee must comply with Section 231.006,Texas Family Code,which prohibits payments to a person who is in arrears on child support payments. 6. No health and human services agency or public safety or law enforcement agency may contract with or issue a license,certificate or permit to the owner,operator or administrator of a facility if the license,permit or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 7. A grantee that is a law enforcement agency regulated by Texas Government Code, Chapter 415, must be in compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 415, Texas Government Code or must provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules. 8. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and local grantees shall maintain an appropriate contract administration system to insure that all terms,conditions. and specifications are met. 9. A grantee must comply with the Texas Family Code, Section 261.101 which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Grantees shall also ensure that all program personnel are properly trained and aware of this requirement. 10. Grantees will comply with all federal statutes relating to nondiscrimination.These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681- 1683, and 1685-1686),which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107),which prohibits discrimination on the basis of age; (e)the Drug Abuse Office and Treatment Act of 1972(P.L.92-255),as amended,relating to nondiscrimination on the basis of drug abuse; (f)the Comprehensive Page 21 of 27 Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(P.L.91-616),as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912(42 U.S.C.290 dd-3 and 290 ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended,relating to nondiscrimination in the sale,rental or financing of housing;(i)any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s)which may apply to the application. 11. Grantees will comply,as applicable,with the provisions of the Davis-Bacon Act(40 U.S.C. § §276a to 276a-7), the Copeland Act(40 U.S.C. § §276c and 18 U.S.C. § § 874),and the Contract Work Hours and Safety Standards Act(40 U.S.C. § § 327-333),regarding labor standards for federally assisted construction subagreements. 12. Grantees will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P. L. 91-646)which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs.These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 13. Grantees will comply with the provisions of the Hatch Political Activity Act(5 U.S.C. § 7321-29)which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 14. Grantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. 15. Grantees will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's(EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. (EO 11738). 16. Grantees will comply with the flood insurance purchase requirements of 102(a)of the Flood Disaster Protection Act of 1973,Public Law 93-234. Section 102(a)requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 17. Grantees will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969(P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplain in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972(16 U.S.C. §§ 1451 et seq.);(f)conformity of federal actions to State (Clear Air)Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended(42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,as amended(P.L.93-523); and(h)protection of endangered species under the Endangered Species Act of 1973,as amended, (P.L.93-205). 18. Grantees will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 19. Grantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties),and the Archaeological and Historic Preservation Act of 1974(16 U.S.C.469a-1 et seq.). 20. Grantees will comply with the Laboratory Animal Welfare Act of 1966(P.L. 89-544,as amended,7 U.S.C.2131 et seq.)pertaining to the care, handling, and treatment of warm blooded animals held for research,teaching, or other activities supported by this award of assistance. 21. Grantees will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §§ 4801 et seq.)which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. 22. Grantees must adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code,Ann., Sec. 85.001,et seq. 23. Grantees will comply with Public Law 103-277, also known as the Pro-Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. 24. Grantees will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. Page 22 of 27 25. Grantees will comply with all applicable requirements of all other federal and state laws, executive orders, regulations and policies governing this program. 26. The applicant must certify that they are not debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs. Page 23 of 27 EXHIBIT D QUARTERLY PROJECT STATUS REPORT [PROJECT NAME] TMPC 1801-01-07 Expenditures for Quarter Ending (DATE) Expenditures Description Percentage of Project Completed: Summary of Expenditures to Date: Quarter Ending Expenditures Brief Narrative Explaining Expenditures: Project Status: Grantee's Duly Authorized Representative: Date: Page 24 of 27 EXHIBIT E PROJECT COMPLETION REPORT [PROJECT NAME] TMPC 1801-01-07 Locality: DEAAG Grant Number: Percent Completed: The GRANTEE has successfully completed, and in a satisfactory manner, the PROJECT. The purpose of the grant was to GRANT PURPOSE. The total cost for the project is as follows: •Project Total $ •Total $ The following is a brief project scope summary: This is to certify that an inspection of 100% of the completed project described below was conducted on the day of , 20 . Contracts were entered into for PROJECT between the GRANTEE and the following subcontractors: [SUBCONTRACTORS.] This is to further certify that any and all Equipment included as part of the grant budget has been purchased with the specified grant purpose, timeline,budget, and all addenda, change orders, and supplemental agreements thereto. NAME OF GRANTEE: Signature of Grantee's Duly Authorized Representative Print Name Title Date Page 25 of 27 Exhibit F DEAAG PROJECT IMPACT REPORT Project Name: DEAAG Grant Number: Grantee Name: Address: Telephone: Fax: Contact Person: Email: Time Period Covered by Report: to Project Performance Measures: • Create, retain, or train Jobs by the completion of the project • Project Description: • Project Address: Jobs Created Active Full Time Time Period Jobs Created, Retained or Students Trained EX. 01/12—03/12 Total Page 26 of 27 Breakdown of Jobs Created Job Type Jobs Created or Retained Total Jobs Created This Reporting Period to Date Direct Permanent Jobs Indirect Permanent Jobs Individuals Trained Total Businesses assisted or created this period: Businesses assisted or created to date: Project Financial Impact • Narrative summary of Impact: • Update on current Project Status (include curriculum updates): THE SIGNATURE BELOW CERTIFIES THAT THE INFORMATION SUBMITTED IN THIS REPORT IS TRUE AND CORRECT TO THE BEST KNOWLEDGE OF THE GRANTEE. FOR THE GRANTEE: Signature Print Name Title Date Page 27 of 27 GRANT AGREEMENT BETWEEN THE OFFICE OF THE GOVERNOR AND THE CITY OF CORPUS CHRISTI, TEXAS TMPC 1801-01-07 EXHIBIT A $3,281,314.00 THREE MILLION, TWO HUNDRED EIGHT-ONE THOUSAND, THRE HUNDRED FOURTEEN AND 00/100 Budget. Subject to the limitations within this Agreement, the OOG will reimburse Grantee for actual and allowable allocable costs paid according to the following amounts and budget categories: Budget Category Infrastructure—Purchase of property $0 Infrastructure -Professional & Consultant Services $319,839 Infrastructure—New Construction $2,961,475 Infrastructure - Rehabilitation and Renovation $0 Infrastructure—Capital Equipment' $0 Infrastructure—Capital Supplies3 $0 Infrastructure—Facilities Insurance $0 Training Equipment' $0 Training Supplies3 $0 Total $3,281314.00 'Per UGMS, "Equipment"means an article of nonexpendable,tangible personal property having a useful life of more than one year and a per unit acquisition cost of$5,000 or more. 2 Id. Per UGMS,items of equipment with a per unit acquisition cost of less than$5,000 are considered to be supplies. Page 1 of 9 GRANT AGREEMENT BETWEEN THE OFFICE OF THE GOVERNOR AND THE CITY OF CORPUS CHRISTI, TEXAS TMPC 1801-01-07 EXHIBIT B GRANT NARRATIVE UNLESS OTHERWISE LIMITED, DEEMED INAPPROPRIATE BY SPECIAL CONDITIONS OR ALTERED BY APPROVED BUDGET ADJUSTMENTS/BUDGET MODIFICATIONS,the following narrative provided by Grantee in its DATED grant application applies to this Agreement: Construct perimeter fencing and access control gates around Army helicopter repair facilities to enhance security of mission-critical aircraft and components. Page 2 of 9 EXHIBIT C UNIFORM STATE GRANT ASSURANCES The Grantee must assure and certify compliance with any and all applicable federal and state statutes, regulations,policies,guidelines and requirements, including, but not limited to, the Uniform Grant Management Standards(UGMS);and Title 1,Part 1, Chapter 4 of the Texas Administrative Code, that govern the application, acceptance and use of Federal and State funds for this project. In instances where multiple requirements apply to a Grantee, the more restrictive requirement applies. By accepting the grant award,the Grantee certifies and assures that it complies and will continue to comply with the following: 1. Grantee possesses legal authority to apply for the grant. A resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein,and directing and authorizing the person identified as the official representative,or their designee of the organization to act in connection with the application and to provide such additional information as may be required. State agencies are not required to adopt a resolution. 2. A grantee must comply with Texas Government Code, Chapter 573,Vernon's 1994,by ensuring that no officer, employee,or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years,or such other period stipulated by local law,prior to the election or appointment of the officer, employee,or governing body member related to such person in the prohibited degree. 3. A grantee must insure that all information collected,assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code,Chapter 552,Vernon's 1994,unless otherwise expressly prohibited by law. 4. A grantee must comply with Texas Government Code, Chapter 551,Vernon's 1994,which requires all regular, special or called meeting of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 5. A grantee must comply with Section 231.006,Texas Family Code,which prohibits payments to a person who is in arrears on child support payments. 6. No health and human services agency or public safety or law enforcement agency may contract with or issue a license,certificate or permit to the owner,operator or administrator of a facility if the license,permit or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 7. A grantee that is a law enforcement agency regulated by Texas Government Code, Chapter 415, must be in compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 415, Texas Government Code or must provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules. 8. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and local grantees shall maintain an appropriate contract administration system to insure that all terms,conditions. and specifications are met. 9. A grantee must comply with the Texas Family Code, Section 26 1.101 which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Grantees shall also ensure that all program personnel are properly trained and aware of this requirement. lo. Grantees will comply with all federal statutes relating to nondiscrimination.These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681- 1683, and 1685-1686),which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107),which prohibits discrimination on the basis of age; (e)the Drug Abuse Office and Treatment Act of 1972(P.L.92-255),as amended,relating to nondiscrimination on the basis of drug abuse; (f)the Comprehensive Page 3 of 9 Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(P.L.91-616),as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C.290 dd-3 and 290 ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended,relating to nondiscrimination in the sale,rental or financing of housing;(i)any other nondiscrimination provisions in the specific statutes) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s)which may apply to the application. 11. Grantees will comply,as applicable,with the provisions of the Davis-Bacon Act(40 U.S.C. § §276a to 276a-7), the Copeland Act(40 U.S.C. § §276c and 18 U.S.C. § § 874),and the Contract Work Hours and Safety Standards Act(40 U.S.C. § §327-333),regarding labor standards for federally assisted construction subagreements. 12. Grantees will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P. L. 91-646)which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs.These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 13. Grantees will comply with the provisions of the Hatch Political Activity Act(5 U.S.C. § 7321-29)which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 14. Grantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970,as applicable. 15. Grantees will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's(EPA)list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. (EO 11738). 16. Grantees will comply with the flood insurance purchase requirements of 102(a)of the Flood Disaster Protection Act of 1973,Public Law 93-234. Section 102 (a)requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 17. Grantees will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969(P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplain in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972(16 U.S.C. §§ 1451 et seq.); (f)conformity of federal actions to State (Clear Air)Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended(42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,as amended(P.L.93-523); and(h)protection of endangered species under the Endangered Species Act of 1973,as amended,(P.L.93-205). 18. Grantees will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 19. Grantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties),and the Archaeological and Historic Preservation Act of 1974(16 U.S.C.469a-1 et seq.). 20. Grantees will comply with the Laboratory Animal Welfare Act of 1966(P.L. 89-544,as amended,7 U.S.C.2131 et seq.)pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 21. Grantees will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. 22. Grantees must adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code,Ann., Sec. 85.001,et seq. 23. Grantees will comply with Public Law 103-277, also known as the Pro-Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. 24. Grantees will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. Page 4 of 9 25. Grantees will comply with all applicable requirements of all other federal and state laws, executive orders, regulations and policies governing this program. 26. The applicant must certify that they are not debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs. Page 5 of 9 EXHIBIT D QUARTERLY PROJECT STATUS REPORT [PROJECT NAME] TMPC 1801-01-07 Expenditures for Quarter Ending (DATE) Expenditures Description Percentage of Project Completed: Summary of Expenditures to Date: Quarter Ending Expenditures Brief Narrative Explaining Expenditures: Project Status: Grantee's Duly Authorized Representative: Date: Page 6 of 9 EXHIBIT E PROJECT COMPLETION REPORT CORPUS CHRISTI ARMY DEPOT INDUSTRIAL SECURITY ENCLAVE TMPC 1801-01-07 Locality: Corpus Christi, TX DEAAG Grant Number: 1801-01-07 Percent Completed: The GRANTEE has successfully completed, and in a satisfactory manner, the PROJECT. The purpose of the grant was to GRANT PURPOSE. The total cost for the project is as follows: •Project Total $ •Total $ The following is a brief project scope summary: Construct perimeter fencing and access control gates around Army helicopter repair facilities to enhance security of mission-critical aircraft and components. This is to certify that an inspection of 100% of the completed project described below was conducted on the day of , 20 . Contracts were entered into for PROJECT between the GRANTEE and the following subcontractors: [SUBCONTRACTORS.] This is to further certify that any and all Equipment included as part of the grant budget has been purchased with the specified grant purpose, timeline, budget, and all addenda, change orders, and supplemental agreements thereto. NAME OF GRANTEE: City of Corpus Christi, TX Signature of Grantee's Duly Authorized Representative Print Name Title Date Page 7 of 9 Exhibit F DEAAG PROJECT IMPACT REPORT Project Name: CORPUS CHRISTI ARMY DEPOT INDUSTRIAL SECURITY ENCLAVE DEAAG Grant Number:1801-01-07 Grantee Name: City of Corpus Christi, TX Address: 1201 Leopard Street, Corpus Christi, TX 78401 Telephone: Fax: Contact Person: Email: Time Period Covered by Report: to Project Performance Measures: • Create,retain, or train Jobs by the completion of the project • Project Description: • Project Address: Jobs Created zero(0) Active Full Time Time Period Jobs Created,Retained or Students Trained EX. 01/12—03/12 Total Page 8 of 9 Breakdown of Jobs Created Job Type Jobs Created or Retained Total Jobs Created This Reporting Period to Date Direct Permanent Jobs 0 Indirect Permanent Jobs 0 Individuals Trained 0 Total 0 Businesses assisted or created this period: 0 Businesses assisted or created to date: 0 Project Financial Impact • Narrative summary of Impact: • Update on current Project Status (include curriculum updates): THE SIGNATURE BELOW CERTIFIES THAT THE INFORMATION SUBMITTED IN THIS REPORT IS TRUE AND CORRECT TO THE BEST KNOWLEDGE OF THE GRANTEE. FOR THE GRANTEE: Signature Print Name Title Date Page 9 of 9 �r p January 17, 201 Captain it Brock Commanding rcer Naval Air Station o sti OMCIE OF THE IMAVOR 11001 Avenue D, Ste. 101 Jaye McComb Corpus Christi, TX 78419-5021 Daaaa,��a;�°apuaa4u'���a:ra�aa.;.a„oPxq ........................................................... .e: setter of Offer FOueai h IElfanrdirn chia^f or sia ll, IE pu llvil 6l[?d!a oexans.caoni Dear Captain Brock: 120 1 Leopard S1.7840 1 110 Box 9277 The City of Corpus Christi (City)hereby conveys this Offer tetter(Offer) for the C',wpuesChoristi purpose of offering to the Department of the Navy (Navy)an in-kind gift from the icxrxs 78-169-9277 Phone 3611-826-3101 State of Texas's Defense Economic Adjustment Assistant Grant IE'ans.36II"8z6-3 a 03 program to make infrastructure improvements at Naval Air Station Corpus Christi as ati aa,.¢:a:4a:mos csnm LSCC),Texas, as follows: 1 construct and connect a new water pipeline on the north perimeter of the base to strategically ensure a resilient t supply of water to NASCC's 41 tenant co ds and 506 facilities which e critical to the 's mission; construct perimeter fencing and access control gates around Army helicopter repair facilities to enhance the security o mission-criticalaircraft and components for the Corpus Christi Army Depot ( ),a tenant command within NASCC. In addition to the in-kind is offer also includes authorization for Project Oversight Costs incurred by the Navy to ensure all improvements eet NAVFAC designcriteria and construction standards. The rojecte amount of this cash gift is listed as Supervision, Inspection Overhead(SIOH) in attachment B of this letter. As a reimbursement grant program, the City woulde responsible for preparing project specifications(in coordination with NASCC),advertising for and selecting construction contractors, and submitting invoices from contractors for project expenses to the State of Texas. Accordingly, the City shall be responsible for the resolution of protests, claims, and other disputes that arise under such contracts and solicitations. The City understandsat the Secretary of Defense and the Secretaries of the Navy and other military services have authority to accept gifts for certain purposes under 10 U.S. . § 2601 and associatedregulations. e City further understands that such i s may be subject to terms and conditions established e donor. Accordingly,this Offer is made subject to and contingent upon the Navy's acceptance of the Terms and Conditions attached. The City of Corpus Christi is pleased to convey this Offer, which is made for the purpose of enhancing the military value of NASCC and CCAD and, in turn, strengthening the national defense of the United States. The City recognizes and fully supports the critical role played by NASCC and CCAD in this nation's defense. We look forward to implementing this initiative with the Navy at the earliest possible time and stand ready to discuss details of the in-kind gift. The points of contact are Tom Tagliabue,Director of Intergovernmental Relations, at 361.826.3850 and tomtag@cctexas.com and Jerry Shoemaker, Project Engineer, at 361.826.3516 and jerrys2@cctexas.com. Sincerely, (J McComb I ayor Enclosure Attachment A Terms and Conditions for City of Corpus Christi Funding of Naval Air Station Corpus Christi and Corpus Christi Army Depot Infrastructure Projects Subject to the City of Corpus Christi signing a grant agreement with the State of Texas Office of the Governor Texas Military Preparedness Commission for the Defense Economic Adjustment Assistance Grants and City Council of the City of Corpus Christi approval of expenditures under said agreement, the City and United States Navy agree to the following: Project Descriptions Redundant Water Supply Pipeline Part 1: City of Corpus Christi Utilities Department in-house project to construct new water supply pipeline in existing right-of-way along Spur 3 (Ocean Drive) from Ennis loslin Road to Navy property to ensure redundant water supply for Naval Air Station Corpus Christi and its tenant commands. Future maintenance and operations of this segment of the water pipeline will be the responsibility of the City. Funding: City of Corpus Christi Capita!Improvement Program Bond Funds Part 2: City will contract with successful bidder to construct new water supply pipeline along Spur 3 (Ocean Drive) from Navy property to the water plant on base to ensure redundant water supply for Naval Air Station Corpus Christi and its tenant commands. Upon completion of Part 2, City will convey ownership of newly constructed facilities and equipment on Navy property to the Navy. Future maintenance and operation responsibilities of this segment of the water pipeline will be the responsibility of the Navy. Funding:DEAAG Funds Co us Christi Army Depot Industrial Security Enclave Part 1: Corpus Christi Army Depot will, as a tenant of NASCC, repair access controls, security doors, fence line, gates, and cameras that were damaged during hurricane Harvey, to include new equipment, trenching, electrical and IT, secure access card readers, cameras, communication, lighting and concrete. City will have no role or responsibility with this project. Funding:Army Working Capital Fund Part 2: City will contract with successful bidder to construct perimeter fencing and access control gates around Army helicopter repair facilities to enhance security of mission-critical aircraft and components for the Corpus Christi Army Depot (CCAD). Ownership and future maintenance responsibilities of the newly constructed facilities and equipment shall be negotiated between CCAD and the Navy. Upon completion of Part 2, the City will convey ownership to the appropriate federal entity. Funding: DEAAG Funds Funding The City will sign a grant award agreement with the State of Texas, Governor's Office, to authorize reimbursement of costs for specified scope of work. If the Navy, NASCC, or CCAD requests scopes of work or services outside of the agreement resulting in cost increases or overruns for the specified projects, it shall be the responsibility of the requesting entity to cover those increased costs. Project Mana ement and Contract Administration The City will, in coordination with NASCC, manage the Project and contract administration from engineering through construction. NASCC will provide specifications for engineering, design, permitting, and construction of the Projects to the City. The City may select construction contractor and suppliers to perform required services for the projects. Contractinm Res onsibilit The City shall award and administer such contracts as it considers necessary to accomplish the Projects. Accordingly, the City shall be responsible for the resolution of protests, claims, and other disputes that arise under such contracts or solicitations therefore. The Navy will be responsible for project oversight and supervision responsibilities outlined in the proposed project budgets in ATTACHMENT B. Amendments Unless otherwise provided herein, this Agreement may be amended only by written instrument duly executed on behalf of each party. Certification of Costs and Budget NASCC and CCAD will provide to the City the certified cost estimates for the respective selected Projects. The budget for the Projects shall be in accordance with the certified cost estimates. NASCC and CCAD will promptly notify the City of any Project costs exceeding the estimates. The notification shall be made at the time such excess costs become known to NASCC and CCAD. The budgets used in the City's application for DEAAG funding, developed in coordination with NASCC and CCAD, are included in ATTACHMENT B. Change Orders The City will consult with NASCC prior to a decision to commit to a change order in excess of five percent (5%) of the cost of the design or 5% of the total cost of the Project. Proiect Schedule and Documentation NASCC will provide the City with copies of the Department of the Navy Construction Contract Turnover and Close-out Checklists. The City will provide NASCC with copies of the following documents related to the Project: (a) contractor schedules upon approval by the City; (b) all local, state and federal approvals upon receipt by the City; (c) contractor invoices within fifteen (15) calendar days of completion of the Project; (d) final certification of total Project cost within 15 calendar days of completion; (e) completed Navy Construction Contract Turnover and Close-out Checklists, and (f) available as-built drawings for the Project upon request. The City and NASCC agree to coordinate in good faith to resolve any Freedom of Information Act or Texas Public Information Act issues that may arise with respect to contractor invoices. Project "completion" shall be the date of formal final acceptance of the Project as shown on DO Form 1597. Excess Funds Not applicable. Access NASCC will give representatives of the City and any contractors or subcontractors reasonable access to build and inspect the Project provided the contractors or subcontractors do so in a manner that will not interfere with Project construction or operational concerns of NASCC. The City will give representatives of NASCC access to all related construction documents and Project expenditures. Liaisons The City and NASCC agree to have specifically designated liaisons at all times. The City liaison will be Jerry Shoemaker, Project Engineer. The NASCC liaison will be the Commanding Officer, U.S. Naval Air Station Corpus Christi. The City and NASCC will promptly notify each other should there be a change of liaisons. Duration These Terms and Conditions shall remain in effect throughout the duration of the Project unless modified in writing by the City and NASCC. No Waiver of Sovereign Immunity Nothing herein shall be construed as a waiver or limitation of sovereign immunity or other immunity of the parties provided by Federal or State law. ACKNOWLEDGED AND AGREED FOR THE CITY OF CORPUS CHRISTI ... ...... . ....... ......"" -----------------------------------------------------------------I.............................................. Margie C.I�,,.,ose City Manager Date: Approved as to form by the City Attorney ' isl v Miles+' isley City Attorney Date: FOR NAVAL AIR STATION CORPUS CHRISTI ...................................... CA, f-phidiip Brock, USN Commanding Officer Naval Air Station Corpus Christi Date: ATTACHMENT B PROJECT BUDGETS Naval Air Station Corpus Christi Water Infrastructure�..-,. „ �"..��"��ec � _... ,,,,,,,,, ..Ma'or Part. ......_ ..........................--l-1.1-.............. astructure Project Portable Water Pipeline Pr ........................................, __................................. ,................................. ..��_.................._�� ..................................... ......_...........................,„ Project PARI' 1 Spur from Ennis Joslyn to Navy Property J ur 3 fr n. .,. ... p........................ .................................__.—.........................-..�...__...........................__... Descriptio In-house project to construct new water supply pipeline line in existing right l s q�- xair along Spur 3 firom Ennis Joslin Road to Naiy property to ensure redundant water supply for Naval Air Station Corpus Christi and its tenant commands ���... Source City of Corpus Christi Capital Improv°een...., ..... ... . .... .... ............ .. .........mm............................. .... Improvement Bond Funding QTY UNIT DESCRIPTION L NIT TOTAL COST PRICE (QTY T PRICE) 1 LS Mobilization,co �� plete in place per lump sum $76,579.$ 7 $76,580 ... 4520 LF Install 12 dram. 0900 DR18 PVC Waterline $75.00 339 000 (up to 42" of cover); complete in place per linear foot . ...... __.. ......................................... ..................................... .............................................. ..................... ........ 3 EA Install 12" R(W Gate Valve,complete in $2,300.00 $6,900.......... lace Per 2 FA Install 12"°T ......ees(MJ), complete in place per $ x00 $1,200 600. ..................... each ....... .. ....�.�.................. ....��__............................. ......................................... ...............................__. 1 EA Install 16"Tapping sleeve c/w 12" RW Gate $41500.00 $4,500 Valve, complete in place per each 8 EA Install FH Assembly(up to 42 of cover), $4,800.00 $38,400............. complete in place per each 1 EA Install Water Meter and Water Meter Box, $700.00 700 complete in place per each .. ... 45_0 LF Trench Safety for Remove and Install $1.1 $5,334 v Waterline(up to 42"cover), complete i ������ lace2ec each ......... mm 4_1 TONS Cement Stabilized Sand, ��� $53.10 "128,578������� � 2 7 ,complete in place � er each _511 SY Asphalt Pavement Repair,complete in place $76.70 $192,602 ~" soars and ........ eC .. _. ._ 0 4I DAY Signing and Traffic control,complete in place $650,00 $26,650 .. r da U e.............�°......................... 41 DAY ...�...�.. ...e................................ .............................................� .................................... .__.................................��..... o Flagger,complete i place per day $470.00 $19,270 ................................... ........................................ ........... ......._.................................................- ............................. . ............................................ 41 DAY Flashin ow Board, complete in place per $ 5. w � $2,665........... da 0_. _. Construction Contingency 25 000" $21 0 0,595 $1,052,97 TOTAL_..... _ ................................................................................................................................ ........................................................................................................................11.111111. ......................................................................................................................................... ........................................................................................................................... Major Portable Water Pipeline Project PART 2 -Navy Property to W-7 on base ..................... ..............."I'l""I'll""I'll'll""I'll""I'll",lI 11111111������� ............................................................ ......................................................................................................................................................... .............................................................. Description Continue construction of new water supply pipeline along Spur 3fi-ont Naiy property to the ivater plant on base to ensure redundant i rater supply far Naval .4h-Station Corpus Christi and its tenant commands .................................................... .............. ......................................................................................................... ......................"I'lI'llI'll'll"",',,""I',l",lI............... ....................................................................................... Source Defense Economic Adjustment Assistance Grant(DEAAG) ............... .............. ............................................. ...................................................................................................................... ............................................................................................................ ............................... QTY UNIT DESCRIPTION UNIT COST TOTAL COST (QTY * UNIT PRICE) ..................... ............... ........................................................................................................................... .................................................................................................................................... ............... ............... I ' LS Set up for Boring at Depths ranging from 6'- $22,500.00 $22,500 0" to 10'-0" under earthen soil,asphalt and concrete(up to 8" thick with#6 rebar) roads, sidewalks, etc. ............... LF xillill'I'll""I'll,'ll""I'll""I'll",'ll""I'll""I'll",'ll""I'll,,'ll""I'll""I'll",Ill""I'll"".",� ............................................................................................................ ..................... ............... ow for directional boring of 10" dia SRP $170.00 $595,000 3,500 C900/ASTM D 1248 HDPE(PPI 3 40 8)(or direct equivalent) Pressure Pipe and Fittings under Oso Bay to connect with 10" dia. SRP C900 DR-1 PVC/ASTM D1248 HDPE SDR- 13.5 (PPI 3408)(or direct equivalent) Pressure Pipe and fittings at both Ward Island Boundai and NASCC. LF 8,50OLFofIO" dia. SRPC900DR-9/ASTM I $145.00 $1,232,500 8,500 HDPE SDR 13.5 (PPI 3408) (or direct equivalent)Pressure pipe and fittings under Oso Bay to connect with 10" dia. SRP C900 DR-9 PVS/ASTM D1248 HDPE SDR 13.5 (PPI 3408) (or direct equivalent) Pressure Pipe and fittings for a Pressurized Potable Water Distribution Service Cert. Pipe�Fitting��Isolqion valves, etc. ..................................................................................................................... ........... ............................................................................................................................. ........................................................................................................................................................ I LS Procurement of Chloronation System and $150,000 $150,000 installation of 10"dia. Automatic demand and flow, level and pressure control and regulating Clayton Valve Assembly and enclosure at 2,000 kgal reservoir(W-7)with data link to demand cycle of :gum Vis) in W-I ............... ................................................................................................................... ................................................................................................................................ I LS Procurement of Chloronation[Water $30,000 $30,000 Treatment Gaseous Infusion System for remote standby usage to ensure redundancy and resiliency in the event of a casualty to the existing primary water supply system infrastructure. .......................................................................................................................... .......................................................................................................................................... .......................................................................................................................................................... ........................................ 1 LS Additional fill material -allows for backfill $20,000 $20,000 and compaction for pipeline installed along Southeast section of airfield. Allows for cement-stabilized base and assort sub-base compacted). Allows for placement of replacement section(s)of reinforced (8" thick 0 ........ .............. w/A615 rebar)concrete. Allows for MAC, ...............!�2.............................. ,........... ..................................................................................... ............... ............................................................................... . .................................................. =on 1 1/_ each course° � .............................................,. ............................................................................................................................................................. m........................................................... Contingency(10�a) $205,000 Engineering Services(3.5 Via) $71,750 . ................................................... S ( ° ) . .............................................�. ....................................................................$.1..64,000........................... . Design 8�o Topographic Survey(3.5�o) �.���$71,750 Construction Inspection(1.5�o)partial $30,750 ............................................... ..................................................... .,..................................................................................................... ...................... SIGH (4.6%) $94,300 ® Testing-geotech and...qua.l.i y...('ai......}.. t.. . .... e5..... r mmm cn 0Miscellaneous-printing,advertising, etc. $6,150 ................................................... (........................). ........... ..................................................... ............................................. TOTAL EAAG QUEST $2,734,700 ...................... ........In-Kind................� .................,........................ ................................................� ..................... Y Contribution ........................�................................................�mm.................................................... C1.t ,.......... ............................................ .............................. y Source City Capital Improvements Program Bonds Cs Funds .......................... �c Construction Inspection(2.0%)partial .. .. ................................ aC City Contract Administration/Financial $82,04.1.. ............................ .................... Mana:Fement i 3°4) rTi ..................... SUBTOTAL°.......$.1.36,735... ................................................... Project Share Budget .......................................:. ................................................................................................... Estimate ......... .............................. . .................... DEAAG Request 69.68oo $2,734,700 .. ....... City In Kind Match 30.32/a $1,189,708 L................................L.......................................... TOTAL 100.00/o ........$3,424,408...................... ........................................... Corpus Christi Army Depot .................................................. ............................................... Existing Security Fe ncing Repairs Estimate ......., ................. ... . ............. �.................................................... ............................................... ............................................................... .DescriptionRepair access controls, security doors,fence lune, gates, and cameras that were damaged during hurricane Harvey. Includes new equipment, trenching, electrical and IT, secure access card readers, cameras, communication, lighting and new concrete. Source:..................................... .. ..... ....................................... ......................................._,............................................ .................................................. .. CCAD (Army Working Capital Fund) s Control/Security Doors ....... . ...................................................... $103,861 ,...................... ............................ $458 600 Fence Line/Gat e Repairs .� Security Camera Repairs $157,710 Labor/Rental Equipment $100 000 ........................... SUBTOTAL $820,171 . ............................................. ..........................................m .................................................... ,.................................................- ............................................. ,........................................................ ........................... p rArmy Depot Industrial Security Enclave ............................................. Description Coiistriict perimeter fetzciiig and accesscontrol gates around Army°°°............................................... helicopter repair facilities to enhance security of mission-critical aircraft and components for the Cot pus Christi Army Depot (CCAD) ..................��...................Source..... ............................Defeas.e ,............................................... ................................................................. ......................................................... .....................................................- ,,............................................................................ Economic Adjustment Assistance Grant(DEAAG) QTY ITEM PER UNIT TOTAL ..............................................................�.............................................+. ................................................................ . m.......................,,. 16 Turnstile ADA Gate+ Concrete Pad $84,000 $1,344,000 ........................................................... ......Access............... ControlledSlide Gate........EA............. .........................................................,........................................................ ............................. 4............................................... ............. ............................................. ...................................................... (EA) $75,000 $675,000 Manually controlled Slide Gate(EA) $9,516 $38064.................. .................. ....7s0............................................................... . ......... .................................................. ................................................................. ............... Chain Link Fencing (LF) $90 $340,213 .............................................................. I,150 ' Chain Link Fencing+ Aircraft Cabling $150 $172,499 LF ° ............ ............................. Sidewalk Alterations/Improvements $63,974.................. mm$63,974 l Mobiliz ation/Demobilizati $ ° 500 $58,500 U miscellaneous items Y ...................................................... Contingency 1.0°0 $269,2.25.... SUBTOTAL $2,.9.6.1,475 Design 5.00 �o $148,074 y 3.50°° ................... ......................$..1...03 652................................. Topographic Surve N . m...................... VJ Testing(Geotech & Quality) 2.00°0 $59,229 .,��m.................�.........................� Misc. Printing, Advertising, Etc.) 0.30°0 $8,884 ............................................................................. SUBTOTAL $3.1.9,839........... ................. OAL DEAAG REQUEST..... ........................................................................................................................ .................................................................................................... .... .......... .... AD°.......... .............. $3,281,314 C In-Kind Contribution"�............................................................... .......................................................�,........................................................ m............................................................ .,................................................... s Source.......................... ............................................., ..................................................... CCAD Ams '.......................................................... ........................................................� ......................................................... . ..............................................................� (Army Working Capital Fund) ........................................................ .............................................................. m.................. Engineering Services 3.50% $I03,652 ....................................... .................................................. ............................................. ,................................................................ ............................................................, ............ NAVFAC/CC ................................................ A SIOH 4.50°x'0 $..1..3.3.,266 ............................ SUBTOTAL $236,918 11..........................................................m......................... . ......................................................... ,................................................................... C y of Corpus Christi In Kind Contributions .................................... ................................................ ............................................. ............................................................... ...........................................................mm............................................................ ........................................................... ............................... Source. City General Fund ,r . ..................... .................... -,................................... Construction Inspectio 2 Inspection .. 1...5.... �o $44 42_..... ..... Contract Administration/Financial 3.00% 4 Maria cement ° SUBTOTAL $133,266 .................................. IN-KIND...CONTRi ....................... .......... BUTIONS $370,184 Project g6re Budget ....................................................... Estimate DEAAG Request 73.3K $3,281,314 City Cost Share 2.98 �o $133,266 ........... CCAD Cost Share 23.64°°............................. $..1..057,089 .......... . TOTAL 100.00 ................... ...............54,471,669....m......... .. L.............................. ............................................... CUs �1[Ni AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of February 27, 2018 Second Reading for the City Council Meeting of March 20, 2018 DATE: January 30, 2018 TO- Margie C. Rose, City Manager FROM- William J. Green, P.E., Interim Director, Development Services Department BiIIG@cctexas.com (361) 826-3276 Public Hearing and First Reading Ordinance — Rezoning property at or near 12750 Hearn Road CAPTION: Case No. 0118-01 AEP Texas, Inc.- A change of zoning "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District. The property is described as Hearn Addition Annex, Lot 1, located on the north side of Hearn Road, west of Callicoatte Road, and east of Leopard Street. PURPOSE: The purpose of this item is for consistency of zoning districts with adjacent parcels also owned by AEP Texas, Inc. RECOMMENDATION: Planning Commission and Staff Recommendation (January 24, 2018): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District. Vote Results- For- 7 Opposed: 0 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 "IH" Heavy Industrial District is for consistency of zoning districts with adjacent parcels also owned by AEP Texas, Inc. The proposed rezoning to the "IH" Heavy Industrial District is a corrective measure and amendment to the adopted Future Land Use Map. The requested zoning is consistent with the Northwest Area Development Plan (ADP), Plan CC, and the surrounding zoning district. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries the Northwest Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "IH" Heavy Industrial District is a corrective measure and amendment to the adopted Future Land Use Map. The requested zoning is consistent with the Northwest Area Development Plan (ADP), Plan CC, and the surrounding zoning district. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ 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 BALANCE Fund(s)- Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0118-01: Ordinance rezoning property at 12750 Hearn Road from "RS-6" to "IH" and amending the Comprehensive Plan. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of AEP Texas, 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, January 24, 2018, 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 "IH" Heavy Industrial District and on Tuesday, February 27, 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 AEP Texas, 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 Hearn Addition Annex, Lot 1, located on the north side of Hearn Road, west of Callicoatte Road, and east of Leopard Street (the "Property"), from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District (Zoning Map No. 065050), as shown in Exhibit "A". Exhibit A, which is a map of the property attached to and incorporated in this ordinance by reference as if fully set out herein in their entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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\2018\0118-01 AEP Texas, Inc\Council Documents\Ordinance_0118-01_AEP Texas, Inc.docx Page 2 of 2 SUBJECT PROPERTY 2 RS-6 1H 1 6 0 5 4 NAV 3 Date Created:11412018 0 400 800 Prepared By:Joanna Scott Feet Department of Development Services CASE: 0118-01 ZONING & NOTICE AREA �, ------ �!�, RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.OverlayON Professional Office RS-10 Single-Family 10 RM-ATMultifamily AT RS-6 Single-Family6 CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 CN.2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Family 15 3 oPPROPER N TY CR-2 Resort Commercial RE Residential Estate � uuuuuuuuuuuu � CG-1 General Commercial RS-TH Townhouse T <11 CG-2 General Commercial SP Special Permit oP CI Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home i CR-3 Resort Commercial - FR Farm Rural H Historic Overlay W BP Business Park �' C C-11Subject Property O Owners ,Q City Of with 200'buffer in favor ,' Corpus 4 Owners within 200'listed on y Owners LOCATION MAP attached ownership table /�in opposition `� CI1r1St1 Zoning Case #0118-01 AEP Texas, Inc. Rezoning for a Property at 12750 Hearn Road City Council Presentation February 27, 2018 Y Y Aerial Overview n i r r � , s9 , I w III �, iii✓�" f��� %!���°i�'f ®f��f/� ,i f \ �? � ) S u bj e ct P[o p e y at 12750 Hea[n Road % ^ N It /}p \y \ , ~ ^�� . } : v . <\ � r \ I 6A. z » \ � O \\ :\ y � +c. ,aC_ aem. 77wm �, : g Y r�f Y Zoning Pattern i �, �,:.�� /�h,;,1. r �,�;�"+i/ �r✓/ ,"., ,7�ii/,,"",%�/ri /�/l�j' "% � !';�� r� °f�"'U`r /��,/'�� �� ® 'n/"!�r//l l V ,-../ O r,.�. r r,r,np, ✓/ ////%�/;/ii�/r/�/,�w15 rl/�/' J/ �,! u, Y;�r1�/ / r .. ri- ® .' r'y / " „ ,_...V .L, - �t!�r '`✓i.� ,l,. L%.� "" ;r�/ i /�r;,///i�., /ri./iii;.,,: 1 I=.". Pr �/inl /��G � ,-,% r o- /�/�1�%/r.�p,,. �q;,��� ,rvu�, F ��. ,", ,/t r., r „";;, ,r/, ///���d /ln ,:., �/(.,/ Ir,..rr,✓f / //�0/. ,. /�i; ri /r ,;",��✓� ��,., �,rr r,i. /,,., ,/Y iii/i� //�/�//� ,r r„�, r !r � „✓,.�r�� <f /, ,, ,/,., ( / �1, 1�,,, %" �' r r1 /ii �rrr i ® ,:�➢!� 1.J"ri� �/ ��® � � � �� � �%.r (� �/-,. -,r //�r�l r r,T ��//,d✓w( �'"�,, / ,d, �y,r „ l �iJ1 ,. rr,.� rr, ) f j/�/” ;,r J r//,�f,rrr r /�l> /(?'�p � f�/i/b r!r//f,' ��'; 1✓ / � ,,jl r,�i�,�lr//rd/d,✓ ///�� I i`�� � ' • � 11�,, �-,i%1// i ���l>'���//,, ��� �/r�i�� ��r�� t° ��s /i ��r" it,;✓ r f�/iirii°,, � �, <',' Y f Y Staff Recommendation Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District. PLANNING COMMISSION FINAL REPORT Case No. 0118-01 INFOR No. 18ZN1000 Planning Commission Hearing Date: January 24, 2018 = Owner: AEP Texas, Inc. Applicant/Representative: John M. Garcia J 'C: Location Address: 12750 Hearn Road 5.06 o6 w Legal Description: Hearn Addition Annex, Lot 1, located on the north side of p Hearn Road, west of Callicoatte Road, and east of Leopard Street. From: "RS-6" Single-Family 6 _ To: "IH" Heavy Industrial District 'E Cr Area: 0.857 acres 0 Purpose of Request: For consistency of zoning districts with adjacent parcels also owned by AEP Texas, Inc. Existing Zoning District Existing Land Use Future Land Use Site "RS-6" Single-Family Vacant Medium Density Residential Vacant and Medium Density North "IH" Heavy Industrial Public/Semi-Public Residential _ Permanent Open Park and Heavy 0 M South "IH" Heavy Industrial Industrial Space and Heavy � = Industrial = J Medium Density n East "IH" Heavy Industrial Public/Semi-Public Residential and x W Heav Industrial Vacant, Drainage, Permanent Open West "RS-6" Single-Family and Low Density Space and Medium Residential I Density Residential Area Development Plan: The subject property is located within the boundaries 06 of the Northwest Area Development Plan and is planned for medium density c0a c residential uses. The proposed rezoning to the "IH" Heavy Industrial District is a corrective measure and amendment to the adopted Future Land Use Map. a c The requested zoning is consistent with the Northwest Area Development Plan Q (ADP), Plan CC, and the surrounding zoning district. Map No.: 065050 Zoning Violations: None 0 Transportation and Circulation: The subject property has approximately 195 L 0 feet of street frontage along Hearn Road which is designated as a "Cl" Minor 0. y Collector Street. ca L Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation 0 � Plan Type Section Section Volume L O Cn "C1" Minor 60' ROW 60' ROW Hearn Road Collector Street 40' paved 23' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District on 0.857 acres for the consistency of zoning districts with adjacent parcels also owned by AEP Texas, Inc. Development Plan: The subject property is comprised of 0.857 acres. The owner is requesting to rezone to the "IH" Heavy Industrial District. The applicant explains that no proposed construction is anticipated for this site at this time. However, AEP Texas, Inc. would like to rezone to the "IH" Heavy Industrial District to maintain consistency with the adjacent parcel that is also owned by AEP Texas, Inc. and zoned "IH" Heavy Industrial District. The adjacent parcel (Lon C. Hill Subdivision, Unit 2, 35.77 acres), currently adjoins Lot 1 along the north and east property boundaries. The subject property has 195 feet of frontage along Hearn Road. Existing Land Uses & Zoning: The subject property is currently zoned "RS-6" Single- Family 6 and is vacant land. To the north and east, adjacent to the property, is Lon C. Hill Subdivision, Unit 2, 35.77 acres zoned "IH" Heavy Industrial District and is part of a proposed AEP complex. To the south of the property are heavy industrial uses owned and operated by AEP Texas, Inc. and zoned "IH" Heavy Industrial District. To the west is a railroad right-of-way approximately 245 feet in width. Further to the west are single- family residential homes zoned "RS-6" Single-Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Northwest Area Development Plan (ADP). The proposed rezoning to the "IH" Heavy Industrial District is inconsistent with the adopted Future Land Use Map. However, the requested zoning is consistent with the following policies of Plan CC: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). Staff Report Page 3 Department Comments: • The proposed rezoning to the "IH" Heavy Industrial District is a corrective measure and amendment to the adopted Future Land Use Map. The requested zoning is consistent with the Northwest Area Development Plan (ADP), Plan CC, and the surrounding zoning district. • The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The property is currently vacant and is a remaining "RS-6" Single-Family 6 tract and has never been developed and is surrounded by the "IH" Heavy Industrial District. • If the "IH" Heavy Industrial District is approved, any future development will still need to abide by all requirements of the Unified Development Code (UDC). • Due to the adjacency of a railroad right-of-way, no buffer yard would be required between the adjacent large lot single-family homes. Planning Commission and Staff Recommendation (January 24, 2018): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District. Vote Results: For: 7 Opposed: 0 Absent: 2 Abstained: 0 Number of Notices Mailed — 6 within 200-foot notification area = 7 outside notification area 0 CC As of January 19, 2018: a= In Favor — 0 inside notification area o — 0 outside notification area Z In Opposition — 0 inside notification area CL — 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0118-01 AEP Texas,Inc\PC Documents\Staff Report_0118-01 AEP Texas,Inc..docx SUBJECT PROPERTY 2 RS-6 1H 1 6 0 5 4 NAV 3 Date Created:11412018 0 400 800 Prepared By:Joanna Scott Feet Department of Development Services CASE: 0118-01 ZONING & NOTICE AREA �, ------ �!�, RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.OverlayON Professional Office RS-10 Single-Family 10 RM-ATMultifamily AT RS-6 Single-Family6 CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 CN.2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Family 15 3 oPPROPER N TY CR-2 Resort Commercial RE Residential Estate � uuuuuuuuuuuu � CG-1 General Commercial RS-TH Townhouse T <11 CG-2 General Commercial SP Special Permit oP CI Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home i CR-3 Resort Commercial - FR Farm Rural H Historic Overlay W BP Business Park �' C C-11Subject Property O Owners ,Q City Of with 200'buffer in favor ,' Corpus 4 Owners within 200'listed on y Owners LOCATION MAP attached ownership table /�in opposition `� CI1r1St1 se O � " AGENDA MEMORANDUM Nqq POP PSEO 1852 First Reading Ordinance for the City Council Meeting of February 20, 2018 Second Reading for the City Council Meeting of February 27, 2018 DATE: February 15, 2018 TO: Margie C. Rose, City Manager FROM: Daniel M. Grimsbo, P.E., Executive Director of Water Utilities, Utilities Department DanG@cctexas.com (361) 826-1718 William J. Green, P.E., Interim Director, Development Services Department BiIIG@cctexas.com (361) 826-3276 Amending the Wastewater Collection System Master Plan to move flows to Airline Lift Station CAPTION: Ordinance amending Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Sub Basin SPA 30; amending Comprehensive Plan; and providing publication. PURPOSE: The purpose of this item is to amend the City's wastewater master plans by allowing approximately 18 acres to be relocated from Lift Station 13 service area to the Airline Lift Station service area to provide wastewater service to the property described in Nueces County records as Flour Bluff and Encinal Farm and Garden Tract 17.87 acres out of Lot 13, Sec 25. The subject tract is located at 7502 Yorktown Boulevard, approximately 17.87 acres in area, located northeast of Yorktown Boulevard about 0.4 miles east of intersection of Rodd Field Road and Yorktown Boulevard. BACKGROUND AND FINDINGS: The subject tract is currently situated within the Lift Station # 13 internal boundary. The Wastewater Collection System Master Plan OSO W.R.P. Service Area, Sub Basin SPA 30 (2006) (Exhibit A) shows a planned collection line beginning at the southerly end of the property, extending through the property to its northern boundary. This collection C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@E40D568E\@BCL@E4OD568E.doc line then extends east approximately 1,650 feet, and turns north (crossing Master Channel 31) a distance of approximately 1,900 feet to discharge into Lift Station 13, with ultimate conveyance into the Airline Lift Station. The wastewater collection system described does not exist currently and there are no easements dedicated for the installation of this described wastewater collection system. The engineer is proposing an amendment to the adopted SPA 30 wastewater master plan as described below: Airline Estates Subdivision located to the west of the subject tract is at the intersection of Airline Road and Yorktown Boulevard, is currently under development. Airline Estates is proposing a 12-inch collection line along the northerly boundary of the property, eastward up to the church property. The proposed master plan amendment would call for future extension of 695 feet of 12-inch collection line to the subject tract. Providing service through the proposed route will require obtaining easement rights from only the adjoining church owner. The current Wastewater Collection System Master Plan shows sewer loads from the project site flowing to Lift Station 13, with ultimate conveyance into the Airline Lift Station. Therefore, no further analysis of the wastewater collection system's capacity is necessary. The results of the engineer's analysis illustrate that directing sanitary sewer flow from the subject property to Airline Lift Station will not adversely affect the existing downstream infrastructure, and the existing infrastructure has sufficient capacity to convey projected peak wastewater flows from the study area without exceeding the lift station's capacity. ALTERNATIVES: Denial or alteration of the proposed Wastewater Master Plan amendment. OTHER CONSIDERATIONS: Developers are fully or partially reimbursed from the Developers' Trust Funds for constructing infrastructure according to the master plans. Amending the Wastewater Master Plan will allow developers to be reimbursed for constructing improvements that serve a public purpose. CONFORMITY TO CITY POLICY: The proposed amendment conforms to City policy and the Comprehensive Plan. DEPARTMENTAL CLEARANCES: Utilities Department Planning Legal C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@E40D568E\@BCL@E40D568E.doc FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑x 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 BALANCE Fund(s)- COMMENTS: None RECOMMENDATION: On November 01, 2017, the Planning Commission recommended that City Council approve the proposed Wastewater Master Plan amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Presentation C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@E40D568E\@BCL@E40D568E.doc Ordinance amending Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Sub Basin SPA 30; amending Comprehensive Plan; and providing publication. WHEREAS, the Planning Commission has forwarded to the City Council its recommendation concerning the amendments to the Master Sanitary Sewer Plan for OSO W.R.P. Service Area, Sub Basin SPA 30, which are elements of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 01, 2017, during a meeting of the Planning Commission, and on February 20, 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 these amendments would best serve public health, necessity, and convenience, and the 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. The Master Sanitary Sewer Plan for OSO W.R.P. Service Area, Sub Basin SPA 30, an element of the Comprehensive Plan of the City of Corpus Christi, Texas (the "Comprehensive Plan"), are amended by relocating approximately 18 acres of land from Lift Station 13 service area as identified in the Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Sub Basin SPA 30, to the Airline Lift Station service area as shown in Exhibits "A" and "B," which are attached to this ordinance and incorporated into this ordinance by reference as if fully set out in their entireties. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from any element of the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this ordinance. SECTION 3. The Wastewater Collection System Master Plan for OSO W.R.P. Service Area, Sub Basin SPA 30, as amended from time to time and except as changed by this ordinance, remain in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. SECTION 6. Publication shall be made in the City's official 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 Page 2 of 2 Amending the Wastewater Collection System Master Plan to move flows to Airline Lift Station 1 City Council Meeting February 20, 2018 Aerial Overview i17771dddd1777771ddrd177771ddddd177771ddrd1777771dddd17f11 � a,e o ��m I I � �Itl q�tura A Lift Station# 13 2 SPA 30-Existing Wastewater Master Plan -,Ilhrllhrlllhr lL�,rllhrl �,rllhrl�!�,rlllhrllhr�! f���Nf �,, w �J/f""" rr" V f Y r n ���� � r/�h �4i l��® ',✓,gym� - ,I d •"o � p mMn �' // i � l�,;/bra "J+�-'��� /���%'��I��(y/�� �°y' '� i �i i✓, Lift Station# 13 A.MM SPA 30-Proposed Wastewater Master Plan �, i� r M n an ✓ � l �yk 2 .�t i Lift Station# � 13 �r PON, �� mp �� ' / ++% F,lii��{rF�JGrI+ ifffld;4 ✓u'� �.. v J Staff Recommendation ➢ Approve proposed Wastewater Collection System Master Plan Amendment SC o� � U NORPOR pEO 1852 AGENDA MEMORANDUM Action Item for the City Council Meeting of February 27, 2018 DATE: February 13, 2018 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, P. E., Executive Director of Water Utilities DanG@cctexas.com (361) 826-1718 Resolution Amendment Authorizing Emergency Procurement of Water Quality Improvements CAPTION: Resolution amending Resolution 030905 to increase amount authorized for water quality improvements by $199,065 for revised total of$2,919,065. PURPOSE: The purpose of this agenda item is to amend a resolution passed by City Council in July of 2016 declaring an emergency for the procurement of goods and services necessary for water quality improvements. BACKGROUND AND FINDINGS: Resolution 039095 authorized expenditures not to exceed $2,720,000 for the purchase of goods and services described in Exhibit A dealing with water quality improvement issues in 2016. The purchase of the `Tank Shark' or Monochloramine Management System used at the Navigation Pump Station exceeded the originally authorized expenditures in Operating funds. ALTERNATIVES: None OTHER CONSIDERATIONS: The actual costs for projects are based on final agreements. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Utilities Department; Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS CIP only) Operational Budget 970,000 970,000 Capital Budget 1,750,000 1,750,000 Total Budget 2,720,000 2,720,000 Encumbered / Expended Amount This item Operational 199,065 199,065 Budget Future Anticipated Expenditures This Project BALANCE 2,919,065 1 2,919,065 Fund(s): Capital Fund and Operating Fund RECOMMENDATION: City staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Resolution Exhibit A MASTER LIST OF EMERGENCY WATER QUALITY PROJECTS Item Fund Description Estimated Cost Actual Cost Variance Four Chemscan Analyzers for treated water 1 Operating $ 150,000 $ 141,300 monitoring at ONSWTP Tank Mixer for Flour Bluff Elevated Storage 2 Operating $ 40,000 $ 41,729 Tank Sampling Program for Elevated and Ground 3 Operating $ 26,000 $ - Storage Tanks 4 Operating Chlorine Dioxide Annual Chemical Costs $ 750,000 $ 735,000 7 Operating Tank Mixer for Navigation GST'Shark Tank' $ - $ 274,000 (moved from CIP#5) TOTAL OPERATIONAL FUNDS $ 970,000 $ 1,192,029 $ (222,029) Chlorine Booster Station at Navigation Pump 5 CIP Station (combined with#5 and moved to $ 150,000 $ 26,000 Operating#7) 6 CIP Chlorine Dioxide System Improvements at $ 850,000 $ 836,193 O.N. Stevens Water Plant 7 CIP Tank Mixers for Navigation and Staples GST $ 250,000 $ 75,000 (moved to Operating as#7) 8 CIP O.N. Stevens Water Plant Pilot Model for $ 300,000 $ 539,561 Granular Activated Carbon 9 CIP Granular Activated Carbon Pilot Study $ 200,000 $ 250,282 IF TOTAL CIP FUNDS $ 1,750,000 $ 1,727,036 $ 22,964 TOTAL OPERATIONAL&CIP FUNDS j $ 2,720,000 j $ 2,919,065 $ (199,065) Resolution amending Resolution 030905 to increase amount authorized for water quality improvements by $199,065 for revised total of $2,919,065. WHEREAS, on July 26, 2016, Resolution 030905 was passed which declared an emergency for the procurement of goods and services necessary for water quality improvement for a combined total amount not to exceed $2,720,000 and authorized the City Manager or designee to execute all documents necessary to purchase the goods and services described in Exhibit A to Resolution 0309095; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That Resolution 039095 is amended to increase the amount of authorized expenditures by $199,065 for a revised combined total amount of $2,919,065. Exhibit A to Resolution 030905 is replaced with the attached Revised Exhibit A. The City Manager or her designee is authorized to execute all documents necessary to purchase the goods and services described in Revised Exhibit A up to a combined total amount of$2,919,065. This Resolution shall be and become effective immediately upon and after its adoption and approval. PASSED AND APPROVED this the day of ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Mayor Joe McComb Rudy Garza Paulette Guajardo Debbie Lindsey-Opel Michael Hunter Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Exhibit A MASTER LIST OF EMERGENCY WATER QUALITY PROJECTS Item Fund Description Estimated Cost Actual Cost Variance 1 Operating Four Chemscan Analyzers for treated water $ 150,000 $ 141,300 monitoring at ONSWTP 2 Operating Tank Mixer for Flour Bluff Elevated Storage $ 40,000 $ 41,729 Tank 3 Operating Sampling Program for Elevated and Ground $ 26,000 $ - Storage Tanks 4 Operating Chlorine Dioxide Annual Chemical Costs $ 750,000 $ 735,000 7 Operating Tank Mixer for Navigation GST'SharkTank' $ - $ 274,000 (moved from CIP#5) TOTAL OPERATIONAL FUNDS $ 970,000 $ 1,192,029 $ (222,029) Chlorine Booster Station at Navigation Pump 5 CIP Station (combined with#5 and moved to $ 150,000 $ 26,000 Operating#7) 6 CIP Chlorine Dioxide System Improvements at $ 850,000 $ 836,193 O.N.Stevens Water Plant 7 CIP Tank Mixers for Navigation and Staples GST $ 250,000 $ 75,000 (moved to Operating as#7) 8 CIP O.N.Stevens Water Plant Pilot Model for $ 300,000 $ 539,561 Granular Activated Carbon 9 CIP Granular Activated Carbon Pilot Study $ 200,000 $ 250,282 TOTAL CIP FUNDS $ 1,750,000 $ 1,727,036 $ 22,964 TOTAL OPERATIONAL&CIP FUNDS $ 2,720,000 $ 2,919,065 $ (199,065) SC AGENDA MEMORANDUM First Reading for the City Council Meeting ofFebruary 27. 2O18 Second Reading for the City Council Meeting ofMarch 2O. 2O18 DATE: February 15. 2O18 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police 880-20O3 CAPTION,Amending the Code of Ordinances to increase alarm permit fees and adopt a new animal care service fee schedule [)RjiDaDCe amending Corpus Christi Code h] increase alarm permit fees; adopting new animal care service fee schedule; and providing for publication These changes will cover administrative costs incurred in the processing of alarm permits FINDINGS:BACKGROUND AND The changes b» the ordinance are: 1. Sec. 3%-2. /d\ - Permit required; fees,The annual, nonrefundable fee for @Oalarm permit i3 ��ydO||@[3 /�5�) fo[ [83id8Od@| @Od 38v8Oty- five dollars ($75) for commercial. The residential fee i3@t the State maximum. 2. City Ordinance 0-15requires afee schedule to be submitted tothe City Secretary annually. The fee schedule isattached. ALTERNATIVES: None CONSIDERATIONS:OTHER Not applicable POLICY:CONFORMITY TO CITY Conforms b» all city policies. EMERGENCY/ . . Non-emergency CLEARANCES:DEPARTMENTAL Line Item Budget Encumbered / Expended Amount This item $232,411 $232,411 $232,411 BALANCE Fund(s): General Comments: RECOMMENDATION: Staff recommends supporting changes to the ordinance and fee schedule. LIST OF SUPPORTING DOCUMENTS: Ordinance Animal Care fee schedule Ordinance amending Corpus Christi Code to increase alarm permit fees; and adopting new animal care service fee schedule Whereas, the City is seeking to increase the percentage of cost recovery per the User Fee Study summary attached in Exhibit A and Exhibit B; Whereas, Texas Local Government Code §214.204 limits municipal alarm permit fees to $50 a year for a residential location; and $250 a year for other alarm system locations; Whereas, Corpus Christi Code of Ordinances §6-15 requires City Council approval of an increase of fees annually by more than 25%; Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The Corpus Christi Code of Ordinance, Chapter 3 1/2, Sec. 31/2-2(d) is amended by adding the following language that is underlined (sddcd) and deleting the language that is stricken (do.11.eted) as delineated below: (d) The annual, nonrefundable fee for an alarm permit is tIhu4y five d442 � 3d ddb d for residential and suxty dcllllars a dd ddb „for commercial. Section 2. The Animal Care Service Fee Schedule attached in Exhibit C is hereby approved by City Council. 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 of this ordinance be given full force and effect for this purpose. Section 5. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Section 6. This ordinance takes effect after official publication. 1 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 Bien 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 Bien 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 TTEST-Rebecca Huerta Joe McComb City Secretary Mayor z User Fee Study Summary Sheet Agenc City of Corpus Christi, Depar Police-Central Records Fiscal 2017 Per Unit Annual Per Unit Annual ®,N il, �,fl, ��I" ,� 1ioii II,,o ioI i i I iloii III,� ® �. nifl�i in m°I IV,�„�N � M„,,;M,,; NEW N io io I@ Oil iii Ilih io „, " m. ' 1 Residential Alarm Permit Fee 10,818 10,818 $ 35 $ 91 39% $ 981,007 $ 378,630 $ 602,377 55% $ 50 $ 539,015 $ 160,385 $ 441,992 2 Commercial Alarm Permit Fee 3,547 3,547 $ 60 $ 91 66% $ 321,652 $ 212,820 $ 108,832 82% $ 75 $ 265,098 $ 52,278 $ 56,554 3 Notary Fee 100 100 $ 5 $ 8 62% $ 806 $ 500 $ 306 100% $ 6 $ 600 $ 100 $ 206 4 Background Checks Fee 825 825 $ 10 $ 7 139% $ 5,919 $ 8,250 $ (2,331) 139% $ 10 $ 8,250 $ - $ (2,331) 5 Fingerprints Fee 670 670 $ 10 $ 5 209% $ 3,205 $ 6,700 $ (3,495) 209% $ 10 $ 6,700 $ - $ (3,495) 7 Non-Fee Related Activities No 1 1 $ - $ 1,787,354 0% $ 1,787,354 $ - $ 1,787,354 0% $ - $ - $ - $ 1,787,354 Total Cost of Unidentified Time $0 $0 $0 $0 Total User Fees $1,312,589 $606,900 $705,689 $819,663 $212,763 $492,926 %of Full Cost 46% 54% 62% 35% 38% Total Other Services $1,787,354 $0 $1,787,354 $0 $0 $1,787,354 %of Full Cost 0% Department Totals $3,099,944 $606,900 $2,493,044 $819,663 $212,763 $2,280,281 %of Full Cost 20% 80% 26% 35% 74% Footnotes 2/14/2018 Exhibit A MGT of America Consulting,LLC Page 1 of 1 User Fee Study Summary Sheet Agenc City of Corpus Christi,Texas Depar An irraI Care Service Center Fiscal 2017 J p ���� Per Unit Annual Per Unit Annual II�� 'OIOISIII VIIIOh�110 Ill, .i Il��rn�� IIIII1III Ii Ih IOIII H�°° lul'r I1I1IIIIIO iIIOIplI H� l � ON E "� �o H� lll u��� ra 1 Reapplication upon denial of reg.or permit 1 - $ 10 $ 57 18% $ 57 $ - $ 57 100% $ 57 $ - $ - $ 57 2 Lic 1 year tag 10,953 10,953 $ 6 $ 5 116% $ 56,888 $ 65,718 $ (8,830) 116% $ 6 $ 65,718 $ - $ (8,830) 3 Lic3 year tag 2,868 2,868 $ 12 $ 5 231% $ 14,896 $ 34,416 $ (19,520) 231% $ 12 $ 34,416 $ - $ (19,520) 4 Replacement oftag 73 73 $ 6 $ 5 116% $ 379 $ 438 $ (59) 232% $ 12 $ 880 $ 442 $ (500) 5 Dangerous dog registration 3 3 $ 50 $ 85 58% $ 256 $ 150 $ 106 94% $ 50 $ 150 $ - $ 106 6 Auctions $ 50 $ 57 88% $ - $ - $ - 100% $ 57 $ - $ - $ 7 Circuses 2 2 $ 50 $ 623 8% $ 1,245 $ 100 $ 1,145 32.10% $ 200 $ 400 $ 300 $ 846 8 Grooming Shops 17 17 $ 50 $ 57 88% $ 969 $ 850 $ 119 100% $ 57 $ 969 $ 119 $ - 9 Guard Dogs-Single dog/single site - - $ 50 $ 57 88% $ - $ - $ - 88% $ 50 $ - $ - $ - 10 Guard Dogs Multiple dogs/single site - - $ 50 $ 57 88% $ - $ - $ - 88% $ 50 $ - $ - $ - 11 Guard Dogs-Multiple sites/one dog - - $ 50 $ 57 88% $ - $ - $ - 88% $ 50 $ - $ - $ - 12 Kennels-Authorized less than 10 animals - - $ 50 $ 57 88% $ - $ - $ - 100% $ 57 $ - $ - $ - 13 Kennels-Authorized between 10 and 50 animals 3 3 $ 50 $ 57 88% $ 171 $ 150 $ 21 100% $ 57 $ 171 $ 21 $ - 14 Kennels-Authorized 51 or more animals 3 3 $ 50 $ 57 88% $ 171 $ 150 $ 21 100% $ 57 $ 171 $ 21 $ - 15 Performing Animal Exhibit 6 6 $ 50 $ 57 88% $ 342 $ 300 $ 42 100% $ 57 $ 342 $ 42 $ - 16 Performing Animal Exh ibition 4 4 $ 50 $ 57 88% $ 228 $ 200 $ 28 100% $ 57 $ 228 $ 28 $ - 17 Pet Stores 12 12 $ 50 $ 57 88% $ 684 $ 600 $ 84 100% $ 57 $ 684 $ 84 $ - 18 Authorized between 10 and 25 horses - - $ 50 $ 57 88% $ - $ - $ - 100% $ 57 $ - $ - $ - 19 Authorized 26 or more horses 4 4 $ 50 $ 57 88% $ 228 $ 200 $ 28 100% $ 57 $ 228 $ 28 $ - 20Impoundment Unregistered/Registered 411 411 $ 25 $ 149 17% $ 61,273 $ 10,275 $ 50,998 20% $ 30 $ 12,255 $ 1,980 $ 49,018 22 Livestock,weighing less than 100 pounds 4 4 $ 25 $ 178 14% $ 710 $ 100 $ 610 17% $ 30 $ 121 $ 21 $ 590 23 Livestock,weighing 100 pounds or more - - $ 25 $ 178 14% $ - $ - $ - 17% $ 30 $ - $ - $ - 24 Second and subsequentimpoundment within 12 months:Animals,ex - - $ 50 $ 149 34% $ - $ - $ - 34% $ 50 $ - $ - $ - 25 Second and subsequent impoundment within 12 months:Animals,ex - - $ 50 $ 149 34% $ - $ - $ - 34% $ 50 $ - $ - $ - 26 Second-Livestock,weighing less than 100 pounds 1 1 $ 50 $ 178 28% $ 178 $ 50 $ 128 28% $ 50 $ 50 $ - $ 128 27 Second-Livestock,weighing 100 pounds or more - - $ 50 $ 178 28% $ - $ - $ - 28% $ 50 $ - $ - $ - 2/14/2018 Exhibit B MGT of America Consulting,LLC Pagel oft User Fee Study Summary Sheet 28 Daily boarding fees(Return to Owner) 47,472 971 $ 10 $ 13 76% $ 625,140 $ 9,710 $ 615,430 100% $ 13 $ 12,787 $ 3,077 $ 612,354 29 Microchip fee(Returnn to Owner) 475 475 $ 10 $ 74 14% $ 35,104 $ 4,750 $ 30,354 20% $ 15 $ 7,021 $ 2,271 $ 28,083 30 Species appropriate vaccination on intake(excludes rabies) 986 986 $ 10 $ 39 26% $ 38,478 $ 9,860 $ 28,618 26% $ 10 $ 9,860 $ - $ 28,618 31 Adoption-Domestic dog or cat 1,767 1,767 $ 25 $ 125 20% $ 220,881 $ 44,175 $ 176,706 20% $ 25 $ 44,175 $ - $ 176,706 32 Rental fee for small traps-over 55 Free 172 172 $ 10 $ 85 12% $ 14,705 $ 1,720 $ 12,985 58% $ 50 $ 8,529 $ 6,809 $ 6,176 33 Animal head shipment 60 60 $ 75 $ 178 42% $ 10,659 $ 4,500 $ 6,159 85% $ 150 $ 9,007 $ 4,507 $ 1,652 34 Quarantine fee of domestic animal 1,531 1,531 $ 20 $ 68 30% $ 103,366 $ 30,620 $ 72,746 89% $ 20 $ 30,620 $ - $ 72,746 35 Non-Fee related activities 1 - $ - $ 1,916,065 0% $ 1,916,065 $ - $ 1,916,065 0% $ - $ - $ - $ 1,916,065 Total Cost of Unidentified Time $0 $0 $0 $0 Total User Fees $1,187,009 $219,032 $967,977 $238,780 $19,748 $948,230 %of Full Cost 18% 82% 20% 9% 80% Total Other Services $1,916,065 $0 $1,916,065 $0 $0 $1,916,065 of Full Cost 0% Department Totals $3,103,075 $219,032 $2,884,043 $238,780 $19,748 $2,864,295 %of Full Cost 7% 93% 8% 9% 92% Footnotes 2/14/2018 MGT of America Consulting,LLC Page 2 of 2 CITY OF CORPUS CHRISTI Animal Care Services Fee Schedule for Fiscal Year 2017-2018 MA Rea lication a on denial of re4. or ermit 10.00 57.00 Each dog or cat lyr vaccine 6.00 6.00 Each dog or cat 3yr vaccine 12.00 12.00 IN, 11,51 �NO,ROOM QN(WRIANIM IJWAW�l Replacement of taa 6.00 12.00 Dangerous dog registration *50.00 *50.00 * Set by §822.043 Health and Safet Code r Auctions 50.00 57.00 Circuses 50.00 200.00 Grooming Shops 50.00 57.00 Guard Dogs - Single dog/Multiple 50.00 50.00 dogs/Single site/Multiple sites Kennels 50.00 57.00 Performing Animal Exhibit/Exhibition 50.00 57.00 Pet Stores 50.00 57.00 Horse Stables 50.00 57.00 Unregistered animal, excluding livestock 25.00 30.00 Registered animal, excluding livestock 25.00 30.00 Livestock 25.00 30.00 Second and subsequent impoundment within 50.00 50.00 12 months: Animals, excluding livestock- Second and subsequent impoundment within 50.00 50.00 12 months: - Livestock Daily boarding fees Return to Owner 10.00 13.00 Rabies vaccine fee Return to Owner 10.00 10.00 Microchip fee Return to Owner 10.00 15.00 Species appropriate vaccination on intake 10.00 10.00 excludes rabies Return to Owner Domestic dog or cat *25.00 *25.00 *For animals over 6 months old and in good health- 1 Exhibit C Includes spay/neuter,microchip,rabies vaccination, cit license if a licable 1 51Rental fee for small traps 10.00 50.00 Lost, stolen, or damaged trap 75.00 75.00 Dead Animal Pickup for each animal *5.00 *Dead Animal Pickup is performed by Solid Waste Services Animal head shipment—stray animal 75.00 150.00 Animal head shipment—owned animal 75.00 150.00 Quarantine fee of domestic animal 20.00 per day 20.00 per day 10.00 microchip 10.00 microchip *This fee will be in addition to impound,microchip, 8:00 rabies 8:00 rabies license,and rabies vaccination fees. 6.00 city lic 6.00 city lic 10.00 for additional 10.00 for additional days days over 10 over 10 y� Spay/neuter clinic fees 50.00 50.00 *ACS no longer runs a public spay/neuter clinic to the general public. All associated fees should be deleted. Targeted Spay/neuter clinic fees n/a n/a *Charging grant for surgery/vaccination package within a targeted area. These fees are effective upon city council's approval pursuant to Chapter 6, Section 15 of the Corpus Christi Code and shall remain in effect until a successive schedule is approved. Such fees may not increase annually by more than twenty-five (25)percent nor may new fees be created without city council's approval by motion or resolution. 2 CITY OF CORPUS CHRISTI Animal Care Services Fee Schedule for Fiscal Year 2017-2018 EM Reapplication upon denial of reg. or permit 10.00 57.00 19, 11,ffir ,i ,01 WA,FEMUR'91, 01 WFIffluffim Each dog or cat lyr vaccine 6.00 6.00 Each dog or cat 3yr vaccine 12.00 12.00 10, 11,Wr W1911 WWRISF �� Replacement of tag 6.00 12.00 10, 11,Wiffilm' Fal 19,0140111011,011A, VNUFMM�� Dangerous dog registration *50.00 *50.00 * Set by §822.043 Health and Safety Code i Auctions 50.00 57.00 Circuses 50.00 200.00 Grooming Shops 50.00 57.00 Guard Dogs - Single dog/Multiple 50.00 50.00 dogs/Single site/Multiple sites Kennels 50.00 57.00 Performing Animal Exhibit/Exhibition 50.00 57.00 Pet Stores 50.00 57.00 Horse Stables 50.00 57.00 19, ; , Unregistered animal, excluding livestock 25.00 30.00 Registered animal, excluding livestock 25.00 30.00 Livestock 25.00 30.00 Second and subsequent impoundment within 50.00 50.00 12 months: Animals, excluding livestock- Second and subsequent impoundment within 50.00 50.00 12 months: - Livestock t Daily boarding fees (Return to Owner) 10.00 13.00 Rabies vaccine fee (Return to Owner) 10.00 10.00 Microchip fee (Return to Owner) 10.00 15.00 Species appropriate vaccination on intake 10.00 10.00 excludes rabies Return to Owner Domestic dog or cat *25.00 *25.00 *For animals over 6 months old and in good health- 1 Includes spay/neuter,microchip,rabies vaccination, cit license(if a licable) � Rental fee for small traps 10.00 50.00 Lost, stolen, or damaged trap 75.00 75.00 Dead Animal Pickup for each animal *5.00 *Dead Animal Pickup is performed by Solid Waste Services IMM!�I MR Animal head shipment—stray animal 75.00 150.00 Animal head shipment—owned animal 75.00 150.00 Quarantine fee of domestic animal 20.00 per day 20.00 per day 10.00 microchip 10.00 microchip *This fee will be in addition to impound,microchip, 8:00 rabies 8:00 rabies license,and rabies vaccination fees. 6.00 city lic 6.00 city lic 10.00 for additional 10.00 for additional days days over 10 over 10 Spay/neuter clinic fees 50.00 50.00 *ACS no longer runs a public spay/neuter clinic to the general public. All associated fees should be deleted. Targeted Spay/neuter clinic fees n/a n/a *Charging grant for surgery/vaccination package within a targeted area. These fees are effective upon city council's approval pursuant to Chapter 6, Section 15 of the Corpus Christi Code and shall remain in effect until a successive schedule is approved. Such fees may not increase annually by more than twenty-five (25)percent nor may new fees be created without city council's approval by motion or resolution. 2 SC o� � AGENDA MEMORANDUM First Reading Item for the City Council Meeting of(2/27/18) NORPgRP�ESecond ReadingItem for the Cit Council Meeting of 3/20/18 1852 Y 9 ( ) DATE: February 21, 2018 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief RRocha@cctexas.com 361-826-3900 Emergency Medical Services (EMS) Recommended Fee Changes CAPTION: Ordinance amending Corpus Christi Code to adopt ambulance rates schedule and to increase ambulance service permitting fees PURPOSE: The purpose of this item is to approve amending Article 4, Chapter 57 of the Code of Ordinances, City of Corpus Christi, relating to the fees charged for ambulance and emergency medical services. BACKGROUND AND FINDINGS: Throughout 2017, the City or Corpus Christi and MGT of American Consulting Group conducted a User Fee Study of the Corpus Christi Fire Department's Emergency Medical Service fees. A summary of the findings from the study were presented to City Council in December 2017. The Fire Department conducted a fee study and fees were amended in 2009. Since the most recent fee study conducted by MGT, it was discovered that the Fire Department could earn up to an additional $3,298,117.34 in revenue per fiscal year with an upwards fee adjustment of only five service fees and the creation of three additional fees. If the ordinance is amended, the Fire Department will remove 57 of the 60 supplemental fees (see list attached) and replace them with an increased base rate fee for transport of$1,386. The current average billed amount per transport is $1,100, which includes an itemization of all fees. This means that, on average, bills will only increase by approximately $286. Other fee changes include increasing the fee for no transport by $25 dollars and increasing the hourly rate for oxygen by $10. Currently, the Fire Department administers the Ambulance Operating Permits for all private ambulance operators. This entails inspection of ambulances for compliance of Department of Health & Human Services regulations as well as granting Operator (Business) and Driver permits. The recommended change in fees represents actual costs for providing this service. In order to maintain an updated fee schedule, the department is also proposing an annual minimum fee adjustment based on South Region CPI-U for Medical Care (min. 1%, max 5%). ALTERNATIVES: Council may choose not to approve ordinance amendments. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conformity with City Ordinance EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Fire Legal Budget FINANCIAL IMPACT: ❑ Operating x Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $6,000,000.00 $6,000,000.00 $12,000,000.00 Encumbered / Expended Amount This item $1,649,058.67* $3,298,117.34 $4,947,176.01 BALANCE $7,649,058.67 $9,298,117.34 $16,947,176.01 Fund(s): General Fund Comments: Potential revenue increases are based on MGT projections. Staff is apprehensive to represent such a great increase in potential revenue. However, we are cautiously optimistic that the fee increases may result in a slight increase in revenue. Because we have no historical reference, we cannot provide assurance. *Represents pro-rated revenue increase assuming collection of new fees beginning April 1, 2018 through the remaining 6 months in the FY18 fiscal year. RECOMMENDATION: Staff recommends approving this amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending Corpus Christi Code to adopt ambulance rates schedule and to increase ambulance service permitting fees WHEREAS, the City is seeking to increase the percentage of cost recovery per the User Fee Study summary attached in Exhibit A; Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The Corpus Christi Code of Ordinance, Chapter 18, Section 20 is amended by adding the following language that is underlined O and deleting the language that is stricken ( e'e�) as delineated below: Sec. 18-20. - Ambulance rates. .s............................... ..n7.by. ...a.n..c.e.... . ..to........ .. h.ed. y.l.eimlogllsun c ii,ales fou,cuncu .c.n. ne6call ervv c .a. ......y....................................................................................... IInsIIII Igoe dharged ng!:s: . sni .to illnc Aimbdance Il: sic Sdhedde IIle lunliilisll u Il":s."Ilsun c Il: sic Ilnc ".IIIc IiIIII I:sc s My,2 .2 Iii Ccs. un fill sunk a Il:sc lillc liilln illnc Clil 2 u�elgu II lc a ll�:s�.�Ilsn c Il: sic Ilheddlc u s I22 glngod2d ncu' illnc 2'ovis 110 ills of ols Cllnnn ter and sudh aimended sdiedde amusl Iloe lfIillc liilln n olls secLon, "con girncu nu lice index" a'neans illnc snnua�s anuli c m.Aln I: eglon Con urner II:°"u li c index .for XI Urban Consurners for II e6cgI. sre as pgII�:sIIIsIhed IIoy iIInc .fc craII II:Iwreau of If....sIbor StaLstics ("l(2)-Lly Year In wIhldh illnc consurner nuji c index increases IIo [ngL2 illnsn 1% ful illnc 2u'evious y2gu,, lb2 Il::liuc II::: cnsu a coni May gdg§[ IIlnc rates in illnc Aimbdance I: sic IlhedgIe IIoy sun su c . uni c �. sII jo illnc snnua�s Ilnsun . c in illnc consurner nodi c index umbdlsun c Il: sic Sdhedde ad �:I§trnenls sIlaII-nolexceed % in s §ng2 29L god §IhaII nol Iloe s . :I§te a ore often illnsn snnga� II ...II.b!2 glily a rns . cu' lis wAhoijzed to c isbllli lln Ilnsu . cs:, nol is exceed illnc ucs cunsll":sllc c i c illnc cu�ii c cu,111 cillncu �:Ip,pjcu cuni!su cu�li c Iln as 2!2yyi Iiun . gs]d:s egglpu'neot and crews at nc lisp events and siicun 'in .II" .sip ..ii..o..2..... :p. :ji"d.dd..:. w lb� :flaRGe wmics for...onnoroun ....nnodiGaiFVu oG9 shafl be diarged..as f44ews, 1 20 SIpii6 OF ItWll- Spe (1) :::::AMS 911 base rate raRSIl u (2) SMS 11.. base a ate..._. � rain Ipoir �...� ................ ( ) AdeiirioslRe (4) Aflq :Aeiro� r IIDaR ..................... ............................. .......................... ........................................................................... ................ .............. ....................... ............................................. .......................................................................................................... ................ (..14) B urR SI199t ................ ................ .............. �... ................ (I g) De!kbir�fla!boiiri Dads 40:00 2 Dextrs I ....... (24( XG .ROR 12 dead ............................. ................ ...................................................................................................... (23) EiiridatFad;94 t499 ............................. ................ ....................................................................................................................................................................... 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(34) 11,412 45040 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 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(45) orima 'a IlRe ............................................................................................................................................................................................................................................................................................................................................................................................................................................................. � u uw 4 .................................................................................. (49) Qqstetr�Ga� 12:00 ............................. ................ (. 9 ) 04 a��Fway ................................................................................. 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IW M941 .� ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................... .............................. ...................... .......... ................. 4 o . u .. (1) �ing.o..mn�leage Ghargo of fift9en doillaIRS ($ Il9 9 112..rn e fuounn pato ouni ino .... S p Ilgoc 11 to the hcspa4I..,. O I 1rGv4wng..-o foo :Gr 111296inown ' 1Rg to....a unno �ooi alarrn...- in Gh �s o..rna4: unot�own, wno ouno at hounn�o�, uno o�wno �1111.:4u2 ' S.Xty d44126 ($ 00).. ( ) i 11 o�ni uwng..o. Ghali po Gf ouno in6tldl2o i eR fu s ii .0 ($125:00) for.ow now owno u .o .ii oo.i.....s e F`vi.c S PF9`vd9d....to....wn o wn.-Fe G lkJe Rt.G.. ) an ne....oity ge �ornaRar � ... :4lnounzo .. o estaNlSIh odlhal2g96, unot....to o. .000 he uoosownoNo oost ef inwou #un2 the sowv`�oo, f012 sUininiownnowntow �ou �ooG ..��Aoin as prGvc �un5.. staridby...equprner# own ' Grews ....at 6Il99o4l ...9VeRts... own ....oiioun Rg t1124l wn.i.iin.5....00.U.F 6.96.. ( ) IrGvl4ung...o GhaFgo of...feii4y.five niollkirs ($4 ) for....ad4t4innll peFsoununoll WheR unoo .o ....:io....{In.ii2o. .i. .o....{pn i.ii.o.wn.t....GaFe... 44wn.5t.uaRGS.1190.F4.. (o).... PVIP SAI of ohavo P .... II he . orlp: :jsin ,sj,u EMS arnb� llownoo ..6.9FV�oo.. rates Ilia ll l99 1129Vi9W9d o.o Re9d9d io det&1441lethe wnoo for adjUSiw eRtSj., Section 2. The Ambulance Rate Schedule attached in Exhibit B is hereby approved by City Council. Section 3. In reference to the ambulance operator permit fee, the Corpus Christi Code of Ordinance, Chapter 57, Section 172(b) is amended by adding the following language that is underlined (oo ) and deleting the language that is stricken ( e'e�) as delineated below: (b) Operators that do not desire, by written declaration, to be listed on the city's emergency call list shall submit an application accompanied by a permit fee of oiino ins. Rdre 'oillaFs ($400:00) $E4, plus weri y-fii o d4kirs .($25.00) for each ambulance requested to be permitted. Permit fees and ambulance fees are not refundable. Section 4. In reference to the ambulance reinspection fee, the Corpus Christi Code of Ordinance, Chapter 57, Section 175(c) is amended by adding the following language 5 that is underlined ( dod) and deleting the language that is stricken ( e'e�) as delineated below: (c) A permittee that causes the removal, during the permit term, of any ambulance from the approved ambulance list on the permit, pursuant to section 57-175(b), may request the permit officer to reinspect the ambulance and return said ambulance to active service. The reinspection request must be in writing � .... I4aiic.. x,25:00. � „ reinspection and shall be accompanied by a � w�:� � fee. The permit officer shall reinspect the ambulance within ten (10) days of receipt of such request and payment. An ambulance that meets the requirements of section 57-174 upon reinspection shall be added to the approved ambulance list on the permit. 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. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Section 7. This ordinance takes effect upon publication. 6 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 User Fee Study Summary Sheet Agenc City of Corpus Christi,Texas Depar Fire-Fire Stations 12010 Fiscal2017 Per Unit Annual Per Unit Annual 1 p11 ,. ,,,:: u 1 iii... .. 111". - U .. II,. . a o � .° . .a . ., >:::, j•> w �, IIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1011111 rim�0 11 i� IIII IIP .If^ III l IN.N. III111H.1.11"'.. IIII�O������, ,,,111, �0�0 IIIIIIIIIIIII���II�0 0� .�;..t IIIII�I��111�0 ii 0 0� Illlllll.n.:. N.... IIIIIIIIIIIII.�...... I I Illlll.n.:. N...:... IIIIII ;:.N. 1 EMS911 Base Rate-Transport Fee 21,223 21,223 $ 800 $ 1,384.73 58% $ 29,388,125 $ 4,383,004 $ 25,005,121 t00% $ 1,385 $ 7,586,596 $ 3,203,592 $ 21,801,529 2 EMS 911 Base Rate-No Transport Fee 14,786 14,786 $ 125 $ 902.19 14% $ 13,339,830 $ 477,129 $ 12,862,701 17% $ 150 $ 571,654 $ 94,525 $ 12,768,176 3 Mileage per mile 156,403 156,403 $ 15.00 $ 4.49 334% $ 701,940 $ 605,636 $ 96,304 334% $ 15.00 $ 605,636 $ - $ 96,304 4 False Alarm-Medical Emergency per false alarm 307 307 $ 60 $ 437.53 14% $ 134,321 $ 4,755 $ 129,566 14% $ 60 $ 4,755 $ - $ 129,566 5 Non-Resident Medical Services Fee 1,537 1,537 $ 125 $ - 0% $ - $ 49,597 $ (49,597) 100% $ - $ - $ (49,597) $ - 6 Fire Suppression Non Fee 989 989 $ - $ 5,548.24 0% $ 5,487,207 $ - $ 5,487,207 0% $ - $ - $ - $ 5,487,207 7 Fire/EMS Readiness Support 1 1 $ - $ - D% $ - $ - $ - D% $ - $ - $ - $ - 8Additional Personnel Fee additional fee 2,670 2,670 $ 45 $ - 0% $ - $ 31,017 $ (31,017) 0% $ - $ - $ (31,017) $ - 9Out of City Limits Calls Fire Calls plus$5 a mile 4 4 $ 350 $ 4,489.20 8% $ 17,957 $ 361 $ 17,595 8% $ 350 $ 361 $ - $ 17,595 10 0ut of City Limits Calls First Responder plus$5 a mile 15 15 $ 350 $ 1,018.42 34% $ 15,276 $ 1,355 $ 13,921 34% $ 350 $ 1,355 $ - $ 13,921 11 Out of City Ambulance Response Fee 16 16 $ - $ 1,483.75 0% $ 23,740 $ - $ 23,740 0% $ - $ - $ - $ 23,740 12 Hazmat Fee-Post Vehicle Accident C"Fee 4,888 4,888 $ - $ 683.76 0% $ 3,342,196 $ - $ 3,342,196 0% $ - $ - $ - $ 3,342,196 13 Hazmat Response Call Fee 616 616 $ - $ 893.60 0% $ 550,457 $ - $ 550,457 0% $ - $ - $ - $ 550,457 14 Skilled Nursing Facility Responses Fee 1,270 1,270 $ - $ 507.90 0% $ 645,033 $ - $ 645,033 49% $ 250 $ 317,356 $ 317,356 $ 327,677 15 Ambulance Operator Fee Fee 8 8 $ 100 $ 375.05 27% $ 3,000 $ 207 $ 2,794 100% $ 374 $ 2,994 $ 2,788 $ 6 16 Ambulance Inspection Fee per unit 38 38 $ 25 $ 73.70 34% $ 2,801 $ 245 $ 2,556 101% $ 74 $ 2,829 $ 2,584 $ (28) 17 Ambulance Attendant(Driver) per driver 133 133 $ 25 $ 25.66 97% $ 3,412 $ 858 $ 2,554 99% $ 25 $ 3,382 $ 2,523 $ 31 18 Fire Hydrant Inspection/Maint Fee 11,121 11,121 $ - $ 171.31 0% $ 1,905,145 $ - $ 1,905,145 0% $ - $ - $ - $ 1,905,145 19 CDC Responses Fee 172 172 $ - $ 349.19 0% $ 60,061 $ - $ 60,061 72% $ 250 $ 42,943 $ 42,943 $ 17,117 20 Medical Supply Costs Not Analyzed 1 1 $ - $ 594,951 0% $ 594,951 $ - $ 594,951 0% $ - $ - $ - $ 594,951 2/21/2018 Exhibit A MGT of America Consulting,LLC Page 1 of 2 User Fee Study Summary Sheet Total Costof Unidentified Time -$3 $0 -$3 -$3 Total User Fees $50,133,293 $5,554,165 $44,579,129 $9,139,862 $3,585,697 $40,993,432 %of Full Cost 11% 89% 18% 65% 82% Total Other Services $6,082,155 $0 $6,082,155 $0 $0 $6,082,155 of Full Cost 0% Department Totals $56,215,448 $5,554,165 $50,661,284 $9,139,862 $3,585,697 $47,075,587 %of Full Cost 10% 90% 16% 65% 84% Footnotes 2/21/2018 MGT of America Consulting,LLC Page 2 of 2 Ambulance Fates Schedule' Effective March ; 2018 Fee Per Service or item 8,ervite, or Item (1) EMS 911 base rate - Transport $1,385.00 (2) EMS 911 base rate - No transport $150.00 (3) Oxygen $45.00 ........... (4) Advance Life Support (ALS) Routine Disposables $50.00 ............................................................ ..................................... .... ........ ................................. .................................................. ........................................ (5) Basic Life Support (BLS) Routine Disposables $25.00 Supplementary charges: (1) Providing a mileage charge of fifteen dollars ($15.00) per mile from patient pick-up point to the hospital. (2) Providing a fee for responding to a medical alarm which is a malfunction, no one at home, no one injured, sixty dollars ($60.00). (3) Providing a charge of one hundred twenty-five dollars ($125.00) for emergency medical services provided to non-residents. (4) Providing a charge of $45.00 for each additional personnel when needed to provide patient care during transport. (5) Providing a charge to the facility of$250 for Fire Department response to skilled nursing facilty for the pick-up of a resident that does not require transport to a hospital. Exhibit B s' r Fire Department Emergency Medical Services - Recommended Fee Changes « Council Presentation February 27, 2018 EMS Fees Changes ' Recommended Fee Changes and Current Proposed Additions 1 EMS 911 base rate - Transport * 800 ** 1,386.00 2 EMS 911 base rate - No transport 125.00 150.00 3 Oxyge n (Pe r Hou r) 35.00 45.00 4 Ambulance Operator Fee 100.00 374.00 5 Ambulance Inspection Fee 25.00 74.00 6 Skilled Nursing Facility Responses - 250.00 7 BLS Routine Disposables - 25.00 8 ALS Routine Disposables - 50.00 * Does not include the itemized charges currently in ordinance ** Includes actual cost of EMS supplies in the fee. Only Medicare/Medicaid allowables will be added. EMS Fee Escalation • Annual escalation of EMS related fees • Based on South Region CPI-U for Medical Care • Annually adjusted by percent change • Minimum: 1% • Cap: 5% • True costs reviewed and adjusted approximately every 5 yea rs SC v NCpgPOpp(EO AGENDA MEMORANDUM 1852 Future Agenda Item for the City Council Meeting of February 27, 2018 Action Agenda Item for the City Council Meeting of March 20, 2018 DATE: 2/8/2018 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director of Parks and Recreation JavII cctexas.com; 361-826-3464 Fiscal Year 2017-2018 Parks and Recreation fees CAPTION: Resolution amending and adding new parks and recreational use fees. PURPOSE: Approve proposed new fees or fees increasing by more than 25% for FY17-18. BACKGROUND AND FINDINGS: All new fees and fee increases have been included in the FY17-18 proposed budget as revenue and will be in effect upon City Council approval. The Parks and Recreation department has 330 fees. 120 fees have no changes for 2018. 59 fees (proposed here) are new fees as well as 27 fees have increases higher than 25%. In addition, 124 fees (under 25%) have been adjusted by the City Manager for 2018. In accordance with the recent fee study done by the Office of Budget & Management, fee increases for Parks & Recreation services will be increased over the next five years. Fee increases will assist the department in providing a higher percentage of self-operation. Current self-support is at approximately 35%. New fees were added to our Aquatics Program, Section 2. These fees include Red Cross classes for CPR/First Aid, lifeguard recertification, and water safety instructor recertification. Other various fees were added for monthly, long term team practice reservations. New programming fees related to the Oso Bay Wetland Preserve, Section 6, have been added as the facility continues to grow in popularity. In addition, a new winter camp was added for ages 5-11. Fee increases are needed to continue to provide services at their optimum level and to allow us to provide self-support to off-set operating costs. The new fees and fee increases will be monitored for the remainder of this fiscal year and will be incorporated into the 2018 — 2019 Proposed Budget. ALTERNATIVES: Do not approve resolution. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must approve all new fees, and fee increases by more than 25%. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X 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 $34,378 $68,755 $103,133 BALANCE Fund(s): General Fund Comments: RECOMMENDATION: Approve the proposed resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Parks & Recreation: FY 2017-18 Fee Study Recommendations Exhibit A— FY17 New Fees, Fees Increasing More than 25% Resolution amending and adding new parks and recreational use fees Whereas, Section 36-7 of the Code of Ordinances requires City Council approval, by motion or resolution, for creation of any new user fees, or increases of existing user fees by more than 25 percent, for parks and recreation department facility use; Whereas, the City is seeking to increase the percentage of Park& Recreation department cost recovery per the User Fee Study Recommendations summary; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council approves new user fees, or increases in existing user fees by more than 25 percent, for Parks and Recreation Department recreational use fees as shown in Exhibit A attached. Section 2. This resolution is effective after official publication. Section 3. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. Section 4. The City Council intends that every section, paragraph, subdivision, phrase, word and provision of this resolution be given full force and effect for its purpose. If any section, paragraph, subdivision, clause, phrase,word or provision of this resolution is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this resolution. 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 � lu u ii1j AR N Parks & Recreation Department Recreation Fees & Charges Council Presentation February 27, 2018 yE Recreation Fees & Charges 1411, f 3nW Ordinance Chapter 7, Sec 36-7 Recreation fees and charges • Director shall prepare a list of recreation fees and charges for public use of city-owned facilities. • This schedule of fees and charges shall be submitted to the city manager for approval, and be reviewed on an annual basis. • Fees shall not increase annually by more than 25% without city council's approval by motion or resolution. • Fees for organized youth activities shall not exceed a level which would recover 40% of the estimated total cost. • Nor shall new fees be created without city council's approval. � lr Recreation Fees & Charges Included are those fees that are over the 25% threshold, also included are new fees. :u Recreation Fees & Charges "t�� �°'�r PWMWN Athletics • Youth Athletic Events Combination - • Athletic Field Rentals Increase > 25% & New • Youth Sports Camps Aquatics • General Admission Combination - • Punch Card Increase > 25% & New • City Swim Leagues • Splash Parties • Instruction Fees Recreation • Rentals Increase > 25% Centers �d t Recreation Fees & Charges N'`^ Oso Bay • Winter Camp Combination - Wetland • Classes & Programs Mostly New & Preserve • Parties Increase > 25% Park & • Water's Edge parks & All New Facility amenities Rentals Youth • Summer Recreation New Program Program Recreation Fees & Charges Special • Permits & Increase > 25% Services Miscellaneous • Special Event clean- up deposit 6 Questions from Park Fans l Parks and Recreation Department Exhibit A DESCRIPTION Current Fee Proposed FY17-18 Inc>25%or New Section 1.ATHLETICS B. Youth Athletic Events: Volleyball-regular season $ 175.00 per team per season $ 350.00 per team per season 100.0% Basketball Regular Season Late registration fee $ 15.00 per child $ 25.00 per child 66.7% D. Athletic Field Rentals Dick Runyan/Paul Jones Adult Rental fee per field $ 55.00 per hour $ 75.00 per hour 36.4% Adult Tournament/Camp Rentals fee per day $ 30.00 per hr per field $ 50.00 per hr per field 66.7% Staff Utility and Building Fee $ 20.00 per hour,when lights are used NEW Greenwood Softball Complex Staff Utility and Building Fee $ 20.00 per hour,when lights are used NEW Salinas Multipurpose Complex Multiple teams/multiple tourney rental fee with more than 40 teams $ 100.00 per day per field $ 150.00 per day per field 50.0% Multiple teams rental fee with more than 40 teams $ 150.00 per day per field $ 200.00 per day per field 33.3% Staff Utility and Building Fee $ 20.00 per hour,when lights are used NEW H. Youth Sports Camps(Instructor/City portions) Speed&Agility $ 65.00 NEW Sports&Splash(M-F;9-4pm) $ 100.00 NEW Section 2.AQUATICS A. General Admission Adults 18-59 $ 3.00 each $ 4.00 each 33.3% Seniors 60&over(all pools) $ 1.25 each $ 3.00 each 140.0% B. Punch Card(11 admissions) Youth $ 10.00 each $ 20.00 each 100.0% Adult $ 30.00 each $ 40.00 each 33.3% Senior $ 12.50 each $ 25.00 each 100.0% Seasonal Swim Passes(Spring,Summer&Fall") Adult $ 135.00 each $ 200.00 each 48.1% Senior $ 90.00 each $ 175.00 each 94.4% U.S.Swim Team Member(per season-short&long course) Youth $ 95.00 each $ 125.00 each 31.6% C. City Swim Leagues TAAF Regional Swim Meet $ 7.00 each $ 10.00 each 42.9% TAAF Regional Swim Meet(relay) $ 14.00 each $ 20.00 each 42.9% City Championship Swim Meet(relay) $ 10.00 each $ 20.00 each 100.0% F. Splash Parties-2 hours-RESTRUCTURED Oso Pool 1 -50 people $ 200.00 $ 250.00 25.0% additional 1 -50 people $ 50.00 NEW during General Swim(up to 25 people) $ 50.00 $ 60.00 20.0% Collier,Greenwood,HEB Pools,Natatorium,and West Guth 1 -50 people $ 300.00 $ 300.00 0.0% additional 1 -50 people $ 50.00 NEW during General Swim(up to 25 people) $ 125.00 $ 150.00 20.0% M. Swimming Pool Instruction Fees Red Cross Classes Red Cross CPR/First Aid/AED Certification Class $ 65.00 NEW Lifeguard Re-Certification Course $ 50.00 NEW Section 4.RECREATION CENTER RENTALS Staff Utility and Building Fee Additional hour rate for all facilities $ 35.00 $ 55.00 57.1% Deposit for all facilities $ 100.00 $ 150.00 50.0% Section 5. OSO BAY WETLAND PRESERVE B. Winter Camp-M-Th 9a-12-,5-11 year olds $ 99.00 NEW C. Yoga classes(4 classes) $ 30.00 per family $ 40.00 per family 33.3% Nature&Crafts $ 5.00 NEW Birthday Parties $ 190.00 NEW Family Field Investigations $ 5.00 NEW Girl Scout Programs $ 10.00 NEW 1 Parks and Recreation Department Exhibit A DESCRIPTION Current Fee Proposed FY17-18 Inc>25%or New Section 6. PARK AND FACILITY RENTALS C.The Water's Edge McCaughan Park $ 150.00 5 hours NEW Additional hour $ 30.00 per hour NEW Non profit rate $ 120.00 5 hours NEW Non profit additional hour $ 24.00 per hour NEW McCaughan Park-Multi Purpose Slab $ 50.00 5 hours NEW Additional hour $ 10.00 per hour NEW Non profit rate $ 40.00 5 hours NEW Non profit additional hour $ 8.00 per hour NEW McCaughan Park-Parking Lot $ 75.00 5 hours NEW Additional hour $ 15.00 per hour NEW Non profit rate $ 60.00 5 hours NEW Non profit additional hour $ 12.00 per hour NEW The Great Lawn $ 500.00 5 hours NEW Additional hour $ 100.00 per hour NEW Non profit rate $ 400.00 5 hours NEW Non profit additional hour $ 80.00 per hour NEW The Great Lawn Parking Lot $ 200.00 5 hours NEW Additional hour $ 40.00 per hour NEW Non profit rate $ 160.00 5 hours NEW Non profit additional hour $ 32.00 per hour NEW Sherrill Park $ 150.00 5 hours NEW Additional hour $ 30.00 per hour NEW Non profit rate $ 120.00 5 hours NEW Non profit additional hour $ 24.00 per hour NEW Old Shoreline Road Bed $ 500.00 5 hours NEW Additional hour $ 100.00 per hour NEW Non profit rate $ 400.00 5 hours NEW Non profit additional hour $ 80.00 per hour NEW McGee Beach $ 200.00 5 hours NEW Additional hour $ 40.00 per hour NEW Non profit rate $ 160.00 5 hours NEW Non profit additional hour $ 32.00 per hour NEW McGee Beach Pier $ 150.00 5 hours NEW Additional hour $ 30.00 per hour NEW Non profit rate $ 120.00 5 hours NEW Non profit additional hour $ 24.00 per hour NEW Entire Park $1,500.00 5 hours NEW Additional hour $ 300.00 per hour NEW Non profit rate $1,200.00 5 hours NEW Non profit additional hour $ 240.00 per hour NEW Old City Hall Park $ 150.00 5 hours NEW Additional hour $ 30.00 per hour NEW Non profit rate $ 120.00 5 hours NEW Non profit additional hour $ 24.00 per hour NEW Section 8. YOUTH PROGRAM A. Summer Recreation Program(drop in) Monday-Friday,11 a-4p(8 weeks) $ 25.00 NEW Section 10. SPECIAL SERVICES A. Permits and Miscellaneous Small Special Event clean-up deposit $ 250.00 $1,000.00 300.0% Medium Special Event clean-up deposit $ 500.00 $2,000.00 300.0% Large Special Event clean-up deposit $1,000.00 $4,000.00 300.0% z Sl::.:CT10114 H. USIE'R F El SUMMAIMES BY DEMIRTMEN1 11DWOON Parks&Recreation: FY 2017-18 Fee Study Recommendations ........... Current Fee Type Service Name Recovery Yearl Year2 Year Year Year -- ---- 25% Admissions 13% 15% 20% 20% 20% 25% Rentals 6% 15% 20% 30% 40% 50% Instruction Fees 15% 20% 20% 20% 20% 25% Adults 10% 30% 50% 70% 90% 90% 40% Youth 26% 30% 35% 40% 40% 40% 54% 60% 70% 80% 90% 100% ATHLETICS Youth League Leases 0% 20% 30% 40% % 0% SO '0% ]E 509% 50%F:��50% Tennis Court Fees 43% 45% 45%- 5% ED/ Tennis Pro Shop 5%M rw. 540 5% After School 88% 100% 100% 100% 100% 100% LATCHKEY Summer 59% 100% 100% 100% 100% 100% Vacation Station 20% 100% 100® 100% 100% 100% 750—BAY WETLAND Oso Bay Wetland Preserve 11% 15% 20% 20% 20% 25% 65% HERITAGE Facility Rentals 35% 40% 50% 50%— 50% PARK Special Services:Permits&Camping 51% 60% 60% 65% 65% 70% ]Facility RECREATION Tj 30% E ECREATION Rentals 21% 25% 25% 30% 30%— CENTERS Fee-based Programs 6% 10% 10% 15% 15% 15% ERentals 39% 45% 50% 55% 60% 65% TERS Fee Split: Specialist&C�iity 65/35% 13% 15% 18% 20% 25% 25%1 C�ty of C 0�pus(�!N V�u, 1��<,js* 1,1oveinbeir 20 17 Uso Fee Study� 111, himfl Rep:mrk P a g 0 I IS MGT .1 11 �o�q g h L 2 01�7�I G I' C o u rs 111 tl t"11 g,u;aranuupr 401 riCllrua in.S c^T V 12 1!�L Se o� A AGENDA MEMORANDUM Future Item for the City Council Meeting of(2/27/18) NORPgRP�EAction Item for the Cit Council Meeting of 3/20/18 1852 Y 9 ( ) DATE: February 21, 2018 TO: Margie C. Rose, City Manager FROM: Laura Z. Garcia, Library Director lauraga@cctexas.com (361) 826-7070 Amending the Code of Ordinances regarding Library fees to increase the photocopy fee CAPTION: Ordinance amending section 2-79 of the code of ordinances regarding library fees to increase the photocopy fee and provision for administrative fee increases. PURPOSE: Increase copy machine and computer printout fees from $.15 per sheet to $.30 per sheet. BACKGROUND AND FINDINGS: Fee study conducted in 2017 by MGT of America Consulting Group recommended increasing copier and computer printout fees. ALTERNATIVES: If not approved, fees will remain the same. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Yes EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Not applicable. FINANCIAL IMPACT: ❑ Operating ❑x Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $47,316 $47,316 $94,632 Encumbered / Expended Amount This item *$23,658 $47,316 $70,974 BALANCE $70,974 $94,632 $165,606 Fund(s): General Fund — Copy/Printout Sales Comments: Current projection for copy machine and computer printout fees at $0.15 is $47,316 and $94,632 at $0.30; increasing revenue by $47,316. *Represents pro-rated revenue increase assuming collection of new fees beginning April 17 2018 through the remaining 6 months in the FY18 fiscal year. RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Ordinance AN ORDINANCE AMENDING SECTION 2-79 OF THE CODE OF ORDINANCES REGARDING LIBRARY FEES TO INCREASE THE PHOTOCOPY FEE AND PROVISION FOR ADMINISTRATIVE FEE INCREASES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 2-79 is revised to read as follows: Sec. 2-79. - Fees. (a) Overdue fees: (1) Each library item, per day.....$0.25 for books, $1.00 for recordings, az.. a+tas, compact discs, �.xm.c-iee t-Qffes,and DVDs and Blu-rays. (2) Maximum overdue fee.....Actual replacement cost or original cost of item, whichever is greater (b) Collection fee. .....$10.00 Any account with a "Lost" item or any account of twenty-five dollars ($25.00) or more that is unpaid for sixty (60) days or more; and is referred for collection to a private vendor, shall be assessed a ten-dollar (10.00) collection fee. (c) Photocopy fee, per page. .....$04-50.30 (d) Lost library item processing fee: An item is deemed lost on the 31St day after date due. At that time, patron is assessed the cost of the item or actual replacement cost, whichever is greater, plus a $5.00 processing fee. (1) If a lost item is returned in good condition after patron has paid the cost of the item and fees, the five-dollar processing fee is refunded and accrued fees paid or up to half the cost of the item, whichever is less is refunded. (2) If a lost item is returned in good condition and patron has not paid the cost of the item and fees, patron is charged accrued fees or up to half the cost of the item, whichever is less, and is not charged the $5.00 processing fee. (3) If a lost item is not in good condition when returned, the cost of the item or actual replacement cost, whichever is greater will be assessed plus the $5.00 processing fee. (e) Annual nonresident library fee. .....$25.00 The annual nonresident library fee shall not apply to the following: (1) Members of the armed forces (and their dependents) stationed (i) within the City limits or (ii) at the Coast Guard Station, Port Aransas, Texas; (2) Temporary residents residing within the City limits for six (6) weeks or more; (3) Students currently enrolled at (i) Texas A & M University-Corpus Christi or (ii) Del Mar College; and (4) Nonresidents who own real property within the City limits. (f) Interlibrary loan service fees: (1) Residents of the city, per item. .....$2.75 (2) Nonresidents of the state, per item. .....$15.00 Residents of the city will also be charged for the full cost of any fees assessed by the lending library. (g) Replacement Library Cards: Lost or stolen cards must be reported immediately. There is a two-dollar charge for replacement cards. 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. 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. 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� � AGENDA MEMORANDUM NORPORP�EFirst Reading Item for the City Council Meeting of February 27, 2018 1852 Second Reading Item for the City Council Meeting of March 20, 2018 DATE: February 19, 2018 TO: Margie C. Rose, City Manager FROM: Esther Velazquez, Assistant to the City Manager EstherV@cctexas.com 361.826.3093 Belinda Mercado, Director of Information Technology BMercado@cctexas.com 361.826.3732 Appropriating $249,500 for Arena Wi-Fi Enhancement Project CAPTION: Ordinance appropriating $249,550 from the unreserved fund balance of the Arena Facility Fund for a wi-fi enhancement project at the American Bank Center; and amending the FY18 operating budget. PURPOSE: To upgrade the technology infrastructure of the American Bank Center Arena and improve wi-fi capability. BACKGROUND AND FINDINGS: The industry standard for upgrading or replacing network hardware is typically five years or at which time the hardware is no longer supported by the vendor. The age of the technology infrastructure in the American Bank Center is 14 years old and current operation of the facility has outgrown the capacity of the network. Bandwidth for the wireless network, which is shared with other wireless users, is insufficient to support large conventions and productions. This is particularly problematic when multiple events are occurring simultaneously. The wi-fi service slows down to the point where it becomes unusable. If an Arena production is using wi-fi, the limited bandwidth is not enough for ticket scanners, which capture real time patron counts, ticket and seating information, to connect to the server. When this occurs the small amount of memory in the ticket scanning device quickly fills up and staff must stop the entry process to download the data. This impedes the process of getting patrons into the Arena in a timely manner. Insufficient bandwidth also affects Arena concessions because the point of sale and credit card readers utilize the wi-fi network. This creates long lines and negatively impacts the customers' experience. In addition, there are two portable ATM machines that can only be connected via wi-fi so on busier days they are inoperable. The original project scope, which included installation by Information Technology (IT) staff, was 10 months to completion. In order to minimize the negative impact to American Bank Center operations, the project was divided into two phases with phase one taking place in FY18 for the Convention Center and phase two to take place in FY19 for the Arena. During project planning, it became evident that the entire facility should be upgraded at the same time so it was determined that TSA, Inc. Houston, a vendor selected from BuyBoard Cooperative Purchasing, should perform the installation since they would be able to complete the project in four weeks, thereby eliminating any impacts to event operations and reduce costs with a single mobilization. The current wireless network will be replaced with a high capacity wireless network. IT staff will be installing new switches and SMG will be entering into a contract with TSA to install the network infrastructure, wireless access points, network cabling, and also provide configuration and support for the Arena, Convention Center, and Selena Auditorium. After the upgrade, the facility will have a dedicated 1 GB internet connection to be used exclusively for the American Bank Center wireless network. With these improvements bandwidth will be increased, capacity will be increased, and SMG staff will have a toolset to manage the network and configure the system to provide services for a fee, when appropriate. The Corpus Christi Business and Job Development Corporation approved this item at the February 19, 2018 Type A Board meeting. ALTERNATIVES: Do not approve appropriation. EMERGENCY/ NON-EMERGENCY: Non-Emergency. DEPARTMENTAL CLEARANCES: Legal, Finance, Budget, Information Technology FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: FY18 Current Year TOTALS Amended Budget $6,766,781.38 $6,766,781.38 This item $249,550.00 $249,550 NEW BALANCE $6,527,231.38 $6,527,231.38 Fund: Arena Facility Fund 1130, Visitor Facility Fund 4710 Comments: None. RECOMMENDATION: Staff recommends approval of this Ordinance. LIST OF SUPPORTING DOCUMENTS: Project Budget TSA Quote Computer Solutions Quote Ordinance ORDINANCE APPROPRIATING $249,550 FROM THE UNRESERVED FUND BALANCE OF THE ARENA FACILITY FUND FOR A WI-FI ENHANCEMENT PROJECT AT THE AMERICAN BANK CENTER; AND AMENDING THE OPERATING BUDGET. WHEREAS, the Board of the Corpus Christi Business and Job Development Corporation, at its meeting on February 19, 2018, reviewed a requested project to expend Arena funds on the enhancement of wi-fi at the American Bank Center Arena and passed a motion approving the project. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That funds in the amount of$249,550 are appropriated from the unreserved fund balance in the Arena Facility Fund, Fund No. 1130 and transferring said funds to the Visitor Facility Fund No. 4710 for enhancement of the wi-fi at the American Bank Center Arena. SECTION 2. That the FY2017-18 operating budget adopted by Ordinance No. 031255 is amended by increasing revenues and expenditures by $249,550. SECTION 3. That the City Manager, or designee, is authorized to execute any documents necessary to approve and complete the wi-fi enhancement project at the American Bank Center Arena. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor day of ' 2018. Corpus Christi, Texas day of The above ordinance 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 1 -d A 11� C E IM E 1 "T TSA, Inc. Houston $204,385.11 Quote for installation, network cabling placement of all wireless access points, mobility controllers, configuration & support Computer Solutions $121615.40 Quote for 4 uplink switches Contingency (15%) $32,55o.o8 Total Project Cost $249550.59 III Quote o, ljll� ff�nPage 1 of 3 Date 2/9/2018 Quote# 31644 TSA, Inc.Houston 2050 West Sam Houston Parkway North Expires 3/9/2018 Houston 77043 United States Sales Rep Terry Ferrell Project Contact Ken Bridgeman Terms Net 60 Shipping Method Best Way 3-5 FOB Origin Customer Ship To Lease Options SMG/American Bank Center SMG/American Bank Center City Of Corpus Christi City Of Corpus Christi 1901 N.Shoreline Blvd. 1901 N.Shoreline Blvd. Attn: Ken Bridgeman kennethb@cctexas.com Corpus TX 78401 Corpus Christi TX 78401 United States United States i ii i Project Includes Arena- With complete installation including cabling and placement of all APs in the Arena with completion of Project 16 HEWLETT PACKARD ENTERPRISE :AP-ANT-1 W 2.4-2.5GHz 12.32 197.12 (4dBi)/4.9-5.875GHz(6dBi) Hi Gain Dual-band Omni-Dir Indoor Antenna 44 HEWLETT PACKARD ENTERPRISE :ANT-2x2-2314 2.4 GHz 14dBi 174.55 7,680.20 30x30deg Dual Pol MIMO High Gain Dir N-Type Outdoor Antenna 44 HEWLETT PACKARD ENTERPRISE :ANT-2x2-5314 5.15-5.9 GHz 14dBi 174.55 7,680.20 30x30deg Dual Pol MIMO Hi Gain Dir N-Type Outdoor Antenna 63 HEWLETT PACKARD ENTERPRISE :AP-220-MNT-W1 Flat Surface 10.28 647.64 Wall/Ceiling Black AP Basic Flat Surface Mount Kit 1 HEWLETT PACKARD ENTERPRISE :AP-270-MNT-V2 AP-270 Series 51.34 51.34 Outdoor Pole/Wall Short Mount Kit 21 HEWLETT PACKARD ENTERPRISE :AP-270-MNT-H1 AP-270 Series 54.31 1,140.51 Outdoor AP Hanging or Tilt Install Mount Kit 176 HEWLETT PACKARD ENTERPRISE :AFC2DL60-00 Indoor AP RPSMAm 7.36 1,295.36 to Nf 60cm Flexible Indoor Rated RF Cable 4 HEWLETT PACKARD ENTERPRISE :SFP-LX 1000BASE-LX SFP 264.88 1,059.52 1310nm LC Connector Pluggable GbE XCVR 2 HEWLETT PACKARD ENTERPRISE : PC-AC-NA(NA)AC Power Cord 2.06 4.12 1 HEWLETT PACKARD ENTERPRISE :Aruba AP-275 802.11 n/ac Dual 819.29 819.29 3x3:3 Radio Integrated Omni Antenna Outdoor AP 21 HEWLETT PACKARD ENTERPRISE :Aruba AP-277 802.11 n/ac Dual 901.43 18,930.03 3x3:3 Radio Integrated Directional Antenna Outdoor AP 44 HEWLETT PACKARD ENTERPRISE :Aruba AP-228 802.11 n/ac Dual 613.96 27,014.24 3x3:3 Radio 6xRPSMA Connectors Indoor Hardened AP 4 HEWLETT PACKARD ENTERPRISE :Aruba AP-324 802.11 n/ac 4x4:4 572.89 2,291.56 MU-MIMO Dual Radio Antenna Connectors AP 15 HEWLETT PACKARD ENTERPRISE :Aruba AP-325 802.11 n/ac 4x4:4 572.89 8,593.35 MU-MIMO Dual Radio Integrated Antenna AP 85 HEWLETT PACKARD ENTERPRISE :Aruba LIC-ENT Enterprise(LIC-AP 123.20 10,472.00 LIC-PEF LIC-RFP and LIC-AW) Licence Bundle E-LTU 85 HEWLETT PACKARD ENTERPRISE :Aruba 1 Year Foundation Care 24x7 40.81 3,468.85 License Controller Bundle Service "Monthly payment options may be available". Ask your Account Manager for details. All Credit Card purchases are subject to a 3%convenience fee. III Quote o�, IIIA ff�nPage 2 of 3 Date 2/9/2018 Quote# 31644 TSA, Inc.Houston 2050 West Sam Houston Parkway North Houston 77043 United States i 1 HEWLETT PACKARD ENTERPRISE :Aruba 1 Year Foundation Care Next 78.05 78.05 Business Day Exchange AP 275 Outdoor Service 21 HEWLETT PACKARD ENTERPRISE :Aruba 1 Year Foundation Care Next 86.04 1,806.84 Business Day Exchange AP 277 Outdoor Service 44 HEWLETT PACKARD ENTERPRISE :Aruba 1 Year Foundation Care Next 58.54 2,575.76 Business Day Exchange AP-228 Service 4 HEWLETT PACKARD ENTERPRISE :Aruba 1 Year Foundation Care Next 54.11 216.44 Business Day Exchange AP-324 Service 15 HEWLETT PACKARD ENTERPRISE :Aruba 1 Year Foundation Care Next 54.11 811.65 Business Day Exchange AP-325 Service 1 Set up and Configuration of the Aruba Wireless solution in the Arena area. 107,551.04 107,551.04 Which Includes Physical Installation and cabling of AP's.as well as engineering and configuration Includes UI Customization Service for Clear Pass Installation of Clear Pass Engineering Services Project Management Onsite and Remote Services Event Support for 2 Events for entire project General Notes/Exceptions: -City of Corpus Christi must provide for all AP's quoted-POE switches(5 Ethernet Switches) -Hardware for Airwave-City must provide VM Instance or Server Brief Scope of Work: -Configuration of 85 Aruba Networks Access Points -On-site and Remote Project Management of Physical Installation -Test and Turn up of the Network -Support for two events following system turn up -Documentation of Configuration, IP, Network Diagrams - Installation of AP Placement and cabling and engineering of project with all physical placements Assumptions: -Customer will provide sufficient POE+switch ports within 100 meters of AP locations -Customer will provide network connectivity for Switchpoerts back to MDP in parking garage Assumption and Exceptions: -Customer will provide sufficient POE+switch ports within 100 meters of AP locations -Customer will provide network connectivity for Switchports back to MDP in parking garage -Clearpass does not include advanced features,such as on board, on guard or non standard interfaces -Proposal based on RFIP installing separate network racks at IDF locations -Work may progress continuously until complete III Quote Page 3 of 3 Date 2/9/2018 Quote# 31644 TSA, Inc.Houston 2050 West Sam Houston Parkway North Houston 77043 United States i -Regular working hours will be used -Access to all areas will be possible during working periods -Secured storage for equipment and materials will be provided -Normal office working conditions with water and restrooms -Power, grounding, bus bars and pathways will be provided convention center Space for additional racking in IDF locations - Internet services will be provided by convention center -Demarcation for Internet services will be present in a proposed IDF location -All security hardware by others -No other competing WIFI system will be present -Estimated at 8 weeks installation for entire project -This proposal does not provide conduit,any conduit required will be provided by others -All AP locations are reasonably accessible without additional construction APs and antennas are exposed with no additional enclosures -Required badges, keys and escorts will be provided Convention Center -Convention Center or City of Corpus will provide an onsite project manager who will participate in meetings and discussions when needed -Any additional work requested is subject to additional charges and/or authorized change orders - If at theConvention Centers discretion, unscheduled work stoppage possible costs associated with the delays will be incurred -No bonding is included -Clearpass installation is included in theConvention Center/Auditorium Proposal. Arena is second phase Freight is not included Subtotal 204,385.11 Shipping Cost(Best Way 3-5) 0.00 Total $204,385.11 Great South Texas Corp dbak»�»)»l)1) �)I%%%/i Computer Solutions 814 Arion Parkway, Suite 101 Date Expiration San Antonio,Texas 78216 Feb 09, 2018 11:53 AM Date United States ul 111 �yh Vr � :ll"�" 1Y CST 2018-03-11 1 http://w) 369-0 soltx.com � � ��V �� � (P) (210) 369-0300 Quote (F) 210-369-0389 Modified Date 0SINIES . TE�C'MIN0 Y, INNOV'WrION Feb 09, 2018 11:54 AM CST Doc # 1006036 - rev 1 of 1 Description (x4)3650 24-Port PoE w/MMF SFP SalesRep Jones, David (P)210-369-0318 (F) 210-369-0389 Customer Contact Shelton, Dan (P)361-826-3705 dans@cctexas.com Customer Bill To Ship To Contract Programs: Cisco City of Corpus Christi (16975) City of Corpus Christi City of Corpus Christi DIR TSO-2542 Expires Shelton, Dan Accounts, Payables 1201 Leopard Street 05/05/2018 1201 Leopard Street 1201 Leopard Street Corpus Christi,TX 78401 Certifications:WBE/SBE/HUB# Corpus Christi,TX 78401 Corpus Christi,TX 78401 United States 1942650013800 United States United States (P)361-826-4091 Exp:05/13/2018 (P) 361-826-4091 (P) 361-826-4091 (F)361-826-4551 Sales Order Type: Drop (F) 361-826-4551 (F) 361-826-4551 Ship Customer PO: Terms: Ship Via: Net 30 Days FedEx Ground Special Instructions: Carrier Account#: °L�t ,: m 'w 1,1 1 "I ism VIII nVPI w,;, ���`��a���`�ai��lll�lll�lll�lll�lll�lll�lll�lll�lll�lll�lll�lll�lll�lll�lll�lll�lll�lll�lll�lll�lll�lll�lll�lll�lll�lll�lll�lll�lll�lll�lll�lll�lll�lll�lll�lll�lll�lll�lll�lll�� J����(Illll�lll�lll�lll�lll�lll�lll�lll�������`����a���� ���� '����a�� 1 Cisco ONE Catalyst 3650-24PS C1-WS3650- $4,280.00 4 $2,054.40 $8,217.60 Switch -managed -24 x 10/100/1000 (PoE+) + 4 x SFP- 24PS/K9 qqW desktop, rack-mountable- PoE+ (390 W) Note: Included Components: STACK-T2-BLANK Type 2 Stacking Blank PWR-C2-BLANK Config 2 Power Supply Blank CAB-TA-NA North America AC Type A Power Cable S3650UK9-166 UNIVERSAL PWR-C2-640WAC 640W AC Config 2 Power Supply 2 Cisco ONE Foundation CIFPCAT36501K9 $1,250.00 4 $687.50 $2,750.00 License- 1 switch (24 ports) Note: Included Components: C1-PI-LFAS-2K3K K9 Cisco ONE PI Device License for LF&AS for Cat 2k, 3k C1-ISE-BASE-24P Cisco ONE Identity Services Engine 50 End Point Base Lic C3650-24-L-S C3650-24 LAN Base to IP Base Paper RTU License CIFPCAT36501K9 Cisco ONE Foundation Perpetual -Catalyst 3650 24-port ClFlVCAT36501-03 Tracker PID v03 Find Perpetual CAT36501 - no delivery 3 Cisco SMARTnet Software Support Service CON-ECMU- $165.00 4 $136.95 $547.80 Technical support-for CIFPCAT36501K9 -phone ClFC3651 consulting - 1 year-24x7 -for P/N: CIFACAT36501K9, CIFACAT36501K9=, CIFPCAT36501K9, CIFUCAT36501K9, CIFUCAT36501K9= 4 Cisco GLC-SX-MMD= $500.00 4 $275.00 $1,100.00 SFP(mini-GBIC)transceiver module-GigE- 1000Base-SX LC/PC multi-mode- up to 0.6 miles-850 nm -for Cisco rrJirn 38XX; Catalyst 29XX, 3560, 3750; Catalyst Express 500; Supervisor Engine II-Plus-TS Cisco DIR TSO-2542 TX DIR Contract Subtotal: $12,615.40 Expiration: 5/5/2018 Tax(0.000%): $0.00 Vendor ID: 1942650013800 Shipping: $0.00 Total: $12,615.40 Computer Solutions Co. Certifications: (List Price: $24,780.00) HUB (Historically Underutilized Business) Certification#1942650013800//Expires 05/13/2018 WBE (Women Business Enterprise) SBE (Small Business Enterprise) Certification#211089371//Expires 08/31/2018 Thank you for the opportunity to provide this quote.This quote is valid for 30 days. Freight charges are estimates only. Returns are subject to approval and may include a restocking fee. This document and the information contained is PROPRIETARY and CONFIDENTIAL and may not be duplicated, redistributed or displayed to any other party without the written permission of Computer Solutions. SC 0 Ih a NtwopP11 AGENDA MEMORANDUM I852 First Reading Ordinance for the City Council Meeting of February 27, 2018 Second Reading Ordinance for the City Council Meeting of March 20, 2018 DATE: February 16, 2018 TO: Margie C. Rose, City Manager FROM: Miles Risley, City Attorney Milesr@cctexas.com 826-3360 Appropriation of funds for Consent Decree analysis and negotiations related to the Sanitary Sewer System and deauthorizing previously authorized funds CAPTION: Ordinance appropriating $579,860 in the Wastewater Fund and authorizing up to $325,460 for legal, engineering, and consulting services for negotiations with federal and state regulatory authorities related to the City's sanitary sewer system and a contingency of up to $254,400 in the event of pre-agreement litigation related to said system; amending the budget; and de-authorizing $1,142,700 previously authorized as a contingency for said litigation. PURPOSE: To appropriate and authorize funds for legal, engineering, and consulting services for negotiations. BACKGROUND AND FINDINGS: The City has been in negotiations with federal and state regulatory authorities related to the City's sanitary sewer system. ALTERNATIVES: To not utilize the services for ongoing negotiations. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This item conforms to City policy. 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 Encumbered / Expended Amount This item 579,860 579,860 BALANCE 579,860 579,860 Fund(s): Wastewater Fund Comments: RECOMMENDATION: The staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance appropriating $579,860 in the Wastewater Fund and authorizing up to $325,460 for legal, engineering, and consulting services for negotiations with federal and state regulatory authorities related to the City's sanitary sewer system and a contingency of up to $254,400 in the event of pre-agreement litigation related to said system; amending the budget; and de-authorizing $1,142,700 previously authorized as a contingency for said litigation Section 1. That $579,860 is appropriated in the Wastewater Fund 4200 Fund Balance and transferred to and appropriated in the 4200-33100-064 530000 Professional Services; authorizing up to $325,460 for legal, engineering, and consulting services for negotiations with federal and state regulatory authorities related to the City's sanitary sewer system and a contingency of up to $254,400 in the event of pre-agreement litigation related to said system with the following entities and/or affiliates in the following amounts,with the amounts for the"Litigation- additional amount" only authorized in the event that the City is sued (without a preceding agreed Consent Decree) by agencies of the federal government for said matters: Ongoing Negotiation Litigation-additional amount Lloyd Gosselink $157,000 $95,000 HDR, Inc $101,100 $90,100 Pipeline Analysis, LLC $17,360 $9,300 Barnes & Thornburg, LLP $25,000 $60,000 Alan Plummer Associates, Inc $25,000 Total: $325,460 $254,400 and further authorizing the City Manager to execute contracts with and expend the amounts designated for the aforesaid entities on different firms determined to be most appropriate for the City's case. Section 2. That the FY 18 Operating Budget adopted by Ordinance 031255 is amended to increase expenditures by $579,860. Section 3. That $1,142,700 previously authorized for litigation funding related to the above described matter is de-authorized. 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 this day of 12018. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor CITY COUNCIL EXECUTIVE SUMMARY Council Priority Not Applicable Staff Contacts: Mark Van Vleck, Assistant City Manager ® Valerie H. Gray, P.E., Executive Director of Public Works Jay Ellington, Director of Park & Recreation -- Jeff H. Edmonds, P. E., Director of Engineering Services Meeting Date Agenda Category Le istar ID February 27, 2018 Motion 18-0044 Agenda Title: Construction Contract— New Beach Operations Building (Capital Outlay) PROPOSED ACTIONS/RECOMMENDATIONS ➢ Future item — No action required ➢ Staff Recommendation: Award construction contract o to Abba Construction, LLC of Laredo, Texas o in the amount of$399,77 o for the New Beach Operations Building (Capital Outlay) SUMMARY ➢ Beach Operations o Administrative space for beach operations 0 4 Permanent City employees o Up to 4 additional seasonal Temporary employees ➢ Current Building 0 1,600 SF Double-wide mobile home manufactured in 2007 o Building structure failed o Water infiltration - Damage to interior finishes and equipment o Frequent mechanical & electrical system outages o No restroom ➢ Proposed Building 0 1,764 SF modular building 0 4 offices for Permanent staff, 4 work areas for Temporary staff o ADA compliant unisex restroom o Small break area, meeting area o Telecommunication closet o Meet all Texas Department of Insurance windstorm requirements PRIOR COUNCIL ACTION ➢ None FINANCIAL CONSIDERATIONS ➢ Funded out of FY2018 Park & Recreation Department operating budget ALTERNATIVES ➢ Authorize execution of contract. SUPPORTING DOCUMENTS ➢ Item Details ➢ Project Budget ➢ Location Map ➢ Presentation ➢ Letter of Recommendation FUTURE ACTIONS ➢ Action -Approval Project No.E17059 PM: KM/CFA:JR Rev.5—02/21/18 Item Details Legistar# 18-0044 Construction Contract— New Beach Operations Building (Capital Outlay) Council Meeting Dates: Item Being Considered: Future Item — February 27, 2018 Motion Action item — March 20, 2018 RECOMMENDATION: Award construction contract to Abba Construction, LLC of Laredo, Texas in the amount of$399,777 for the New Beach Operations Building (Capital Outlay). BASE BID: Demolition and removal of existing building with construction of a new 1,764 SF modular building with four offices for permanent staff and four additional workspaces, ADA compliant unisex restroom, small break area, telecommunication closet, and meeting room. The building includes all associated energy efficient heating, ventilation, and air conditioning (HVAC), lighting and electrical requirements will be met. The project includes a new concrete foundation as required to meet Texas Department of Insurance windstorm requirements. BID SUMMARY CONTRACTOR BASE BID Abba Construction, LLC Laredo, Texas 399,777.00 Gourley Contracting, LLC Corpus Christi, Texas 470,081.00 n 15,21 7 7a* Corpus Gh4s Tena& Engineer's Opinion of Probable Construction Cost 358,000.00 *Bidder did not submit correct bid form as one item quantity was adjusted in addenda. Cost difference of+$1,087.30 (not included in above price) SUMMARY: This project replaces the existing 1,600 SF manufactured building (double wide mobile-home). The existing building was manufactured in 2007 and purchased by the City in 2009. This building is beyond its serviceable life cycle due to age and harsh coastal environment. This building supports beach operations with 4 permanent City employees and up to 4 additional temporary personnel for seasonal support. The building can no longer adequately function as safe and proper administrative space for beach operations. The building structure has failed, allowing water penetration and damage to interior finishes and equipment. A blue tarp is required to minimize water penetration through the roof and building exterior. Additionally, the mechanical and electrical systems Project No.E17059 1 PM: KM/CFA: JR Rev.0—02/15/18 experience regular outages and problems. The existing facility does not have a restroom and therefore requires staff to use the restroom located in the nearby Fire Station No. 16. PREVIOUS COUNCIL/ BOARD ACTIONS: None Project No.E17059 2 PM: KM/CFA: JR Rev.0—02/15/18 PROJECT BUDGET ESTIMATE NEW BEACH OPERATIONS BUILDING FUNDS AVAILABLE: GeneralFund.......................................................................................................... 500,000 TOTAL FUNDS AVAILABLE...................................................................................... $ 500,000 FUNDS REQUIRED: Construction and Contingency:................................................................................... 439,755 Construction (Abba Construction, LLC) THIS ITEM................................. 399,777 Contingency10%................................................................................. 39,978 Construction Inspection and Testing:........................................................................... 25,000 Construction Inspection Estimate............................................................ 15,000 Testing Estimate.................................................................................. 10,000 Engineer:................................................................................................................................... 7,920 A/E Contract(Munoz Engineering).......................................................... 7,920 Reimbursements:..................................................................................................... 27,325 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance)..... 10,000 Engineering Services (Project Mgmt/Constr Mgmt) .................................... 15,000 Misc.................................................................................................. 2,325 TOTAL.................................................................................................................. $ 500,000 ESTIMATED PROJECT BUDGET BALANCE............................................................... 0 � p Doyle Q n ortland � 'v SCALE: N.T.S. 0 NUECES BAY CORPUS CHRISTI SHIP 6 LEOPARD a PROJECT LOCATION 0Ki 266 R 358 5 4 3 CORPUS CHRISTI BAY �P H 0 QQ' O TEXAS A&M UNIVERSITY �o HOkY CORPUS CHRISTI Z Q 356 Z 9Rtr� Ma(f o CABANISS A y OSO BAY CORPUS CHRISTI FlELD Q NAVAL AIR STATION FLOUR BLUFF 356 266 p J O 'er r° k"H O2` 361 O LAGUNA PA K MADRE EL GULF OF MEXICO LOCATION MAP NOT TO SCALE Project Number: E17059 11 CITY COUNCIL EXHIBIT New Beach Operations Building CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES Corp, ClEngmeenng rr si New Beach Operations Building Council Presentation February 27, 2018 Project Location Engineering CORPUS CHRlsm BAY N SCALE:NJ3 NEW BEACH OPERATIONS BUILDING y 2 050 BAY i ua snr FLOUR QLUF O� iQ 4� P2� LAGUNA MADRE GULF OF ME%ICO 2 i Project Vicinity / C+aopus CII st Erugime:ering N SCALP.N.T.S. I r ` NEW BEACH ` OPERATIONS BUILDING 0 ry :u , Project Scope r Caopus CIIP"st Erugime:ering The project includes: • New 1,764 SF modular office building • Four (4) offices • Four (4) additional workspaces • Conference room and break area • ADA compliant unisex restroom d i a Project Schedule r Caopus CII st irlgpin eering 2017 2018 NOV DEC JAN FEB MAR APR MAY JUN JUL AUG Bid & Award i Project Construction Estimate: 5 Months Schedule reflects City Council construction award in March 2018 with completion planned by August 2018. " T, Site Photos Caop s C1 t'sii ir19pin ering Building Exterior Building Exterior 4�� f j rr VIII i illl I _.. w, rll ,o (i 4 Site Photos / ivrugime:ermntig Building Exterior Building Exterior Tarp on Roof Deteriorated Hurricane Strap r a ; Nil utl r 4 �,r ro y, l Site Photosps " I rugirtesruing Building Exterior Building Exterior Deteriorated Trailer Arm Deteriorated Trailer Arm Pt" I r w=� Site Photos Erugime:ering Building Interior Building Interior Roof Leak Garbage Cart Catching Roof Leak J New Beach Operations Building �onPUSineering cfi°� QUESTIONS? .0 ME MUNOZ ENGINEERING Practical Engineering Solutions December 28, 2017 City of Corpus Christi Department of Engineering Services PO Box 9277 Corpus Christi, Texas 78469-9277 Re: E17059 NEW BEACH OPERATIONS BUILDING CORPUS CHRISTI, TEXAS AWARD RECOMMENDATION To Whom It May Concern: The bids for the referenced project were opened on Wednesday, 13 December 2017. At that time there were three (3) bids received and subsequently reviewed for accuracy and compliance with the bid documents. All the documentation was in order and that, in our opinion, all bidders offered qualified bids. ABBA Construction, LLC out of Laredo, Texas is the apparent low bidder. Based on the information provided with the bid documents we are confident that ABBA Construction is qualified to complete the work. We recommend that the City of Corpus Christi select ABBA Construction, LLC out of Laredo, Texas base bid for a total construction cost of $399,777.00. The contractor will have 150 calendar days from the issuance of a notice to proceed to complete the project. Should you have any questions or require any additional information, please do not hesitate to contact us. Sincerely, MUNOZ ENGINEERING, LLC .. Thomas Tiffin, P.E. Project Manager 10\Projects\CaCC\110110 Beech Operations Bui1tling\B,dd,.g\E11059 New Beech Operations Builtling-A—d Reco—.d.t-d.. 1608 S. BROWNLEE BLVD ® CORPUS CHRISTI,TX 78404 ® (0)361-946-4848 ® (F)361-265-0562 ® TBPE FIRM F-12240 munozengrg.com CITY COUNCIL EXECUTIVE SUMMARY Council Priority Not Applicable Staff Contacts: Mark Van Vleck, Assistant City Manager ® Valerie H. Gray, P.E., Executive Director of Public Works Jeff H. Edmonds, P. E., Director of Engineering Services Meeting Date Agenda Category Le istar ID February 27, 2018 Motion 18-0043 Agenda Title: Professional Services Contracts— Repairs on Marina Breakwater at McGee Beach PROPOSED ACTIONS/RECOMMENDATIONS ➢ Future Item — No action required ➢ Staff Recommendation: Authorization to execute professional services contract o With Lockwood, Andrews & Newnam, Inc. of Corpus Christi, Texas o In the amount of$249,215 o For design, survey, bid and construction phase services SUMMARY ➢ Project approved in 2018 Capital Improvement Program (CIP) budget ➢ Breakwater constructed in 1920's ➢ Severe structural degradation due to age and harsh environment ➢ Improvements based on HDR Engineering assessment PRIOR COUNCIL ACTION ➢ None FINANCIAL CONSIDERATIONS ➢ CIP budget— Funding by Type A ALTERNATIVES ➢ Authorize execution of contract. SUPPORTING DOCUMENTS ➢ Item Details ➢ Project Budget ➢ Location Map ➢ Presentation FUTURE ACTIONS ➢ Approval Action Project No.E16318 PM: SW/CFA:CJ Rev.5—02/20/18 Item Details Legistar# 18-0043 Professional Services Contract— Repairs on Marina Breakwater at McGee Beach (Capital Improvement Program) Council Meeting Dates: Item Being Considered: Future Item — February 27, 2018 Motion Action Item - March 20, 2018 RECOMMENDATION: Authorization to execute professional services contract with Lockwood, Andrews & Newnam, Inc. of Corpus Christi, Texas in the amount of$249,215 for design, survey, bid and construction phase services. SUMMARY: The City's breakwater is a large stone structure that extends approximately one mile around the Marina. The southern end is connected to the shore at the McGee Beach Pier structure with the northern end open to allow navigation to the marina. The southernmost section includes a concrete cap that extends from the pier to the north approximately 1,800 Linear Feet (LF). The breakwater is designed to reduce wave energies to the marina facilities and the vessels stored and navigating within the marina channels. The breakwater also dissipates wave energy to the seawall. The breakwater was constructed in the 1920's and is experiencing severe structural degradation due to age and the harsh environment. The project provides for improvements to the 1,800 LF southernmost section and is based on preliminary engineering assessments and recommendations from HDR Engineering that included: • Repair/replace entire 1,800 LF concrete cap along existing rock breakwater; • Construct/place rock ballast (smaller stones) to fill gaps between larger stones and to provide a base for the new concrete cap; • Possible improvement of water quality within marina by installing culverts through the breakwater and/or improving existing water exchange. This professional services contract provides for the design, bid and construction phase service including: • Bathymetric and topographic surveying; • Determining permitting requirements; • Investigate water quality improvements within the Marina during the Preliminary Engineering phase; include improvements in the final design if appropriate; • Detailed structural analysis and design of the breakwater, accounting for local tides, wind, waves, and currents, to determine the required gradation of the rubble for the breakwater rehabilitation; • Design new breakwater cap, considering wave loads on a wider/higher cap; • Preparation of the construction documents for the Marina Breakwater repairs; • Prepare opinion of probable construction costs, plans, and specifications as needed for a bid package; • Bid Phase services — pre-bid and bid-opening meetings, responding to questions, preparing contract addenda, evaluation of bids, prepare bid tabulations, and provide a letter of recommendation for selected bidder; • Construction Phase services — pre-construction meeting, assisting with change orders and requests for information, reviewing submittals, and limited construction observation services. Project No.E16318 1 PM:SW/CFA: CJ Rev.1—02/16/18 PREVIOUS COUNCIL/ BOARD ACTIONS: Approved by Corpus Christi Business and Job Development Corporation (Type A Board) on February 19, 2018 Project No.E16318 2 PM:SW/CFA: 0 Rev.1—02/16/18 PROJECT BUDGET ESTIMATE Marina Breakwater at McGee Beach Improvements PROJECT FUNDS AVAILABLE: Type A Funds 3,773,300 TOTAL FUNDS AVAILABLE................................................................................................ 3,773,300 FUNDS REQUIRED: ConstructionFees:............................................................................................................. TBD Construction (Estimate).............................................................................. TBD Contingency (10%).................................................................................. TBD Desicin &Testinci Fees:....................................................................................................... 271,615 Design - Lockwood, Andrews & Newnam, Inc. (THIS ITEM)........................ 249,215 Preliminary Design - HDR Engineering, Inc. 19,900 Geotechnical Testing (TBD) 2,500 Contract Manaciement, Reimbursements and Miscellaneous:...................................................... 189,665 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) ................. 75,466 Engineering Services (Project Mgt)............................................................. 113,199 Misc. (Printing, Advertising, etc.)................................................................ 1,000 TOTAL............................................................................................................................. 461,280 ESTIMATED PROJECT BUDGET BALANCE.......................................................................... 3,312,020 NUECES BAY 181 N SCALE: N.T.S. coRR/oo � R CORPUS CHRISTI SHIP CHANN PROJECT LOCAppl- TION Q LEOPARD ` a z 0 4p�/N 286 ORGpN O 358 Q M O0 9� 00 z ? CORPUS CHRISTI BAY �2 °gRp�F p<</yqR SF`s �O o�Po�� s A�p ocF ti TEXAS A&M UNIVERSITY Off~ y0<<Y CORPUS CHRISTI 0r7 Q 358 ZZ c Q� �SgRgTOcq��m Q'r� �Rp�F O CABANISS Z OSO BAY CORPU FIELD tv Q NAVAL Qv O �v X000 FLOUR B 2 358 286 0`r0 Q�0 W Q LOCATION MAP Oy0R�T0 Ge�O o w Project: E16318 Marina Breakwater at McGee CITY COUNCIL EXHIBIT Beach Improvements CITY OF CORPUS CHRISTI,TEXAS eac DEPARTMENT OF ENGINEERING SERVICES Corpus Chr'sti Engineering Marina Breakwater at McGee Beach Improvements Council Presentation February 27, 2018 r Project Location Corpus CNr'stl Engineering �07 N CORPUS CHRISTI ` SCALE:N.T,5, �o PROJECT LOCATION CORPUS CHRISTI BAY �ro dram OSORBAY FLOUR BLUFF op 04' gx yo ?4 zaw �$ Project Vicinity �r j Corpus Chr'sti Engineering 4' CORPUS CHRISTI ��'r" N SCALE:N.T.S. St T-Head � StT-Head u / MARINA BREAKWATER STRUCTURE PROJECT LOCATION uili Ii II III �II r aL C GEE BEACH PIER y„� MC GEE BEAC Irr' :u Project Scope i Engineering • Overall breakwater system provides wave sheltering for the marina, and storm damage protection for the seawall and Marina facilities. • Breakwater deterioration is beyond economical maintenance capabilities; improvements are recommended. • Improvements to the Breakwater will consist of: o Demolishing the existing elevated concrete cap; o Filling the gaps between the larger existing stones to provide a base for the new concrete cap; and o Constructing a new concrete cap (wider and taller than the existing cap). d Project Schedule °U� Corpus Chr'sti Engineering 2018 2019 0 Q 0 3 3 3 &AWARD M lG Q 0 3 3 7 Nii V pa Q Q lL Q Q V) O zBID / Projected Schedule reflects City Council design award in March 2018 with anticipated project completion in Fall 2019. CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) E16318 — Marina Breakwater at McGee Beach Improvements 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. 500 N. Shoreline, Suite 905, Corpus Christi, Nueces, Texas, (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 F CERTIFICATE (l�TERESTED PARTIES (F=ARM 1295) EXHIBIT F Excerpt from Corpus Christi General Conditions for Construction Projects 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. 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 Aand A- 4- It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and V party owners/operators. Contract for Professional Services PAGE 2 OF 12 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 $249,215. 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 . . to the expiratin-P d-ate of the prier term. ARy reR&.V_;3lS Sh-R11 h_R_ _Rt thP- G6_;3MR_ tR_.rMS0 -;;Ad GE)Rditicms, p!616 a%x 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 CSE. 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.html. 13.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code,to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, 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. ARAT Alao�d r2ln 11-1 Jeff H. Edmonds, P.E. Stew' n A. Gilbreath, P.E. ,ate Director of Engineering Services Associate 500 N. Shoreline, Suite 905 Corpus Christi, Texas 78401 (361) 882-2257 smharris@Ian-inc.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 Account Activity No. Amount Unit No. Seawall Maintenance 3272-707 550950 El6318013272EXP $249,215.00 Total Contract for Professional Services PAGE 12 OF 12 LockAndrews Andrews Newnam, Inc. Y COMPANY October 31, 2017 Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi PO BOX 9277 Corpus Christi,Texas 78469-9277 Re: Proposal for Repair on Marina Breakwater at McGee Beach (Project E16318) Dear Mr. Edmonds, The purpose of this proposal is to provide you a scope of services and fee estimate for improvements to the McGee Beach Breakwater consisting of demolishing the existing elevated concrete cap and constructing a new breakwater and concrete cap in its place. It is LAN's understanding that the existing rock breakwater and concrete cap will be repaired and raised. These improvements will help fortify the seawall against wave attack by preventing failure of the breakwater and excessive erosion of McGee Beach. Scope of work will consist of constructing and placing rock ballast to fill gaps between larger stone and provide for a base for the new concrete cap.This new concrete cap would be wider and higher than the original. 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 $249,215.00. 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: Sarah West, P.E., Project Manager Exhibit A 500 N Shoreline Blvd.Ste 500 • Corpus Christi,Texas 78401 361,882,2257 www,lan-inc.com Page 1 of 8 Attachment A Scope of Services & Fee Estimate Repair on Marina Breakwater at McGee Beach (Project No. E16318) Situation: The City of Corpus Christi is considering repairs to the southern portion of the breakwater adjacent to the downtown marina and McGee Beach.The initial section of the breakwater extends from the seawall and is part of improvements currently being made to Bayshore Park(The Water's Edge).The breakwater then transitions to an elevated concrete cap extending to the rock section of the breakwater. The overall breakwater system provides wave sheltering for the marina and storm damage protection for the seawall. In May 2016, HDR Engineering completed a technical memorandum that included a preliminary condition assessment and recommended improvements for repairs to the breakwater at McGee Beach. In summary they concluded: • The existing elevated cap between the concession area and the rock breakwater is structurally deteriorating and recommended to be demolished and replaced.To replace the elevated cap,the rock breakwater and concrete cap should be extended towards the seawall to connect directly to the concession area. This will help reduce wind-blown transport of sand from McGee Beach into the marina basin. • The concrete cap along the existing rock breakwater is recommended to be repaired/replaced, and possibly raised. Furthermore they noted, "These improvements will help fortify the seawall against wave attack by preventing failure of the breakwater and reducing erosion at McGee Beach". A conceptual-level opinion of probable cost was developed for the improvements, with the construction cost estimated to be approximately$2,770,000 and the total project cost (including engineering and permitting) estimated to be approximately$3,706,000. Key Project Considerations: Additionally in the HDR study, the following key considerations were also taken into account that affect this scope of work: • Limited topographic/bathymetric data was available for developing the project concept. Obtaining and analysis of more detailed site data may result in different requirements for the project. • The envisioned breakwater cap would be 6 ft.wide and 12 ft. high.The cap would be constructed over the existing cap where possible. More rigorous assessment may result in different dimensional requirements and/or identification of additional necessary work. Exhibit A Page 2 of 8 • An opportunity to improve water quality within the marina may be created by this project. Water quality may be improved by installing culverts through the breakwater and/or improving existing water exchange. Water quality improvement opportunities should be investigated during preliminary design. • The length of the cap (1,800 ft.) in HDR's proposed layout matches that of the existing cap. Depending on available funding, a longer or shorter cap may be opted for. • The effects of breakwater settlement, land subsidence, and sea level rise over the long-term life of the breakwater improvements should be carefully considered.These considerations should be applied with detailed wave calculations to assess wave run-up, overtopping, and transmission for different breakwater crest, water level, and wind scenarios. In addition, the higher the cap projects above the rock, the greater the wave loads will be on the cap, so structural design of the cap will need to consider these wave loads. Scope of Work: Improvements to the McGee Beach Breakwater will consist of demolishing the existing elevated concrete cap and constructing a new breakwater and concrete cap in its place. It is LAN's understanding that the existing rock breakwater and cap will be repaired and raised. We also understand that the concrete cap will not serve as an ADA pedestrian walkway. These improvements will help fortify the seawall against wave attack by preventing failure of the breakwater and excessive erosion of McGee Beach. Scope of work will consist of constructing and placing rock ballast to fill gaps between larger stone and provide for a base for the new concrete cap.This new concrete cap would be wider and higher than the original. LAN proposes the following tasks: • Task 1— Preliminary Engineering/ Design Memorandum • Task 2—60% Design Services • Task 3— 100% Design Services • Task 4— Bid Phase Services • Task 5—Construction Phase Services Exhibits 1—Project Area Task 1— Preliminary Engineering/ Design Memorandum LAN will outline the design criteria for the project in the form of Design Memorandum document. This document will outline the Basis of Design (BOD) and key assumptions for the design and analysis of the breakwater rehabilitation project. Frontier Surveying, Inc (FSI) will perform survey services during this task and the survey work will be completed by the end of this task. The survey will include both bathymetric and topographic surveying work. The breakwater surface and approximate limits of the rubble will be delineated to aid with Exhibit A Page 3 of 8 preparation of the construction documents. The bathymetry of the bay on both sides of the breakwater will be surveyed. LAN will perform a cursory review of the permitting requirements for the project. This review does not include meeting with agencies with jurisdiction over the breakwater or preparing permitting documents. A summary of findings from this review will be will be provided in the DM. LAN will perform review of the ADA requirements for the breakwater rehabilitation project and provide recommendations to the City concerning these requirements. It is our understanding the breakwater is not for public access and is not intended for ADA access. LAN will 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. Deliverables for this task include the DRAFT and FINAL design memorandum in report format and 30% level drawings limited to the general and site layout drawings attached to the report in the appendix. At the conclusion of the task, it is assumed the City will review the DRAFT LAN submittal and provide comments and those comments will be incorporated into a FINAL Design Memorandum and the 60% design. Any significant modifications or additions to the work should be addressed at this time. Task 2—60% Design Services LAN will perform Coastal and Civil engineering design to determine the required improvements to the breakwater using the outlined criteria in the BOD established in the design memorandum task. The Coastal design will include a desk top study of the meteorological and oceanographic (metocean) characteristics of the surrounding bay for the design of the rehabilitation for the breakwater. The metocean characterization will consist of a desktop-level assessment of local tides, wind and waves. Metocean data will be gathered from readily-available sources;field data collection is not included in this scope of work. The local wave and current analysis will be conceptual and based on basic analytical approaches; numerical modeling is not included in this scope of work. The metocean characterization is for use during the civil engineering design to determine the required gradation of the rubble for the breakwater rehabilitation. Currently, the City is modifying the pier that leads to the existing breakwater. LAN will coordinate with the City to determine the interface requirements for the breakwater to connect to the new pier. As part of this task, LAN requests that the City supply the current plans from the pier contract for LAN review of the proposed pier design to determine the interface requirements for the breakwater project. This task Exhibit A Page 4 of 8 is limited to design features on the breakwater project and does not include design modifications for the pier project. The design will include the new concrete cap and the determination of the requirements of the rock for the breakwater rehabilitation. Deliverables for this task include the following items: • 60% OPCC • Specifications Table of Contents • Bid Form • 60% Drawings 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. Task 3— 100% Design Services In this task, LAN will finalize the design documents to the 100% level and issue the final documents ready for bid. At the conclusion of the task, it is assumed the City will provide additional comments prior to be issued for bid. Deliverables for this task include the following items: • 100%OPPC • 100%Specifications • Completed Bid Form • 100% Drawings • Electronic documents to upload to CivCast Task 4— 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. Deliverables for this task include the following items: • Bid Tabulation • Contract Addenda as required Exhibit A Page 5 of 8 Task 5—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, provide a monthly submittal log,and provide limited construction observation services. For this proposal, LAN assumes two site visits per month (4 hours/each) for the duration of the project (6 1/2 months). LAN will prepare a Close-Out Project Summary at the end of the project, which will summarize all of the change orders issued by the City, including the cause and cost. LAN will prepare a site visit report for each site visit and minutes for each of the construction progress meetings they attend. Opinions of Probable Construction Costs LAN will perform conceptual cost estimating to determine opinion of probable construction costs for the breakwater rehabilitation project during the 60%design and 100%task. 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. Upon your approval, LAN will meet with a local marine contractor to obtain a review of the costs opinions and to obtain their validation of our opinion of costs. Assumptions This Proposal is based on the following assumptions: • Lighting, fishing cleaning stations, and water utilities are not a part of the breakwater repair project. • Excludes the following engineering design services: o Electrical engineering design for lighting along the breakwater. o Water utility design for existing fish stations and design of new fish cleaning stations. o Geotechnical engineering and field investigations. o Permitting services Exhibit A Page 6 of 8 Deliverables The following table summarizes the deliverables required during the course of the project: List of Engineering Submittals Submittal Item: Submittal Description: Design Review One Electronic copy, in PDF format of the documents. LAN has Meeting included time for three Design Review meetings following the Minutes, conclusion of the Design Memorandum and 60% Design Task. Agendasand Sign-in sheets Design Two hard copies and One electronic copy(in PDF format via email) of Memorandum 11x17 drawings and 8.5 x 11 documents of the DRAFT and FINAL design memorandum submittals. The purpose of DRAFT submittal is to allow the City to perform an internal review of the work in progress and provide comments / recommendations. Any significant modifications or additions to the work should be addressed at this time. LAN will incorporate comments into the FINAL Design Memorandum and the 60% design task. LAN has included time for one round of review by the City of the documents. 60% Design Two hard copies and One electronic copy(in PDF format via email) of Package 11x17 drawings and 8.5 x 11 documents of the OPPC, Bid Form and Specifications TOC. The submittal will be submitted in a draft format for the City to review and provide comments. LAN will incorporate comments during the 100% design task. LAN has included time for one round of review by the City of the documents. 100% Design Two hard copies and One electronic copy(in PDF format via email) of Package 11x17 drawings and 8.5 x 11 documents of the OPPC, Bid Form and Specifications. The submittal will be submitted in a final format ready for the City issue for bid. LAN has not included time for review by the City of the final documents. Bid Phase Two hard copies and One electronic copy(in PDF format via email) of Services 8.5 x 11 documents of the contract addenda and/or responses to questions required during the bidding phase. One electronic copy (in PDF and XLSX format via email) of 8.5 x 11 documents of the bid tabulation form. Exhibit A Page 7 of 8 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.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 breakwater system • Existing LiDAR,conventional topographic survey data in the project area, City control benchmarks and coordinates • Existing hydrologic/ hydraulic or coastal wave models developed by others Project Schedule Item No Task Description Task Duration Cumulative Project Schedule 1 NTP 0 Weeks 0 Weeks 2 Bathymetric and Topographic Surveying 5 Weeks 5 Weeks 3 Design Memorandum Draft 8 Weeks 13 Weeks 4 City of Corpus Christi Review Period 3 Weeks 16 Weeks 5 Final Design Memorandum 2 Weeks 18 Weeks 6 60% Design 8 Weeks 26 Weeks 7 City of Corpus Christi Review Period 3 Weeks 29 Weeks 8 100% Design Draft- Interim Seal 6 Weeks 35 Weeks 9 City of Corpus Christi Review Period 3 Weeks 38 Weeks 10 100%- Engineer Signed/Sealed 2 Weeks 40 Weeks 11 Bid Phase Services 4 Weeks 44 Weeks Exhibit A Page 8 of 8 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. 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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 CITE PURCHASING DIVISION City o1- 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: Lockwood,Andrews & Newnam,Inc. P. O.BOX: STREET ADDRESS: 500 N. Shoreline, Ste 905 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 si ` de 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 EXHIBIT "D" Page 1 of 2 FILING REQUIREMENTS If a person who requests oftucial action on a matter knows that the reucsted action will confer an economic benefit on any City official or cmpJoyce that is distinguishable troni the effect that the action will have on members of the public in acne al or a substantial segment thereof,you shall disclose that fact in a signed writing. to the City olficrai „ employee or body that has been requested to act in the matter, unless the interest of the.City official or em�a loyee in the,inatter is, ippau-ent. l lae disclosure shall also be. made in a signed writing bled with the City aecre(au'y. [Ethics Ordinance Section 2-349(d)] CERTIFICATION 1 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 supplernental statements will be promptly submitted to the("It y of"Corpus Clarrstr,Texas as changes occur. Certifying Person: Stephen Gilbreath Title: Vice President (Type or Print) Signature of Certifying , ' Date: (—� Person: " � 12-1 ) b 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" Pa e 2 of 2 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1—Definitions and Terminology .......................................................................................................2 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 Exhibit F Page 1 of 14 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. A term with initial capital letters, including the term's singular and plural forms, has the meaning indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined,terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement -The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment-The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid -The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents-The Bidding Requirements,the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements -The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds- Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. Excerpt from Form 00 72 00 General Conditions-2 Exhibit F Page 2 of 14 13. Change Proposal -A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim -A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern -Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products,wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act,42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract -The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents-Those items designated as Contract Documents in the Agreement. 20. Contract Price-The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. Excerpt from Form 00 72 00 General Conditions-3 Exhibit F Page 3 of 14 21. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor-The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team -Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work-The sum of costs incurred for the proper performance of the Work as allowed by Article 13. 25. Defective-When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or C. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 15.03 or 15.04. 26. Designer-The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers or Registered Architects qualified to practice their profession in the State of Texas. 27. Drawings -The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract-The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition -The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. Excerpt from Form 00 72 00 General Conditions-4 Exhibit F Page 4 of 14 31. Indemnified Costs-All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. 32. Laws and Regulations; Laws or Regulations -Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens -Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification -Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; C. Field Order; or d. Work Change Directive. 36. Notice of Award -The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed -A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner-The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer(the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR-The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees- Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's 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 Exhibit F Page 5 of 14 43. Progress Schedule -A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 44. Project-The total undertaking to be accomplished for Owner under the Contract Documents. 45. Resident Project Representative or RPR -The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents-A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values -A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder-The Bidder to which Owner intends to award the Contract. 50. Shop Drawings-All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site- Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications-The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor-An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion -The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions-The part of the Contract that amends or supplements the General Conditions. 56. Supplier-A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data -Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; Excerpt from Form 00 72 00 General Conditions-6 Exhibit F Page 6 of 14 b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or C. Hazardous Environmental Conditions at the Site. 58. Underground Facilities-All underground pipelines, conduits, ducts, cables,wires, manholes, vaults,tanks,tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, steam, liquid petroleum products,telephone or other communications,fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work-Work to be paid for on the basis of unit prices. 60. Work-The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive -A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense," or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms "day" or"calendar day' mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. Excerpt from Form 00 72 00 General Conditions-7 Exhibit F Page 7 of 14 E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2—PRELIMINARY MATTERS ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional Excerpt from Form 00 72 00 General Conditions-8 Exhibit F Page 8 of 14 details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual/administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5—AVAILABILITY OF LANDS;SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before Excerpt from Form 00 72 00 General Conditions-9 Exhibit F Page 9 of 14 further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or 4. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 2. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 3. Locating Underground Facilities shown or indicated in the Contract Documents; 4. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and Excerpt from Form 00 72 00 General Conditions- 10 Exhibit F Page 10 of 14 5. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents, or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. C. The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6—BONDS AND INSURANCE ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES ARTICLE 8—OTHER WORK AT THE SITE ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D and 15.06.D. Excerpt from Form 00 72 00 General Conditions- 11 Exhibit F Page 11 of 14 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections,Tests, and Approvals A. OPT's responsibility with respect to certain inspections,tests, and approvals are described in Paragraph 14.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of Excerpt from Form 00 72 00 General Conditions- 12 Exhibit F Page 12 of 14 the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 14. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 14. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Articles 11. D. OAR's authority related to Applications for Payment is described in Articles 13 and 15. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual/administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 14.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual/ administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. Excerpt from Form 00 72 00 General Conditions- 13 Exhibit F Page 13 of 14 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12—CLAIMS ARTICLE 13—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK ARTICLE 14—TESTS AND INSPECTIONS;CORRECTION, REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 15—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 16—SUSPENSION OF WORK AND TERMINATION ARTICLE 17—FINAL RESOLUTION OF DISPUTES ARTICLE 18—MISCELLANEOUS END OF SECTION Excerpt from Form 00 72 00 General Conditions- 14 Exhibit F Page 14 of 14 se �' as 0 E AGENDA MEMORANDUM Future Item for the City Council Meeting of February 27, 2018 "`°RP°pp`E° Action Item for the Cit Council Meeting of March 20, 2018 1852 y g DATE: February 19, 2018 TO: Margie C. Rose, City Manager THRU: Sylvia Carrillo-Trevino, Assistant City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361)826-3227 Notice of Intention to Issue Taxable Certificates of Obligation for Solid Waste CAPTION: Resolution by the City Council of the City of Corpus Christi, Texas, authorizing and approving publication of Notice of Intention to issue not more than $7,500,000 in Certificates of Obligation for Solid Waste System improvements; complying with the requirements contained in Securities and Exchange Commission Rule 15c2-12; and providing an effective date. PURPOSE: The City plans on issuing up to $7,500,000 of taxable certificates of obligation to construct Sector 3C disposal cell at the Cefe Valenzuela Landfill. BACKGROUND AND FINDINGS: The current developed disposal space at Cefe Valenzuela Landfill is predicted to be exhausted in September 2018 based upon historical average disposal rates and recent increases due to Hurricane Harvey debris disposal. On January 23, 2018, a presentation was made to the City Council indicating that construction of the next disposal cell, Sector 3C, will be expedited with the goal of providing new disposal space prior to the exhaustion of the current disposal capacity. Construction of the new cell (with incidentals) is estimated to cost $7,500,000. The City plans on issuing Certificates of Obligation in an amount not to exceed $7,500,000. State law requires that a notice of intention be published when Certificates of Obligation are to be sold. The notice must be published once a week for two consecutive weeks in a newspaper, with the date of the first publication to be before the 30th day before the date tentatively set for the passage of the ordinance authorizing the issuance of the certificates. The ordinance authorizing the issuance of the first series of certificates is tentatively scheduled as a first reading on May 8, 2018 with a second and final reading on May 15, 2018. The City anticipates publishing this notice in the Corpus Christi Caller-Times on Sunday, March 25, 2018 and Sunday, April 1, 2018. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Solid Waste Services • Financial Services • Bond Counsel • City Attorney's Office FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - $ 7,500,000 - $ 7,500,000 Encumbered/Expended amount of(date) - - - - This item - $ 7,500,000 - $ 7,500,000 BALANCE - - - - FUND(S): CIP Fund COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS AUTHORIZING AND APPROVING PUBLICATION OF NOTICE OF INTENTION TO ISSUE NOT MORE THAN $7,500,000 IN CERTIFICATES OF OBLIGATION FOR SOLID WASTE SYSTEM IMPROVEMENTS; COMPLYING WITH THE REQUIREMENTS CONTAINED IN SECURITIES AND EXCHANGE COMMISSION RULE 15c2-12; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the City Council) of the City of Corpus Christi, Texas (the City) has determined that it is advisable and necessary to issue and sell one or more series of certificates of obligation (the Certificates) as taxable or tax-exempt obligations and in an aggregate amount not to exceed $7,500,000 as provided pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code, Section 271.041 through Section 271.064, for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to-wit: (1) the construction of improvements to the City's solid waste facilities, including (without limitation) paying contractual obligations to be incurred with respect to the construction of a waste disposal cell at the Cefe Valenzuela Landfill, (2) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-way for authorized needs and purposes relating to the aforementioned facilities; and (3)the payment of professional services related to the design, construction, management and financing of the aforementioned projects; and WHEREAS, prior to the offering, sale, and issuance of the Certificates, the appropriate officials of the City must review and approve the distribution of a "deemed final" preliminary official statement (the Oficial Statement) in order to comply with the requirements contained in 17 C.F.R. §240.15c2-12 (the Securities and Exchange Commission Rule); and WHEREAS, based upon their review of the Official Statement, the appropriate officials of the City must find to the best of their knowledge and belief, after reasonable investigation, that the representations of facts pertaining to the City contained in the Official Statement are true and correct and that, except as disclosed in the Official Statement, there are no facts pertaining to the City that would adversely affect the issuance of the Certificates or the City's ability to pay the debt service requirements on the Certificates when due; and WHEREAS, the City Council will comply with the requirements contained in the Securities and Exchange Commission Rule concerning the creation of a contractual obligation between the City and the proposed purchaser(s) of the Certificates (the Purchasers) to provide the Purchasers with an Official Statement in a time and manner that will enable the Purchasers to comply with the distribution requirements and continuing disclosure requirements contained in the Securities and Exchange Commission Rule; and WHEREAS, the City Council authorizes the Mayor, Mayor Pro Tem, City Manager, any Assistant City Manager, the Director of Financial Services, the City Secretary, and the City Attorney, as appropriate, or their designees, to review, approve, and execute any document or 29606093.8 certificate in order to allow the City to comply with the requirements contained in the Securities and Exchange Commission Rule; and WHEREAS, prior to the issuance of the Certificates, the City Council is required to publish notice of its intention to issue the Certificates in a newspaper of general circulation in the City, such notice stating (i) the time and place the City Council tentatively proposes to pass the ordinance authorizing the issuance of the Certificates, (ii) the maximum amount proposed to be issued, (iii)the purposes for which the Certificates are to be issued, (iv) and the manner in which the City Council proposes to pay the Certificates; and WHEREAS, the City Council hereby finds and determines that such documents pertaining to the sale of the Certificates should be approved, and the City should proceed with the giving of notice of intention to issue the Certificates in the time, form, and manner provided by law; and WHEREAS, the City Council hereby finds and determines that the adoption of this Resolution is in the best interests of the residents of the City; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be published of the City Council's intention to issue the Certificates in an amount not to exceed $7,500,000 for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to-wit: (1) the construction of improvements to the City's solid waste facilities, including (without limitation) paying contractual obligations to be incurred with respect to the construction of a waste disposal cell at the Cefe Valenzuela Landfill, (2) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-way for authorized needs and purposes relating to the aforementioned facilities; and (3)the payment of professional services related to the design, construction, management and financing of the aforementioned projects. The Certificates will be payable from the levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable property within the City and additionally from a pledge of and lien on certain revenues derived from the operation of the City's solid waste management system. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A attached hereto, which notice is incorporated herein by reference as a part of this Resolution for all purposes. SECTION 2: The City Secretary shall cause the notice described in Section 1 to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication shall be at least thirty (30) days prior to the date stated therein for passage of the ordinance authorizing the issuance of the Certificates. SECTION 3: The Mayor, Mayor Pro Tem, City Manager, any Assistant City Manager, the Director of Financial Services, the City Secretary, and the City Attorney, as appropriate, or their designees, are authorized to review and approve the Official Statement pertaining to the 29606093.8 -2- offering, sale, and issuance of the Certificates and to execute any document or certificate in order to comply with the requirements contained in the Securities and Exchange Commission Rule. SECTION 4. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 5: All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 6: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 7: If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 8: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 9: This Resolution shall be in force and effect from and after the date of its adoption, and it is so resolved. [The remainder of this page intentionally left blank.] 29606093.8 -3- PASSED AND APPROVED, this the 20th day of March, 2018. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS 20th DAY OF MARCH, 2018: Miles Risley, City Attorney 29606093.8 S-1 THE STATE OF TEXAS )( COUNTY OF N UECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 20th day of March, 2018, relating to establishing the City's intention to publish a notice of intention concerning the issuance of certificates of obligation, which Resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 5 51. EXECUTED UNDER MY HAND AND SEAL of said City, this the 20th day of March, 2018. City Secretary (CITY SEAL) 29606093.8 S-2 The foregoing resolution was read and passed on this the 20th day of March, 2018, by the following vote: Rudy Garza Ben Molina Paulette Guaj ardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel Carolyn Vaughn Joe McComb PASSED AND APPROVED, this the 20th day of March, 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 29606093.8 S-3 Exhibit A NOTICE OF INTENTION TO ISSUE CITY OF CORPUS CHRISTI, TEXAS CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that the City Council of the City of Corpus Christi, Texas will convene at its regular meeting place in the City Hall in Corpus Christi, Texas, beginning at 11:30 A.M., Corpus Christi, Texas time on Tuesday, May 8, 2018, to consider at its first reading, and beginning at 11:30 A.M., Corpus Christi, Texas time on Tuesday, May 15, 2018, to consider at its second and final reading the passage of an ordinance or ordinances and take such other actions as may be deemed necessary to authorize the issuance of one or more series of certificates of obligation in an aggregate principal amount not to exceed $7,500,000 for the purpose or purposes of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to-wit: (1) the construction of improvements to the City's solid waste facilities, including (without limitation) paying contractual obligations to be incurred with respect to the construction of a waste disposal cell at the Cefe Valenzuela Landfill, (2) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-way for authorized needs and purposes relating to the aforementioned facilities; and (3)the payment of professional services related to the design, construction, management and financing of the aforementioned projects. The certificates of obligation (the Certificates) will be payable from the levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable property within the City and from a lien on and pledge of certain revenues derived by the City from the operation of the City's solid waste management system. The Certificates are to be issued, and this notice is given, under and pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code Section 271.041 through Section 271.064, Subchapter G of Chapter 363, as amended, Texas Health and Safety Code, and the City's Home Rule Charter. /s/ Rebecca Huerta City Secretary, City of Corpus Christi, Texas 29606093.8 A-I se �' as 0 E COOPOPAGENDA MEMORANDUM NPS ED 1852 Future Item for the City Council Meeting of February 27, 2018 Action Item for the City Council Meeting of March 20, 2018 DATE: February 19, 2018 TO: Margie C. Rose, City Manager THRU: Sylvia Carrillo-Trevino, Assistant City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361)826-3227 Notice of Intention to Issue Tax-Exempt Certificates of Obligation for Streets and Facilities CAPTION: Resolution by the City Council of the City of Corpus Christi, Texas, authorizing and approving publication of Notice of Intention to issue not more than $11,650,000 in Certificates of Obligation for certain street and facility improvements; complying with the requirements contained in Securities and Exchange Commission Rule 15c2-12; and providing an effective date. PURPOSE: The City plans on issuing up to $9,650,000 of certificates of obligation to finish the remaining 2014 Bond Projects. Additionally, the City plans on issuing up to $2,000,000 of certificates of obligation for the purpose making permanent public improvements to City facilities. These will be sold in one issuance totaling $11,650,000. BACKGROUND AND FINDINGS: Bond 2014 Projects: At the August 16, 20167 City Council meeting, the City Council discussed issuing certificates of obligation to complete three projects from Bond 2014. The projects discussed were as follows: • Rodd Field & Yorktown $379007000 • Six Points 377507000 • Street Lighting Improvements 2,000,000 9.650.000 Additionally on January 24, 2017, the City Council approved a resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds from the proceeds one or more series of tax-exempt or taxable obligations to be issued by the City in an aggregate amount not to exceed $9,650,000 for authorized purposes relating to constructing various City improvements. This agenda item is the first step in the process to acquire the funding for these projects. Facilities: The City's Facilities Department has reviewed project needs throughout the City's inventory. Major immediate needs include roofs, chillers, and other improvements recently impacted and exacerbated by Hurricane Harvey. The $2,000,000 would address the most immediate needs city-wide. To fund both the Bond 2014 projects and the facility improvements, the City plans on issuing Certificates of Obligation in an amount not to exceed $11,650,000. State law requires that a notice of intention be published when Certificates of Obligation are to be sold. The notice must be published once a week for two consecutive weeks in a newspaper, with the date of the first publication to be before the 30th day before the date tentatively set for the passage of the ordinance authorizing the issuance of the certificates. The ordinance authorizing the issuance of the first series of certificates is tentatively scheduled as a first reading on May 8, 2018 with a second and final reading on May 15, 2018. The City anticipates publishing this notice in the Corpus Christi Caller-Times on Sunday, March 25, 2018 and Sunday, April 1, 2018. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Facilities Department • Engineering Services • Financial Services • Bond Counsel • City Attorney's Office FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - $ 11,650,000 - $ 11,650,000 Encumbered/Expended amount of(date) - - - - This item - $ 11,650,000 - $ 11,650,000 BALANCE - - - - FUND(S): CIP Fund COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS AUTHORIZING AND APPROVING PUBLICATION OF NOTICE OF INTENTION TO ISSUE NOT MORE THAN $11,650,000 IN CERTIFICATES OF OBLIGATION FOR CERTAIN STREET AND FACILITY IMPROVEMENTS; COMPLYING WITH THE REQUIREMENTS CONTAINED IN SECURITIES AND EXCHANGE COMMISSION RULE 15c2-12; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the City Council) of the City of Corpus Christi, Texas (the City) has determined that it is advisable and necessary to issue and sell one or more series of certificates of obligation (the Certificates) as taxable or tax-exempt obligations and in an aggregate amount not to exceed $11,650,000 as provided pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code, Section 271.041 through Section 271.064, for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to-wit: (1) constructing, renovating, equipping, enlarging, and improving City streets, generally being Rodd Field, Yorktown, and Six Points Intersection (and related utilities repair, replacement, and relocation), including street lighting, curb, gutters, sidewalks, and drainage improvements necessary or incidental thereto; (2) acquiring, purchasing, improving, constructing, renovating, enlarging, extending, equipping, or repairing various City facilities and projects, maintenance facilities, and equipment for City crews and operations (being, primarily, for solid waste services, public works street and storm water and fleet services); (3) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-way for authorized needs and purposes relating to the aforementioned projects; and (4)the payment of professional services related to the design, construction, management and financing of the aforementioned projects; and WHEREAS, prior to the offering, sale, and issuance of the Certificates, the appropriate officials of the City must review and approve the distribution of a "deemed final" preliminary official statement (the Oficial Statement) in order to comply with the requirements contained in 17 C.F.R. §240.15c2-12 (the Securities and Exchange Commission Rule); and WHEREAS, based upon their review of the Official Statement, the appropriate officials of the City must find to the best of their knowledge and belief, after reasonable investigation, that the representations of facts pertaining to the City contained in the Official Statement are true and correct and that, except as disclosed in the Official Statement, there are no facts pertaining to the City that would adversely affect the issuance of the Certificates or the City's ability to pay the debt service requirements on the Certificates when due; and WHEREAS, the City Council will comply with the requirements contained in the Securities and Exchange Commission Rule concerning the creation of a contractual obligation between the City and the proposed purchaser(s) of the Certificates (the Purchasers) to provide the Purchasers with an Official Statement in a time and manner that will enable the Purchasers to 82477240.15 comply with the distribution requirements and continuing disclosure requirements contained in the Securities and Exchange Commission Rule; and WHEREAS, the City Council authorizes the Mayor, Mayor Pro Tem, City Manager, any Assistant City Manager, the Director of Financial Services, the City Secretary, and the City Attorney, as appropriate, or their designees, to review, approve, and execute any document or certificate in order to allow the City to comply with the requirements contained in the Securities and Exchange Commission Rule; and WHEREAS, prior to the issuance of the Certificates, the City Council is required to publish notice of its intention to issue the Certificates in a newspaper of general circulation in the City, such notice stating (i) the time and place the City Council tentatively proposes to pass the ordinance authorizing the issuance of the Certificates, (ii) the maximum amount proposed to be issued, (iii)the purposes for which the Certificates are to be issued, (iv) and the manner in which the City Council proposes to pay the Certificates; and WHEREAS, the City Council hereby finds and determines that such documents pertaining to the sale of the Certificates should be approved, and the City should proceed with the giving of notice of intention to issue the Certificates in the time, form, and manner provided by law; and WHEREAS, the City Council hereby finds and determines that the adoption of this Resolution is in the best interests of the residents of the City; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be published of the City Council's intention to issue the Certificates in an amount not to exceed $11,650,000 for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to-wit: (1) constructing, renovating, equipping, enlarging, and improving City streets, generally being Rodd Field, Yorktown, and Six Points Intersection (and related utilities repair, replacement, and relocation), including street lighting, curb, gutters, sidewalks, and drainage improvements necessary or incidental thereto; (2) acquiring, purchasing, improving, constructing, renovating, enlarging, extending, equipping, or repairing various City facilities and projects, maintenance facilities, and equipment for City crews and operations (being, primarily, for solid waste services, public works street and storm water and fleet services); (3) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-way for authorized needs and purposes relating to the aforementioned projects; and (4)the payment of professional services related to the design, construction, management and financing of the aforementioned projects. The Certificates will be payable from the levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable property within the City and additionally from a pledge of and lien on certain revenues derived from the operation of the City's solid waste management system. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A attached hereto, which notice is incorporated herein by reference as a part of this Resolution for all purposes. 82477240.15 -2- SECTION 2: The City Secretary shall cause the notice described in Section 1 to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication shall be at least thirty (30) days prior to the date stated therein for passage of the ordinance authorizing the issuance of the Certificates. SECTION 3: The Mayor, Mayor Pro Tem, City Manager, any Assistant City Manager, the Director of Financial Services, the City Secretary, and the City Attorney, as appropriate, or their designees, are authorized to review and approve the Official Statement pertaining to the offering, sale, and issuance of the Certificates and to execute any document or certificate in order to comply with the requirements contained in the Securities and Exchange Commission Rule. SECTION 4. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 5: All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 6: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 7: If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 8: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 9: This Resolution shall be in force and effect from and after the date of its adoption, and it is so resolved. [The remainder of this page intentionally left blank.] 82477240.15 -3- PASSED AND APPROVED, this the 20th day of March, 2018. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS 20th DAY OF MARCH, 2018: Miles Risley, City Attorney 82477240.15 S-1 THE STATE OF TEXAS )( COUNTY OF N UECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 20th day of March, 2018, relating to establishing the City's intention to publish a notice of intention concerning the issuance of certificates of obligation, which Resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 5 51. EXECUTED UNDER MY HAND AND SEAL of said City, this the 20th day of March, 2018. City Secretary (CITY SEAL) 82477240.15 S-2 The foregoing resolution was read and passed on this the 20th day of March, 2018, by the following vote: Rudy Garza Ben Molina Paulette Guaj ardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel Carolyn Vaughn Joe McComb PASSED AND APPROVED, this the 20th day of March, 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 82477240.15 S-3 Exhibit A NOTICE OF INTENTION TO ISSUE CITY OF CORPUS CHRISTI, TEXAS CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that the City Council of the City of Corpus Christi, Texas will convene at its regular meeting place in the City Hall in Corpus Christi, Texas, beginning at 11:30 A.M., Corpus Christi, Texas time on Tuesday, May 8, 2018, to consider at its first reading, and beginning at 11:30 A.M., Corpus Christi, Texas time on Tuesday, May 15, 2018, to consider at its second and final reading the passage of an ordinance or ordinances and take such other actions as may be deemed necessary to authorize the issuance of one or more series of certificates of obligation in an aggregate principal amount not to exceed $11,650,000 for the purpose or purposes of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to-wit: (1) constructing, renovating, equipping, enlarging, and improving City streets, generally being Rodd Field, Yorktown, and Six Points Intersection (and related utilities repair, replacement, and relocation), including street lighting, curb, gutters, sidewalks, and drainage improvements necessary or incidental thereto; (2) acquiring, purchasing, improving, constructing, renovating, enlarging, extending, equipping, or repairing various City facilities and projects, maintenance facilities, and equipment for City crews and operations (being, primarily, for solid waste services, public works street and storm water and fleet services); (3) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-way for authorized needs and purposes relating to the aforementioned projects; and (4)the payment of professional services related to the design, construction, management and financing of the aforementioned projects. The certificates of obligation (the Certificates) will be payable from the levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable property within the City and from a lien on and pledge of certain revenues derived by the City from the operation of the City's solid waste management system. The Certificates are to be issued, and this notice is given, under and pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code Section 271.041 through Section 271.064, Subchapter G of Chapter 363, as amended, Texas Health and Safety Code, and the City's Home Rule Charter. /s/ Rebecca Huerta City Secretary, City of Corpus Christi, Texas 82477240.15 A-I Se o� A U NORPgRpEO AGENDA MEMORANDUM 1852 City Council Meeting of February 27, 2018 DATE: February 23, 2018 TO: Margie C. Rose, City Manager FROM: Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com (361) 826-3082 Public Private Partnerships STAFF PRESENTER(S): Name Title/Position Department 1. Mark Van Vleck Assistant City Manager Executive Offices OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Noe Hinojosa Financial Advisor Estrada Hinojosa BACKGROUND: The City's new financial advisor will present to council information as related to Public Private Partnerships. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Not included in packet CITY COUNCIL EXECUTIVE SUMMARY , - Council Priority. STREETS Presenter(s): Valerie H. Gray, P.E., Executive Director of Public Works Alan Wilson, Chair, United Corpus Christi Chamber of Commerce (UCCC) Residential Streets Committee Meeting Date Agenda Category Legistar ID February 27, 2018 Briefing/Presentation 18-0183 Agenda Title: United Chamber Recommendation for Funding of Residential Streets SUMMARY ➢ United Corpus Christi Chamber of Commerce (UCCC) Residential Streets Committee— Findings and recommendations for funding residential street repair SUPPORTING DOCUMENTS ➢ Presentation FUTURE ACTIONS ➢ None VG/asg Rev.2—02/21/18 Alan Wilson, Chair Deven 6hakb Enc Villarreal Gabe Guerra - - ]aM1n Michael Leah Olivarri Tom Niskala • For United Chamber to provide recommendations on funding of residential streets reconstruction (May 2017). • Committee appointed by UCCC Boartl Chair began meeting in July. • Substantial input antl assistance from City Staff. Outside speaker — Toby Futrell. Review of work of previous committees and other information. Estimated $800 million (2015 dollars) to meet existing rehabilitation and reconstruction needs for residential streets. Committee set goal of minimum of $20 million per year dedicated to this need . Ily Looked at many different potential sources of funding including RTA, local fuel tax and number of others which will be reviewed. Ily Ager much discussion developed recommendations [hat will be presenTed To you Today. II� UCC[ Infrastructure Committee and Board of Directors supports endaTions and has successful history of vocal support of vote approved City Bond and Sales Taxes initiatives. Continue to utilize portion of Industrial District revenue (2021=$541,000 annually). Implement voter approved 2¢+2¢+2¢ tax rate T (= approximately $3.41114annually firs[ year growing [o $10.2 M in 2021) — to the dedicated street fund). Inclutle minimum of $5.5 million annually in bond programs for residential streets Increase residential $olid Waste Fees ($2 in FY 2019 with another $1 in FY 2020 and $1 in FY 2021 for total of $4.1 million annually). Total produced in FY 2021 = est. $20.4 M annually. In terms of services provided with weekly pickup, recycling, disposal and brush/ materials collection, solid waste is a "bargain" as compared to fees for other types of public and private services. Compared to other cities in Texas our rates are in the middle or on the low side --------------------------- • Even with an increase of$4, our fees would 00 be equivalent to San Antonio & Brownsville IN IN r Raaf l�J In FY 1985 Police antl Fire/Ambulance expentlitures = All of General Fund (non-Debt Service) Property Tax Revenue + I]^/o of General $ales Tax. In FY 2018 Police and Fire/Ambulance expenditures (General Fund only): All of Vroperty 1Taz Revenues ($]2 million) ; All Cublic Safety Service Revenues ($14.5 million); 83% of General Sales 1Tac ($54 million); Or 92% of all property and salestaxes (with Public Safety Revenues W ken into account). • Other fees & revenues required to fund all types of activities (streets, parks, etc.) . Only $10 million of General Property and Sales remains all funding of Public Safety. • Crime Control Sales Tax and expenditures not included in above but provides additional funding for Police (FY 2018 - $6.6M). • Fire and Ambulance expenditures growing at 184% the increase in General Properly Tax and Sales Tax revenues. • Police budget also outpacing the increases at rate that is almost 100% greater than increase in General Property Tax and Sales Tax revenues. The 2012/13 Street Finance Committee noted that over the last 30 years the increase in public safetyfunding was Dred by a decrease in street repair/maintenance fund ngr Same [rend is seen in many other cities. Meanwhile: • Other costs increasing (insurance, e[c.); • Over 65 exemptions and property tax freeze in place and increasing in terms of lossto propeHy Wx income; Equivalent of +5.7cents on property Tax rate • Over 65 population up 50°o from 1990 [0 2,010 and estimatedto double from 1990 to 2020. IU • Previous Council Pledged General Fund Budget Dollars. • Revised and Enhanced Assessment Program Might provide some footling or help with prioritization. • Sales Tax (Arena expires in 2025 & Seawall expires in 2026 ) So even if voTer approved some or all to sheets, revenue would not be available for 9-10 years. • Rollback of Over 65 Exemption (now 10% of value with total exemption up to $50,000 in addition to Homestead, Veteran, other). ul • State approval of Local Fuel Tax — State Legislature must allow and state voters mus[ approve. • RTA increase — RTA contract with cityfor payment for wear antl tear on streets which go to SPMP fund. Equates to approximately9% of all sales tax ireceived by RTA. (And, RTp A also rm provides aount eq al to another 1"/a to other cities served for wear antl tear.) Equalro $2.JM (201]) .............. with $ going to arterials/collectors as legally required RTA spends tlollars for eligible sidewalks ($485111K in 201]). Have taken some major steps forward — • Sheet maintenance fee helps with maintenance of ALL streets as recommended by 2012/13 committee; • Additional sources of footling (Type B sales Wxes) for collectors/arterials rehab; • Bond programs for streets every two years; • Seeing projects completed, underway and beginning; • Special funds (1041 & 1042) established to protect dedicated monies, and • Improved processes and policies [o extend street life and address needs. ' no ll �v Weare not alone - mos[ cities facing similar challenges — ours maybe more acute than some. Looked at how staff approaching street repair/rehab challenges in terms of assessment, procedures, etc. - they have a good system that is being further refined. Cannot stop funding of arterials/collectors! As always, communication antl discussion are key. TO DO NOTHING IS NO TAN OP770N SC o� � U NORPgRpEO AGENDA MEMORANDUM 1852 City Council Meeting of February 27, 2018 DATE: February 13, 2018 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, AICP, CFM, Assistant Director of Planning & ESI DanielMc@cctexas.com (361) 826-7011 Briefing — North Beach Redevelopment Initiative STAFF PRESENTER(S): Name Title/Position Department 1. Daniel McGinn, AICP, CFM Director Planning & ESI 2. Keren Costanzo, AICP, LEED AP Senior City Planner Planning & ESI OUTSIDE PRESENTER(S): Name Title/Position Organization 1. 2. BACKGROUND: The realignment of the Harbor Bridge and associated freeway system creates numerous challenges to the community but also offers tremendous opportunity for growth and redevelopment. In order to seize this moment and take full advantage of opportunities on North Beach, the City hired Gateway Planning to lead a planning effort that outlined redevelopment concepts and engaged the North Beach community for input. Following Council direction given during the August 15, 2017 City Council meeting, staff worked with Gateway Planning to update the redevelopment concept to ensure all redevelopment ideas have been considered for the North Beach area. Staff held a community Open House on North Beach on February 15, 2018 to present the updated redevelopment concepts and gather community feedback. LIST OF SUPPORTING DOCUMENTS: PowerPoint— North Beach Redevelopment Initiative EXHIBIT A— North Beach Redevelopment Initiative Alternative 1 EXHIBIT B - North Beach Redevelopment Initiative Alternative 2 EXHIBIT C—Capital Improvement Projects Map EXHIBIT D—Capital Improvement Projects List North Beach Redevelopment Initiative r� City Council Presentation February 27, 2018 w Alternative 1 - North r' �glfl�/r!,! Legend 1 Single Family Detached 2 Multi-Family 3 Single Family Attached 4 Retail/Office 5 Hotel/Hospitality 6 Mixed Use 7 Restaurant/Deshnation 8 Eco-Destination , r (a)Dolphin Viewing (b)Burd Watching (c)WetlandlWaterAmenity 9 Texas State Aquarium 10 USS Lexington 11 Bioswale and TrailJAP 7 / 12 Harbor Bridge 13 City Park Entry y�/; I // t,� 14 Potential Tounsm Destination fes" / ,-*. �.-v '•,�� / /F 15 ar no tru �yI r r 2 �x r Center Alternative 1 - i WV,/r/' 2jAir % IF Legend 1 Single Family Detached y 2 Multi-Family 3 Single Family Attached A Retail/Office 5 Hotel/Hospitality 6 Mixed-Use 7 Restaurant/Destination 8 Eco-Destination (a)Dolphin Viewing (b)Bird Watching (c)Wetland/Water Amenity / 1 7 � � � r r" ��✓ ' 9 Texas State Aquarium 10 USS Lexington 11 Bioswale and Trail � 12 Harbor Bridge 13 City Park Entry 14 Potential Tourism Destination Parkina Structure X Yl, i 3 Alternative 1 - South Legend � 1 Single Family Detached IV?// ✓ /�� is e / 2 Multi-Family �_0 �� /� �, /� ,-/ (, 3 Single Family Attached ���/ T. A Retail/Office 5 Hotel/Hospitality n 6 Mixed-Use 7 Restaurant/Destination 8 Eco Destination (a)Dolphin Viewing (b)Bird Watching j (c)Wetland/Water Amenity ; /®1 9 Texas State Aquarium 10 USS Lexington ,�� �G ,� w 11 Bioswale and Trail/ � Harbor Bridge P /r r 13 City Park Entry Tourism Destination 4 w Alternative 2 - North Legend z nwnulti-F'an,i4y s single;Family Attacried m Ra:i UOfice s r lP ipswrcamr 11>s F�� � �/'/ / -Aa j B Ecco-V)ashnahon C)Dolph ve // ' "„ ( /Vz Oi {b)Bird'JU.I�hut9 (cl VV at nit,i Amenity lenasStlate F,ryGuarium 1 L55 1ad 4In 1N1 Canal and Trail 12 13 City Park I,Iry ,I 14 PptenC ITaYdsm DeSf mala ' iD� f (��" t"k9�b j . +Q �✓✓z 15 Parking Slrncture ��,;�i.. �r�.,, " 9 J� ,y"' 1fi 83oeH Doclks '..� 17 8-k—t— y ' "r �rY 3 5 w r' Alternative 2 - Center Legend /'i�%ii/ �� i i 1 ���� 1 Singly Family Detached z Wild-Family g Single Family Attached 4 RotallrCrrl- 7 S Bcaad R,Stau a tide€t. atl on - immtlon (a)DD7olph 1!e 4 Ila)Blra W.lolhirvg (cl W"d-diMNaterAmen q+ 8 "I"exaa Stat a M,gwarlum 1USS as t11 Canal and Trail 12 Ra 1, e nge 15 City Park Entry �� jr�a/ f�i1, „ye 14 Potential Tourism fest mala / X12C 15 Parking SirucYure ,;�y"�,',/ *f � 3 � , � 1 17 Br®akwatorsMT ...,,. l�` �,r�� � �rG✓ as � "/ � i / y, � i >Y�1�� d� ��SN ✓/ � / � ®/ � 6 4 6 Alternative 2 - South 1%„ � �1 ��y�ll�ly e fituel��Ilfwv f � a r / %� / 'I SlIgI,F—IlyD—h d R t'I(Q(Y' 11 /1/l s ,r (a1D Ipn w g St�tIA f A y f � 0 0551 gi 9t G I ✓IT '� 13 GryP kt�y / r o MI i /� 7 w Alternative 2 - SketchUp Model �x �a f 8 w i , Alternative 2 - SketchUp Model di 9 Capital Improvement Projects - North Propsed CUP List (1)Surfside Blvd.Overlay(completed) (2)T'mon Blvd O l y{c npleted)': f ft (3)Norma h s mm proveents (4)Beacnn mprovemedts (5)"afficCircle F (6)Land Aqlu,n (7)Wetlands Identification (B)G.Irspray Ave Pedestrian and Bike t�nprevements (9)Sea gull Blvd,"tension (10 )pmon Blvd,realignment (11)Connect Wt. and Paul PI. (12)Connect ElmdSt.to Surfside.Blvd. Q (13)Connect Coastal Ave. (la)Storm Water Management ' (15)Ped,,tP d B k Trail ,: l (16)P deertP r is O / (17) Pot fB fAe. (18)Close Po tonof Seagull Blvd. (19)Close Portion ofTmon Blvd r� 2O)Oose Porto ofGUlfbe—Blvd, u) (21)Close Sa,dbsr Ave, fIl (22)Bring Seg 11 Bldt 'llctor Bard LEGEND (28)B g t Y pt d,ptud street , o ded (24)R W.S rf d Blyd y' % Road E�O5Ore3 211 Rnmisoe entSeagull Blvd. alignment 26J E Dest tion 9 (27)r Iph n Park (28)S Sur" de Perk (� � (29)K l Pink Bike/Pedestrian Projects (3O)Pt tia1C se SHPT-15111 u frast ucture New Road Construction Projects (31)call aUC e7tett. .a 4 ...mn P vat,/P bl c Dpp rtmaty - (B2)Breakoat II d New Open Space Prva'/PublicOpportunity v (33)TXDOT street projects 10 Capital Improvement Projects - JN Center Propsed CIP List 117 5.aide Bl d O I Y 4 p l rt d) (2)T'man Blvd O S( pl t d) f (3)Narth Bea h improve t /)!�//"� LB Beach Ave I roo, ents -Y (6 lad Aq t (yl w tl d Id tfi atog (8)Cr I(p mA P d t k d B (9)S gn11 Blvd Ext n do)T BlvaR l4" e IIIIIIIIIIIIIIII 1 1117[ ecrW l tSf dPd BIPII 1111111 I� y o (1a)C ecCEl 3t C S h d. I 1137[ aC, t IA (141St W['M9 t (15)1d I/ d B'k T'I (16)Pedestrian Improuements -Q 117)Cl—Por fR fA (18)Close" f5 9 11 Blvd... G �, {19)CI P rt fTi. Bl d (20)Clv rt fG IPo z Blvd Y (21)Cl Soo,W,A Il ) (22)Bring" g9 g II BI d[ 'llecror 1 �� d ds (23)Bring Stet P to ad,pt,d weeE) t d rds LEGEND (24)R--WS fU Blvd, (25)R ec n'S'A l Blvd. Closures 26)E D 5t ton f d /j� �'^'�W W w....... _ w)o IpB Book j J' � f� Street Realignment 2H),,,&l 4 (29)K Bail / �/ / ✓/ (30)1 talc J eShipmuYr /' /, Bike/Pedestrian Projects �4 5"C � (31)C-A/C ,/J-w, / ;� - New Road Co structio Projects P t/NUN,Opp t ty �� 132)8 kat II d a..Wm.ao m« ..�.> P `re/e bI app rc ty -�/�� j�� New Open Space (33)TxDOT street pro)ec[s �/ � � / 11 " Capital Improvement Projects - JN South PropsedCIP.L t ? t - (1)so rfside Blvd Overig(romp)eted) a (2)Lima. ' o BId©erlaytcompleted) (3) N — emen th B1,bo— 0) BeahA penver ents (5)i ffi C de (6) Land A soon + k f7)yl tlanasIdentlflcation QP Gulfspray Aye.Pedestrian and Bike p ovements i (9)Seagull Blvd E tension (70)T nBlvda Ig'ment rl 01)0 nnect Wal tStand Paul Pl. (12)0 ect Blrn Stt 8affsfde Blvd. (13)ConnetC Qq"a IAve. 1 (14)Storm Water Management (15)Ped,, trdBk Tail (16)Ped estr an Improaments " f771 Clore Potio o F.Okve. � i1 t /Ori LEGEND (18)CI Prti.n f Seaq.11 Blvd J � (19)CI P to 9fT Blvd. Road Closures (20)CI. Po tlo fG.lfpe.,Blvd dkg, •• •••••••• (21)01 se Sandb rA— $trdet Reanment (22)Bring Seagull Blvd.to collector dards (23)B I.g street up to adopted street, zy, Bike/Pedestr an Projects Standard, 23� Neves Road Construction Projects (24)Remove W Surfside Blvd. 12S)Reniove of ent Seagull Blvd. "" ""°°"°" °'"'°" (26)eco Desi nat oo New Open Space°° (z7)Dolphin Park -�- (28)Surfside Park (29)Klwariis Park (30)Potential Cruise Ship Tourism ¢ Infrastructure (31)Canal/Cove/Jet[les- Private/Public Opportunity 'i(32)Breakwater Islands Private/Pubic Opportunity (33)T.DOT street proDerts 12 w / , Open House February 15, 2018 • $800,000 in proposed Bond 2018 for improvements to Beach Ave. • $2 million in proposed Bond 2018 for North Beach Access Improvements .............. rr r�„ A,.• u�vu�j/I ra�a�m m mr �„��as ��� �� �%�%�� � �� �A�xp jjj�/ 9n M p yW I��P�1�I IIiI,I 111�9 gilliii III�I � uv//�✓i�%/ a w yaw +r ��� /'; � /� 13 Exhibit Ad /// /%/%ar %// ,rl ri, rH".: « /y 3 "'/ v„ /r„J ��„ r> / //,r„ „///�✓� ///l„/,.,, �1 I1�6 ,v” I/r ,, /%// �„/. ".. v /. �/, ,,,/. rrr � "Maw”, /-. s'-,�`� i A IN, '#'flo, /j �J,/� jir, r /r„7 /// c ,,�' "IN/ 0 / J y; f jvi'/M W, ,., 1% /rrr,- 1 / r , ,. .. 2 //�/ r r del ," �;,/l�'J, cv rj «i rrrii,,„ /l�o/�l/i//'I'J 11 « %H ,l,�j of „j i��,,i �”„„('f N' '' ,� �✓ , i/rr ” �' �/ /f!i ��/� l��'�F 1 d�✓ " r ' / j / r A� G� �� /� ii s v � „ /U/ r"/ i rqI .rlrP ' l ry 1/ Legend i// 1 Single Family Detached ; pp."«lll�^ 2 Multi-Family 3 Single Family Attached r' 4 Retail/Office r' 5 Hotel/Hospitality lxed-Use 7 Resta estaurant/Desuna4on 10 ' 8 Eco-Destination /r,' r,"/rr ' a)Dolphin p Viewing �j'��%l/lr✓/a%�/r//iv// /D ////�y _ « (b)Bird Watching r / 4011 . etIandlWaterAmern Ty � State 10 USS Lexington 11 Bioswale and Trail � , 'r 12 Harbor Bridge �I,: /rii,/ / r, City ' Y Park Entry 14 Potential Tourism Des4na4on , 15 Parking Structure %5Hli ,, r North Beach Redevelopment Initiative Alternative 1 Corpus Christi,Texas ullllu June 26,2017 Exh r k :i Im JO ,,,,,rr ,, ,; ✓, G J r rlr. Nn/ / /r ,:, r ,. ,��i;i//%/�� ,� --✓i� Iro f��i l �l,;.. � ,..,,. /%, ,/ �0, r.. /,,,:, ,,;,.:: l �IfJ/11,o/�', // � ) r � /rr/r ��/�, /�i///�/�l,i/ ,�,:G ,ri� �,�rl�✓r ��/. .✓l!, // rN 713 ell ME , / f 3 l,1 ii.' � i / ��J,� .,, r/, f ,,, 6Pr '' I',:/� / / �r r / / / �I//I� 6 �ep, �� r c / `M'U%J r/ /.%%%r !!r af�ut�ryl/fy�/'�rrirl f�� •' Q � � ,,� ' ,qv Legend 1 Single Family Detached / / o 2 Multi-Family / r' 3 Single iFamily Attached r / l/Office 5 Hate Mix /Hospitality 6 Mixed-Use //r 7 RestauranUDestination y / r / B Eco Destination Dolphin Viewing IF, Bird Watching � 4, „' / , /110,1 ;( (c)Wetland/Water Amenity 0 Texas State Aquarium 10 USS Lexington / / 1 Canal and Trail ' 12 bBridge „''✓ 13 City Park Entry r/ / 14 Potential Tourism Destination ' r/i/ ,r 15 Parking Structure �r„ //%� / ,✓ rig" %%�%ii r /�%r„ / i;r //i 16 Boat Docks 17 Breakwaters /r /5 /i %%,, North Beach Redevelopment Initiative -Alternative 2 � Corpus Christi,Texas February 8,2018 Exhibit C North Beach Redevelopment Initiative Capital Improvement Projects (Cl Pro sed CIP List (1) Surfside Blvd.Overlay(completed) (2) Timon Blvd.Overlay(completed) (3) North Beach access improvements (4) Beach Ave.Improvements " (5) Traffic Circle (6) Land Aquisition (7) Wetlands Identification (8) Gulfspray Ave.Pedestrian and Bike Improvements (9) Seagull Blvd.Extension (10)Timon Blvd.Realignment (11)Connect Walnut St.and Paul Pl. (12)Connect Elm St.to Surfside Blvd. (13)Connect Coastal Ave. (14)Storm Water Management (15)Pedestrian and Bike Trail (16)Pedestrian Improvements (17)Close Portion of Reef Ave. '� f (18)Close Portion of Seagull Blvd. (19)Close Portion of Timon Blvd: (20)Close Portion ofGulfbreeze Blvd (21)Close Sandbar Ave. (22)Bring Seagull Blvd.to collector ° % standards (23)Bring streets up to adopted street standards i (24)Remove W.Surfside Blvd. a (25)Remove current Seagull Blvd. (26)Eco-Destination (27)Dolphin Park (28)Surfside Park (29)Kiwanis Park (30)Potential Cruise Ship Tourism Infrastructure (31)Canal/Cove/Jetties Private/Public Opportunity i (32)Breakwater Islands- 31� Private/Public Opportunity (33)TxDOT street projects W i LEGEND ' Road Closures Street Realignment p v B Bike/Pedestrian Projects p //✓�y,r New Road Construction Projects '4 New Open Space February 12,2018 D R [7 Exhibit D North Beach Redevelopment Initiative Proposed Capital Improvement Projects List 1 Surfside Blvd.Overlay from Coastal Ave.to Reef Ave.(5,400 If)(completed) 2 Timon Blvd.Overlay from Coastal Ave.to Beach Ave,and from Sandbar Ave.to East Causeway Blvd.(6,350 If)(completed) North Beach access improvements from E.Causeway to Surfside Blvd.:explore curved loop road(1,000 If)or free right turn options(400 If),requires a detailed 3 engineering,cost-comparison,and design process 4 Beach Ave roadway/pedestrian improvements and area beautification from East Causeway to Beach Parking.Dead end at Beach Parking(1,350 If) 5 Construction of Traffic Circle at the intersection of Beach Ave.with Surfside Blvd.and Timon Blvd.including gateway feature with wayfinding(500 If) 6 Land acquisition for roads under current Harbor Bridge from Burleson St.to Breakwater Ave. 7 U.S.Army Corps of Engineers Wetlands Identification for City owned land,right of way,and easements on North Beach 8 Gulfspray Pedestrian and Bicycle infrastructure Improvements from E.Causeway Blvd.to Beach Access.(1,400 If) 9 Extend Seagull Blvd.from Plum St.to Burleson St.(1,100 If) 10 Realign Timon Blvd.from Bushick PI.to Breakwater Ave.(3,000 If) 11 Connect Walnut St.and Paul PI.from E.Causeway Blvd.to New Timon Blvd.alignment(800 If) 12 Connect Elm St.from the New Timon Blvd.alignment(current W.Surfside Blvd.)to Surfside Blvd.(230 If) 13 Connect Coastal Ave.from Seagull Blvd.to Surfside Blvd.(390 If) 14 Storm Water Management in median between Surfside Blvd.and Timon Blvd.running north/south from Coastal Ave.to Beach Ave. (18.5 acres) 15 Pedestrian and bicycle trail along Surfside Blvd.and Timon Blvd.median running north/south from Coastal Ave.to Beach Ave.(10,200 If) 16 Pedestrian improvements from East Causeway Blvd.at Timon Blvd.under Causeway to West Causeway Blvd.and Beach Ave.(2,800 If) 17 Close Reef Ave.from Seagull Blvd.to Timon Blvd.(200 If)(in conjunction with new development) 18 Close Seagull Blvd.north of Beach Ave.(350 If)(in conjunction with new development) 19 Close portion of Timon Blvd.north of Beach Ave.(2,000 If)(in conjunction with Eco Park development) 20 Close Gulfbreeze Blvd.north of Gulden St.(400 If)(in conjunction with Dolphin Park development) 21 Close Sandbar Ave.(700 If)(in conjunction with Eco Park development) 22 Bring Seagull Blvd.to collector standards from Breakwater Ave.to Gulfspray Blvd.(4,700 If) 23 Bring streets up to adopted City standards with ADA sidewalks and drainage(in conjunction with new development) 24 Remove West Surfside Blvd.from Burleson St.to Elm St.(1,600 If) 25 Remove Seagull Blvd.from Burleson St.to Elm St.(1,500 If) 26 Public-Private Partnership Opportunity-Eco-Destination to integrate more open space and serve as wetland mitigation opportunity(35 acres) 27 Dolphin Park Improvements 28 Surfside Park Improvements 29 Kiwanis Park and Community Center Improvements 30 Public-Private Partnership Opportunity-Potential Cruise Ship Tourism Infrastructure 31 Canal,Cove,and Jetties-Private/Public Opportunity 32 Breakwater Islands-Private/Public Opportunity 33 TxDOT projects associated with Harbor Bridge Relocation:street projects under the current bridge-projects TBD *All measurements are approximate February 12,2018 )RAFT SC o� � U NORPgRpEO AGENDA MEMORANDUM 1852 City Council Meeting of February 27, 2018 DATE: February 17, 2018 TO: Margie C. Rose, City Manager THRU: Keith Selman, Assistant City Manager Keith Se(o-)-cctexas.co m 361-826-3878 FROM: Rudy Bentancourt, Director of Housing and Community Development RudyB(a-)cctexas.com 361-826-3021 Affordable Housing Draft Policy STAFF PRESENTER(S): Name Title/Position Department 1. Rudy Bentancourt Director Housing and Community Dev. 2. Bill Green Interim Director Development Services 3. Dan McGinn Assistant Director Environmental/Strategic Initiatives BACKGROUND: City staff will be presenting an Affordable Housing Policy and Program Initiatives. The objective is to discuss the policy and allow staff to receive direction to edit or move forward with an ordinance and adoption. LIST OF SUPPORTING DOCUMENTS: PowerPoint—Affordable Housing Affordable Housing Policy and Program Initiatives Draft Affordable Housing Policy and Program Initiatives Council Briefing ° February 27, 2018 1 Introduction • Definition of Affordable Housing • Research • What does it mean for Corpus Christi • Tying Affordable Housing initiative to existing Plan CC and implementation through policies and program initiatives • Programs in the near future ® What is Affordable Housing • Housing for which the occupant(s) is/are paying no more than 30% of their income for gross housing costs, including utilities. • Affordable Housing, per this draft policy, is the above definition and must include income eligibility guidelines. • Ex: Family of 4 cannot exceed an annual income of $49,700. Monthly housing, with utilities, cannot exceed X1.242.50 1 Research Other Texas Communities • Tying affordable housing to area development plans • Establishing Funding Sources • Policies ✓ Established at local government level • Programs ✓ Increase local funding ✓ Gap Financing ✓ Partnerships ✓ Zoning Ordinances ✓ Land Acquisition ✓ Infill housing ® What does this mean for Corpus Christi 1 • Creation of an Affordable Housing Policy and Program Initiatives ■ Tying initiative Plan CC and implementation of Element 3, Housing and Neighborhoods o Goal 1 — Corpus Christi has a comprehensive housing policy to advise the City on development and quality housing for residents of all income levels in all parts of the city. o Goal 9 — The design of new developments promotes a broader sense of neighborhood and community rather than creating isolated subdivisions or apartment complexes developments with lack of interconnection. ■ Building and Permit fees waivers ;1 Plan CC — Element 3, Housing and Neighborhoods Goal 1: Corpus Christi has a comprehensive housing policy to advise the City on development of quality housing for residents of all income levels in all parts of the city. • Strategy ■ Support a community-based system to develop and implement a housing policy that includes stakeholders from government, the nonprofit sector, and the private sector ;1 Plan CC - Element 3, Housing and Neighborhoods Implementation • Continuation of Homebuyer Assistance Programs ■ Down Payment Assistance Program (Type A) ■ Closing Cost Assistance Program (HOME Program) • Establishing a Gap Financing Program — Funds used Program Income (revenue generated from the HOME Program) • Entering into the development business — Funds used HOME Program Entitlement funds ;1 Plan CC - Element 3, Housing and Neighborhoods Goal 9: The design of new developments promotes a broader sense of neighborhood and community rather than creating isolated subdivisions or apartments complexes developments with lack of interconnection. • Strategy ■ Give consideration to regulations, projects, incentives, and guidelines that promote interconnected development ;1 Plan CC - Element 3, Housing and Neighborhoods Implementation • The City will encourage private sector development of affordable housing by creating a development waiver ordinance. ■ Plat application fees ■ Zoning fees ■ Community Enrichment fees ■ Building permit application fees ■ Building permit inspection fees ■ Water tap fees ■ Wastewater tap fees ■ Gas tap fees 9 Questions • LO "� a� ��a << �� �� �� �if�, ���� i� �I� � `� ��� � , �, ,I ;;y i � � �� � , .� � J �,_. a .�, '� � ��� ~< � ,�W � � �,. i� i���, u �.., �i y .� ��„ mow, ��u�G��� ,Yi �F rr JI`-° o �- �, i �� �� i �. Elm= 1. Affordable Housing Policy and Program Initiatives The City of Corpus Christi will establish local policy and program initiatives to provide affordable housing development by implementing Element 3, Housing and Neighborhoods; Goal 1 and Goal 9 of the PIanCC Comprehensive Plan housing goals and strategies. Local policy and program initiatives will provide housing, community development and economic development that benefit eligible residents so that they have access to livable neighborhoods and increase opportunities for self-sufficiency. IIIIuuII�� II. Benefits • To provide development incentives for new single family resid onstruction affordable housing. • Promote Affordable Housing Core Values; Long-term Affor ty, raphic Dispersion, Deeper Levels of Affordability. Illlu • Encourage private sector development of affordable ing and comme revitalization. • Expand and/or establish alternative revenue sour IIIuuI��� • Provide leadership and education for afford able'°lll ing a mmunity development. • Promote sustainable practices. • Promote the construction of housing th tis affordable e community's workforce. • Encourage the implementation of the ing Ince n rlogram (THIP) III. Definitions "Affordable Housing", is d d using hich an occupant pays no more than 30%of his or her income for gross housi xpense ch as re nd utilities AND as defined under 42 ode C apter II, Part A 12745 as follows: (b) Homeownership tha eowne shall qualify as affordable housing under this subchapter only if the ho - " (1) has an - purc ric does not exceed 95 percent of the median purchase price for the area, as detI ed by the Se ry w "uch adjustments for differences in structure, including whether the housin gle-family or ltifamily, and for new and old housing as the Secretary determines to be appropriat (2) is the prin esi a of an owner whose family qualifies as a low-income family (per the Income Eligibility Criteria rmined by the Department of Housing and Urban Development (HUD) on Page 3); (3) if newly construc ed, meets the energy efficiency standards promulgated by the Secretary in accordance with section 12709 of this title. "Infill lot" or"infill housing" is the insertion of additional housing units into an already approved subdivision or neighborhood. This means the construction of new residential housing units built on site on a vacant lot or built on two non-conforming lots by re-platting through an administrative plat to remove the lot line. (;12/of (m I'p I ri At hk I ioI sinq I,oIt� /and Iii .';r-;in I II!tinri w , 2010� 1 of 4 Elm= IU, Implementation The City of Corpus Christi will focus on Goal 1 and Goal 9 by establishing the following policies and program initiatives to support the goals'strategies. These will apply city-wide to developed or undeveloped lots to promote the development of single-family residential homes and multi-family residential homes (i.e., townhomes, duplexes, etc.,) affordable housing development in privately owned and City owned vacant lots and includes all zoning districts. Illluul1i� The following are the key goals for Element 3 in the PlanCC Compr 9sive Plan: Element 3: Housing and Neighborhoods IIII 1. Corpus Christi has a comprehensive housing policy to ise the Cit development of quality housing for residents of all income levels in all parts of city. 2. Quality housing meets the diverse needs of hou ds at al 'I come levels�W1°d all stages of the life cycle. VIII lui 3. Chronic homelessness addressed in an organize bathetic manner. 4. Housing is in good condition and code-compliant. 5. New and redeveloped housing is res . ient. 6. New cost-effective residential subdivis s a h igh-growth corridors to support the demand for new housing. 7. Corpus Christi sustains an ains est d neighborhoods. 8. Neighborhoods are en d vestm in "urban villages" to improve quality of life. 9. The design of new d opment romotes oader sense of neighborhood and community rather than creating isolate' divisi omplexes developments with lack of interconnection. Housing Goal 1: C IIIIICIIIhllllllllis a co hensive housing policy to advise the City on development of quality housin residents of com 'vets in all parts of the city. Strategy 1. Support a c 16unit sed system to develop and implement a housing policy that includes stakeholders fro 1111 nment, the nonprofit sector, and the private sector. 2. Support nonprofit organizations in housing production and explore creation of Community Development Corporations that assist with neighborhood revitalization projects. The City of Corpus Christi will support a community-based system to develop and implement a housing policy that includes stakeholders from government, the nonprofit sector, and the private sector and nonprofit organizations in housing production and explore creation of Community Development Corporations that assist (,12/of (m I'p I i, (,III'!Ji At hk I ioI sinq I,oIt� /and Iii .';r-;in I II!tinri w , 2010� 2 1 4 Elm= with neighborhood revitalization projects. Through its Housing and Community Development Department (HCD), the City of Corpus Christi will continue to provide the Down Payment Assistance Program, the Closing Cost Program, and the HOME Investment Partnerships Program to establish and preserve affordable housing projects. The City will continue to apply, comply and receive Housing and Urban Development (HUD) funding to continue the programs. The City will establish Gap-Financing to further assist with single family residential ownership to facilitate affordable housing production and neighborhood revitalization. Vu^ Corpus Christi Business and Job Development Corporation- ble Housing The Program will provide the homebuyer up to$10,000 do aym ssistance in the form of a deferred forgivable loan at zero percent interest amortiz ver a 5-yea od. HOME Program V The HOME program is to assist homebuyers with"111 ng c IIIo purchase an existing pre-owned home, or new construction home. The homebuyer will be up to $10,000 in the form of a deferred forgivable loan at zero percent interest ortized over rs. In order to be eligible, the homebuyer must meet low and moderate income li not curr own a home and must use the home being purchased as their principal residence. III�uuII�� Gap Financing The City through the HO g will pr e Homebuyer Gap Financing as a stand-alone option Assistance Program t ible ho uyers 11 total household income of less than 80% AMI with up to $20,000 to purchase11ll wly c within an undeveloped area within the City limits of Corpus Christi. Low Er Mod lllllllllllllllllm buye tance FII 1 11111"" 4 5 6 7 8 Annua me 34 800 3. 0 44 750 149 700 53 700 57 700 61 650 165,650 HOME Inco ibility Criteri bject to change based on HUD's annual income updates) The City suppor ding affordable housing in areas outside of low-income neighborhoods;thereby reducing race and hnic segregation, deconcentrating poverty, and providing for more economic opportunities for low-income households. Community Identity and Sense of Place Goal 9:The design of new developments promotes a broader sense of neighborhood and community rather than creating isolated subdivisions or apartment complexes developments with a lack of interconnection. Strategy 1.Give consideration to regulations, projects, incentives, and guidelines that promote x;1t f��1 ,��rl)i i!, (,Inrl!,ri/11� I kn1 sh �N f nndJ Iii ��;r-;in Irurn-nriv , 201 Elm= interconnected development, such as developments with a well-connected street network or appropriate connections to neighboring subdivisions, destinations or bicycle/pedestrian facilities. 2.Support making safe pedestrian and bicycle routes available in new and redeveloped areas where appropriate and consider offering financial or non-financial incentives. 3. Encourage appropriate transitions between commercial and residential developments and between high and low-density residential developments. ul The City of Corpus Christi will give consideration to regulations ts, incentives, and guidelines that promote interconnected development, such as developmen„ h a -connected street network or appropriate connections to neighboring subdivisions, de ations or b /pedestrian facilities. The City will encourage private sector developme Ifforda housing by °ating a development waiver fee ordinance to incentivize projects to en" ge th elopment of affordable housing and target affordable housing to create denser develop ed close to transit and other amenities. Development Waiver Fees ill The City will create an ordinance to auth e t nag waive fees on a case by case basis for city-owned projects or if requested to dos a on-Profit Corporation proposing Development that will provid VIII able h development. • Plat application fees • Zoning fees • Community Enrich ' ees • Building permit applic • Building per ctio • Water to • Wast II r tap fees • Gast s The City will a Se 8.3 of the Unified Development Code to exempt affordable housing subdivisions fro unity enrichment fees. If the City accepts the fee in lieu of land, the fees shall be placed in the City's ommunity Enrichment Fund and shall be used for the acquisition or improvement of neighborhood, community, and/or regional parks most likely to serve the residents of the subdivision. The park most likely to serve a subdivision shall in no case be located more than five miles from the subdivision, taking into consideration factors such as the proximity of major barriers to accessibility, including freeways, navigable streams and bodies of water. The City will explore alternative funding sources to replenish Development Services waiver fees associated with affordable housing program development. (,it/of (m I'I)I i!, (,IIII"I!Ji At I)k I hoII sin ; I,oIt� /-,nd I III!tinriw , 201 4 of 4