Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet City Council - 04/24/2018
City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 II cctexas.com Meeting Agenda - Final City Council Tuesday,April 24,2018 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 ingl6s 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 Betty Vestal, Church of Acts. C. Pledge of Allegiance to the Flag of the United States to be led by Richie Quintero, Deputy Fire Chief. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 18-0499 Proclamation declaring May 2018, "Mental Health Awareness Month". Proclamation declaring May 3, 2018, "Las Donas de la Corte Day". Proclamation declaring April 25, 2018, "Joseph Kilgore Day". Proclamation declaring April 29 - May 5, 2018, "National Small Business Week". Proclamation declaring May 2, 2018 as "Maternal Mental Health Awareness Day" and April 30 - May 6, 2018, "Maternal Mental Health Awareness Week". City of Corpus Christi Page 1 Printed on 4/23/2018 City Council Meeting Agenda-Final April 24,2018 Proclamation declaring May 6 - 12, 2018, "National Children's Mental Health Awareness Week". F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. 18-0512 FISCAL 2017-2018 BUDGET UPDATE Attachments: Agenda Memo- Budget Update Budget vs Actuals Monthly Report b. 18-0510 HEALTH BENEFITS UPDATE Attachments: Agenda Memo- Health Plan Update 04 24 18 C. STRATEGIC FUTURE ISSUES d. OTHER G. MINUTES: 2. 18-0516 Regular Meeting of April 17, 2018 and Workshop Session of April 19, 2018. Attachments: Minutes-April 17, 2018 Minutes-April 19, 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. City of Corpus Christi Page 2 Printed on 4/23/2018 City Council Meeting Agenda-Final April 24,2018 J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. 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 - 11) 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. 18-0435 Professional Service Management Agreement for the Corpus Christi Museum of Science and History Resolution to execute a five-month agreement with CCMJV, LLC of Corpus Christi, Texas to operate and manage the Corpus Christi Museum of Science and History. Attachments: Agenda Memo- Museum Agreement Resolution -Museum Agreement City of Corpus Christi Page 3 Printed on 4/23/2018 City Council Meeting Agenda-Final April 24,2018 Professional Service Management Agreement Presentation - Museum Agreement Informal Staff Report- Museum 4. 18-0320 Supply Agreement for two years for the purchase of liquid caustic soda solution for the O.N. Stevens Water Treatment Plant(Council Priority -Water) Motion authorizing a two year supply agreement with Univar USA, Inc., of Kent, Washington for the purchase of liquid caustic soda solution for a total amount not to exceed $7,513,545.00. Attachments: Agenda Memo-Liquid Caustic Soda Solution Bid Tabulation-Liquid Caustic Soda Solution Supply Agreement- Liquid Caustic Soda Solution. 5. 18-0482 Resolution granting petition requesting annexation by area landowners of approximately 13.72 acres of land into the territorial limits of the City of Corpus Christi. Attachments: Agenda Memo-Annexation Petition Resolution -Annexation Petition Annexation Petition -Filed 4-11-18 Presentation - London Area Annexation Petition DM edits 4.12.18 6. 18-0380 Consulting Services for RESTORE Act Project Development and Grant Application Preparation and Submittal Motion authorizing contract with Sarosdy Consulting, Inc., of Austin, Texas, for one year for grant proposal development, submittal and advisor services associated with the RESTORE Act for$49,595 with options to extend for up to two additional one-year periods with a total potential multi-year amount not-to-exceed $148,785. Attachments: Agenda Memo- RESTORE Act Agreement- Environmental Consulting FY18 with option to extend Presentation -RESTORE Consultant Contract 7. 18-0419 Interlocal Agreement for soil analysis Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Texas A&M Agrilife Extension Service in an amount not to exceed $2,400 for the implementation of a soil testing program. Attachments: Agenda Memo-Texas Agrilife Soil Sampling Agreement 2018 sbl 3-27-2018 Resolution for Agrilife FY18-19 Interlocal Interlocal Agreement-AGLF Edits saved City of Corpus Christi Page 4 Printed on 4/23/2018 City Council Meeting Agenda-Final April 24,2018 Pesticide Discharge Management Plan 2016 8. 18-0455 Second Reading - Tax Increment Reinvestment Zone #3 Traffic and Planning Analysis (1st Reading 4/17/18) Ordinance adopting the "Tax Increment Reinvestment Zone #3 Traffic and Planning Analysis" specific plan; and amending the Comprehensive Plan. Attachments: Agenda Memo-Traffic and Planning Analysis Ordinance-Traffic and Planning Analysis Exhibit A-TIRZ#3 Traffic and Planning Analysis April 2018 Exhibit B -TIRZ#3 Traffic and Planning Analysis April 2018 APPENDIX Presentation -Traffic and Planning Analysis 9. 18-0439 Second Reading Ordinance -Accepting and appropriating the Click It or Ticket Grant (1st Reading 4/17/18) Ordinance accepting $17,989.64 from State of Texas, Department of Transportation for FY2018 Click It or Ticket program grant; and appropriating $17,989.64 in Police Grants Fund. Attachments: Agenda memo accept CIOT 04.10.2018 Ordinance -Click it or Ticket 2018 10. 18-0447 Second Reading Ordinance -Accepting and appropriating State Grant funds for the 2017 Operation Stonegarden Grant Program (1st Reading 4/17/18) Ordinance accepting $336,443 from State of Texas Governor's Homeland Security Grants Division for funding eligible under FY2017 Department of Homeland Security Grant Program - Operation Stonegarden; and appropriating $336,443 in Police Grants Fund. Attachments: Agenda memo accept Operation Stonegarden 04.17.2018 Ordinance -Operation Stonegarden -2018 Award document 11. 18-0403 Second Reading Ordinance - Type A Grant for Jimenez Engineering Solutions, LLC dba International Consulting Engineers ("ICE) (1st Reading 4/17/18) (Council Priority - Economic Development) Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and Jimenez Engineering Solutions, LLC, dba International Consulting Engineers, to provide a grant of up to $125,000, for the creation of jobs; appropriating said funds from the Business/Job Development Fund; and amending the budget. Attachments: Agenda Memo- ICE.docx City of Corpus Christi Page 5 Printed on 4/23/2018 City Council Meeting Agenda-Final April 24,2018 Ordinance - ICE.docx ICE Agreement L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (ITEMS 12 - 14) 12. 18-0351 Public Hearing and First Reading Ordinance -Amendments to the London Area Wastewater Master Plan Ordinance amending the London Area Wastewater Master Plan, an element of the Comprehensive Plan; amending related elements of the Comprehensive Plan; and providing for severance and publication. Attachments: Agenda Memo WW Master Plan Amdmt London Council Ordinance London Wastewater MP Greenwood Wastewater Service Areas Presentation London WW Master Plan Amdmt Council 13. 18-0446 Public Hearing and First Reading Ordinance -Appropriating and transferring trust funds for Trunk Main Line Extension Construction and Reimbursement Agreement Ordinance appropriating and transferring $350,000.00 from Sanitary Sewer Collection Line Trust Fund, $750,000.00 from Water Distribution Main Trust Fund, and $1,166,283.53 from Water Arterial Transmission and Grid Main Trust Fund to the Wastewater Trunk System Trust Fund; executing a Wastewater Trunk Main Line Extension Construction and Reimbursement Agreement with Braselton Custom Homes Ltd, LP; and appropriating $4,266,283.53 to reimburse Developer in accordance with Agreement. Attachments: Agenda Memo 4.13.2018 Ordinance -Wastewater Reimbursement Agreement-LondonTowne Reimbursement Agreement with exhibits 4-13-18 Presentation-Braselton Reimbursement Agmt. 14. 18-0483 Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 6665 Lipes Boulevard. (3/4 Vote Required) Case No. 0218-01 Dorsal Development, LLC.: Ordinance rezoning property at or near 6665 Lipes Boulevard from "FR" Farm Rural District to the "RM-1" Multifamily 1 District. Planning Commission and Staff Recommendation (March 21, 2018): City of Corpus Christi Page 6 Printed on 4/23/2018 City Council Meeting Agenda-Final April 24,2018 Approval of the change of zoning from "FR" Farm Rural District to the "RM-1" Multifamily 1 District. Ordinance: Case No. 0218-01 Dorsal Development, LLC.: Ordinance rezoning property at or near 6665 Lipes Boulevard from "FR" Farm Rural District to the "RM-1" Multifamily 1 District. Attachments: Agenda Memo 0218-01 Dorsal Development, LLC Ordinance 0218-01 Dorsal Development. LLC with Exhibit Presentation 0218-01 Dorsal Development, LLC Zoning Report 0218-01 Dorsal Development, LLC. with Exhibits N. PUBLIC INTERVIEWS FOR DISTRICT 1 COUNCIL MEMBER VACANCY (To be held at approximately 3:00 p.m.) The City Council will conduct public interviews with the applicants for the vacant District 1 Council Member position. No public comment will be solicited. After the interviews, the Council will go into executive session to deliberate, and then announce their selection in open session. 15. 18-0433 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 appointment of City Council representative for District 1 and pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, and duties of the City Council representative for District 1. O. REGULAR AGENDA: (ITEMS 16 - 17) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 16. 18-0501 One-Reading Action Item -Amendment to the Municipal Lease Line of Credit Agreement Motion approving an amendment to the municipal lease line of credit agreement with Frost Bank to extend the term of the agreement through September 30, 2018. Attachments: Agenda Memo-Amendment Municipal Lease Line of Credit.docx Amendment- Frost Bank Master Lease 17. 18-0477 Renewal of Property Insurance for City-Owned Property Motion authorizing the City Manager to execute all documents necessary to renew property insurance, including All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown insurance through Carlisle Insurance Agency, Broker of Record, for upcoming policy year (May 5th, 2018-May 5th 2019) in exchange $2,110,480.05, of which City of Corpus Christi Page 7 Printed on 4/23/2018 City Council Meeting Agenda-Final April 24,2018 $861,538.43 is required for the remainder of FY 2017-2018. Attachments: Agenda Memo-2018-2019 Property Insurance Renewal Proposal P. FIRST READING ORDINANCES: (NONE) Q. FUTURE AGENDA ITEMS: (ITEMS 18 - 30) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 18. 18-0297 Resolution for Service Agreement for Emergency Removal, Installation, and Repair of Equipment for Police Vehicles Resolution authorizing a 24-month service agreement with Auto Works Unlimited of Corpus Christi, Texas, for emergency removal, installation, and repair of equipment for police vehicles, for a total amount not to exceed $150,000. Attachments: Agenda Memo- Install-Removal of Emergency Equipment Price Sheet- Install-Removal of Emergency Equipment Resolution -Install-Removal of Emergency Equipment Service Agreement-Install & Removal of Emergency Equipment 19. 18-0326 Two-Year Lease Agreement for 21 Unmarked Vehicles for Police Department Motion authorizing a two-year lease agreement for 21 unmarked vehicles with Acme Auto Leasing, LLC, North Haven, Connecticut, via Houston-Galveston Area Council, for the total amount not to exceed $272,880. Attachments: Agenda Memo- Lease Vehicles for CCPD Price Sheet- Lease Vehicles for CCPD Service Agreement- Lease Vehicles for CCPD 20. 18-0345 Resolution for Maintenance Agreement and Purchase of Ambulance Stretchers and Power Loaders Resolution authorizing a seven-year service agreement with Stryker Medical of Chicago, Illinois and the purchase of two power stretchers, two manual stretchers, two power loaders for a total amount not to exceed $117,297.60. Attachments: Agenda Memo-Ambulance Stretchers Price Sheet-Ambulance Stretcher Resolution -Ambulance Stretchers Service Agreement-Ambulance Stretchers City of Corpus Christi Page 8 Printed on 4/23/2018 City Council Meeting Agenda-Final April 24,2018 21. 18-0411 Two-Year Service Agreement for Generator Service and Repair for Fire Department Motion authorizing a two-year service agreement for generator service and repair with Loftin Equipment Company, Inc. of San Antonio, Texas for an amount not to exceed $38,700, with one one-year option for a total potential multi-year amount of$58,050. Attachments: Agenda Memo-Generator Services-Repair Bid Tab-Generator Repair Service Agreement-Generator Service for CCFD 22. 18-0426 Construction Contract for Community Park Development and Improvements -West Guth Park Project (Bond 2012, Proposition 4) Motion authorizing the City Manager, or designee, to execute a construction contract with Mako Contracting, LLC of Corpus Christi, Texas in the amount of$909,407.08 for the Community Park Development and Improvements - West Guth Park project for the base bid plus additive alternates 1 and 2. (Bond 2012, Proposition 4) Attachments: Executive Summary -West Guth Park Construction Contract(18-0426) Item Detail -West Guth Park Construction Contract 08-0426) Prosect Budget-West Guth Park Improvements.xlsx Location Map-West Guth Park Improvements.pdf Presentation -West Guth Park Improvements 18 0402 Letter of Recommendation -West Guth Park Improvements 23. 18-0437 Service Agreement for Playground and Installation for Phase 2 and 3 of the Play for All Playground at Manuel Q. Salinas Park Motion authorizing and eight-month service agreement for the purchase and installation of playground equipment for phase 2 and 3 for the play for all playground at Manuel Q. Salinas Park from ExerPlay Inc. of Cedar Crest, New Mexico, via BuyBoard, for a total amount not to exceed $202,129.15. Attachments: Agenda Memo- Playground Equipment and Install for Phase 2 and 3 at Salinas Price Sheet- Plavground Equip and Install Phase 2 and 3 Salinas Park Service Agreement 58812- Playground Equip and Install of Phase 2 and 3 at S 24. 18-0401 Purchase of Three John Deere Tractors Motion authorizing the purchase of three John Deere tractors from Ag-Pro of Taft, Texas via BuyBoard, for the total amount not to exceed $57,187.26. Attachments: Agenda Memo-John Deere Tractors City of Corpus Christi Paye 9 Printed on 4/23/2018 City Council Meeting Agenda-Final April 24,2018 Price Sheet-John Deere Tractors 25. 18-0424 Amendment to Professional Services Contract- Strategic Integration (Travel Demand Model) Feasibility Study Motion for authorization to execute Amendment No. 1 to a professional services contract with CDM Smith, of Austin, Texas in the amount of $410,045, for a total restated fee of$459,998, for Strategic Integration (Travel Demand Model) Feasibility Study. Attachments: Executive Summary -Strategic Integration (Travel Demand Model) Feasibility S Item Detail -Strategic Integration (Travel Demand Model)Feasibility Study (184 Prosect Budget-Strategic Integration TDM Location Map Strategic Integration TDM Presentation Strategic Integration TDM Amendment No. 1 -Strategic Integration TDM 26. 18-0405 Purchase of Ten Traffic Signal Control Cabinets for Street Operations Motion authorizing the purchase of ten traffic signal control cabinets from Mobotrex of Davenport, Iowa, via BuyBoard, for the total amount not to exceed $81,500.00. Attachments: Agenda Memo-Traffic Control Cabinets Price Sheet-Traffic Control Cabinets 27. 18-0393 Purchase of Five Wavetronix Radar Detection Systems for Street Operations Motion authorizing the purchase of five Wavetronix radar detection systems from Twincrest Technologies of Fort Worth, Texas via Houston-Galveston Area Council for a total amount not to exceed $91,850.00. Attachments: Agenda Memo-Wavetronix Radar Price Sheet-Wavetronix Radar System 28. 18-0404 Supply Agreement for Crushed Concrete for Solid Waste Operations Motion authorizing a one-year supply agreement with Southern Crushed Concrete of The Woodlands, Texas for crushed concrete for a total amount not to exceed $61,500.00, with a one-year option for a total potential multi-year amount of$123,000.00. Attachments: Agenda Memo-Crushed Concrete for Solid Waste Operations Copy of Bid Tabulation -Crushed Concrete for Solid Waste Supply Agreement-Crushed Concrete for Solid Waste City of Corpus Christi Page 10 Printed on 4/23/2018 City Council Meeting Agenda-Final April 24,2018 29. 18-0406 Supply Agreement or Non-Shear Flexible Couplings for Utilities Department Motion authorizing a 36-month supply agreement with Ferguson Enterprises, Inc., of Corpus Christi, Texas, for non-shear flexible couplings for a total amount not to exceed $220,321.13. Attachments: Agenda Memo- Non-Shear Flexible Couplings Bid Tabulation- Non-Shear Flexible Couplings Supply Agreement- Non Shear Flexible Couplings 30. 18-0408 Supply Agreement for Calcium Hypochlorite for Various City Departments Motion authorizing a three-year supply agreement with Chemrite, Inc. of Buford, Georgia for calcium hypochlorite for a total amount not to exceed $169,096.20. Attachments: Agenda Memo-Calcium Hypochlorite Bid Tabulation-Calcium Hypochlorite.. Supply Agreement-Calcium Hypochlorite R. BRIEFINGS: (ITEMS 31 -32) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. 31. 18-0502 Discussion with possible action to create a North Beach Infrastructure Task Force. 32. 18-0518 Community First Village Attachments: Agenda Memo-Community First Village Presentation-Community First Village S. EXECUTIVE SESSION: (ITEMS 33 -34) 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. 33. 18-0428 Executive Session pursuant to Texas Government Code § 551.071 City of Corpus Christi Page 11 Printed on 4/23/2018 City Council Meeting Agenda-Final April 24,2018 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to potential exchange and value of real property at or near the intersection of Rodd Field Road and Yorktown Boulevard and pursuant to Texas Government Code § 551.072 to deliberate the potential purchase, exchange, lease, or value of real property, including, but not limited to, property at or near the intersection of Rodd Field Road and Yorktown Boulevard. 34. 18-0509 Executive session pursuant to Texas Government Code 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning potential participation in AEP Texas Central Company rate case regarding application for Distribution Cost Recovery Factor at Texas Public Utility Commission. 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 12 Printed on 4/23/2018 Se o� Va. U NOORP08 IEO AGENDA MEMORANDUM 1852 City Council Meeting of April 24, 2018 DATE: April 6, 2018 TO: Margie C. Rose, City Manager FROM: Eddie Houlihan, Director of Management & Budget EddieHo@cctexas.com 826-3792 Fiscal 2017-2018 Budget Update STAFF PRESENTER(S): Name Title/Position Department Eddie Houlihan Director Office of Management and Budget BACKGROUND: Operating budget update for the 6 months ended March 31 , 2018. LIST OF SUPPORTING DOCUMENTS: Budget vs Actuals Monthly Report CITY OF CORPUS CHRISTI BUDGET-VS-ACTUAL MONTHLY REPORT March 31,2018 CURRENT MONTH YEAR-TO-DATE A=N S Ac NA S ANNUAL AMENDED ^/o AMENDED ^/o AMENDID SUMMARY BY FUND PRIORYEAR CURRENFYEAR BUDGET VARIANCE FAV(LNFAV) PRIORYEAR CURRENFYEAR BUDGET VARIANCE .(UNFAN� BUDGET REVENUES GENERAL PROPERTY TAXES 1,501,495 1,592,101 1,408,631 183,470 13.02% 66,071,689 67,996,659 69,693,715 (1,697,056) -2.44% 72,001,866 SALES TAXES 3,900,752 4,397,314 3,884,814 512,501 13.19% 26,198,226 28,749,681 27,195,019 1,554,662 5.72% 53,934,000 OTHER TAXES (792,821) (285,259) 55,000 (340,259) -618.65% 11,573,508 10,126,808 12,009,730 (1,882,922) -15.68°/, 12,978,199 FRANCHISE FEES 242,578 726,023 1,491,578 (765,555) -51.33% 6,317,306 7,310,593 7,274,913 35,680 0.49% 17,454,365 GENERAL GOVERNMENTSVCS 10,673 1,069 5,002 (3,933) -78.63% 27,059 29,162 31,012 (1,850) -5.96% 62,724 ANIMAL CARE SERVICES 8,906 9,505 6,808 2,697 39.62% 52,505 45,630 40,848 4,782 11.71% 81,700 OTHER PERMITS&LICENSES 90,701 15,664 10,207 5,457 53.47% 222,584 137,152 134,242 2,910 2.17% 195,392 HEALTH SERVICES 121,038 91,935 107,456 (15,521) -14.44% 812,252 792,979 644,736 148,243 22.99% 1,289,500 LIBRARY SERVICES 12,032 11.355 10,026 1,329 13.26% 58,686 60,096 60,156 (60) -0.10% 120,312 SOLID WASTE SERVICES 3,175,159 3,142,581 3,269,411 (126,830) -3.88% 18,560,223 19,932,072 19,616,466 315,606 1.61% 39,232,928 MUNICIPAL COURT FEES 563,653 580,406 415,373 165,032 39.73% 2,519,651 2,705,949 2,560,831 145,118 5.67% 5,035,162 PUBLIC SAFETY SERVICES 992,454 1,228,868 1,211,957 16,911 1.40% 5,906,015 5,968,590 7,271,742 (1,303,152) -17.92% 14,541,272 MUSEUM FEES 85,692 2,560 87,626 (85,066) -97.08% 307,780 17,420 309,086 (291,666) -94.36% 618,171 INTEREST ONINVESTMENTS 68,952 103,437 29,167 74,270 254.64% 246,353 499,699 202,002 297,697 147.37% 377,000 INTERGOVERNMENTAL SVCS 42,118 129,707 151,092 (21,385) -14.15% 1,292,729 1,563,132 1,753,665 (190,533) -10.86% 1,894,883 RECREATION SERVICES 1,109,156 326,421 240,379 86,041 35.79% 2,293,492 1,564,044 1,360,601 203,444 14.95% 4,421,201 OTHER REVENUE 39,518 53,258 100,000 (46,742) -46.74% 216,972 5,117,910 4,710,210 407,700 8.66% 5,092,057 ADMIN CHARGES 528,520 553,311 560,885 (7,574) -1.35% 3,170,567 3,318,675 3,318,675 0 0.00% 6,662,393 INTERFUND CONTRIBUTIONS 320,332 534,689 522,689 12,000 2.30% 1,942,352 3,148,132 3,148,132 0 0.00% 7,550,574 REIMBURSEMENT REVENUE 0 0 0 0 #DIV/01 0 0 0 0 #DIV/01 0 TOTAL GENERAL FUND REVENUE 12,020,905 13,214,945 13,568,101 (353,156) 2.60% 147,789,949 159,084,383 161,335,779 (2,251,397) -1.40% 243,543,700 1 CITY OF CORPUS CHRISTI BUDGET-VS-ACTUAL MONTHLY REPORT March 31,2018 CURRENT MONTH YEAR-TO-DATE AC ALS AC ALS ANNUAL AMENDED ^/o AMENDED Wo AMENDED SUMMARY BY FUND PRIORYEAR CURRENTY BUDGET VARIANCE FAV(UNFAV) PRIORYEAR CURRENTYEAR EUDGET VARIANCE FAV(UNFAI') DUDGET EXPENSES MAYOR 735 10,792 17,023 6,231 36.60% 59,155 80,937 102,141 21,204 20.76% 204,282 CITY COUNCIL 0 7,244 11,400 4,156 36.45% 38,938 47,340 68,399 21,058 30.79% 136,797 LEGAL 244,050 247,715 276,651 28,936 10.46% 1,453,594 1,441,382 1,659,904 218,523 13.16% 3,319,809 •TTY AUDITOR 1,469 23,610 36,260 12,650 34.89% 196,687 152,031 217,559 65,527 30.12% 435,117 CITY MANAGER 181,567 214,908 198,431 (16,477) -8.30% 938,318 1,035,230 1,190,587 155,357 13.05% 2,381,175 CITY SECRETARY 1 204 46,350 52,874 6,524 12.34% 432,731 279,430 317,245 37,815 11.92% 634,491 FINANCE 272,045 435,990 517,502 81,511 15.75% 2,820,433 2,908,796 3,105,009 196,213 6.32% 6,210,019 OFFICEOFMANAGEMENT AND BUDGET 70,854 67,853 88,330 20,477 23.18% 330,059 433,918 529,980 96,061 18.13% 1,059,959 HUMANRESOURCES 143,643 139,374 168,674 29,300 17.37% 733,368 808,829 1,012,042 203,212 20.08% 2,024,083 MUNICIPAL COURT-JUDICIAL 84,199 96,199 98,394 2,196 2.23% 521,973 563,577 590,367 26,790 4.54% 1,180,734 MUNICIPAL COURT-ADMINISTRATION 268,456 336,998 356,609 19,611 5.50% 1,985,945 1,856,091 2,139,654 283,563 13.25% 4,279,308 MUSEUMS 1,275 108,303 129,533 21,230 16.39% 635,113 794,050 777,198 (16,852) -2.17% 1,554,395 FIRE 3,4841318 4,074,729 4,674,918 600,189 12.84% 25,908,736 26,558,775 28,049,506 1,490,731 5.31% 56,099,013 POLICE 2,452,204 5,776,181 6,270,130 493,949 7.88% 32,441,795 34,613,861 37,620,781 3,006,920 7.99% 75,241,561 HEALTH SERVICES 243,972 216,176 417,391 201,215 4821% 1,276,421 1,346,610 2,504,343 1,157,733 46.23% 5,008,686 ANIMAL CARE SERVICES 214,389 204,162 276,603 72,441 26.19% 1,222,154 1,203,843 1,659,619 455,776 27.46% 3,319,238 LIBRARY SERVICES 286,213 246,751 336,643 89,892 26.70% 1,846,125 1,788,350 2,019,857 231,507 11.46% 4,039,714 PARK&RECREATION 152,653 1,406,768 1,574,010 167,242 10.63% 7,380,209 7,438,341 9,444,061 2,005,720 21.24% 18,888,122 STREET SERVICES 0 26,390 336,333 309,944 92.15% 1,869,699 1,478,105 2,018,001 539,895 26.75% 4,036,001 SOLID WASTE SERVICES 1,251,736 2,111,138 2,992,002 880,864 29.44% 11,379,089 17,888,661 17,952,011 63,350 0.35% 35,904,023 COMMUNITY DEVELOPMENT 155,970 152,373 181,255 28,882 15.93% 1,016,152 884,109 1,087,532 203,423 18.71% 2,175,063 COMPREHENSIVE PLANNING 87 26,128 103,526 77,397 74.76% 83,254 149,953 621,153 471,200 75.86% 1,242,306 TOURISM 0 359 0 (359) #DIV/O! 0 459 0 (459) #DIV/01 0 ECONOMIC DEVELOPMENT 48,500 25,726 197,773 172,047 86.99% 458,018 301,885 1,186,639 884,754 74.56% 2,373,278 TRANSFER TO STREET 14,205 1,130,601 1,130,601 0 0.00% 7,361,064 6,783,606 6,783,607 0 0.00% 13,567,213 OPERATING TRANSFERS OUT 178,729 83,925 359,687 275,763 76.67% 1,839,710 3,403,547 2,158,123 (1,245,425) -57.71% 4,316,245 RESERVE APPROPRIATION 0 0 0 0 0.00% 0 0 0 0 0.00% 682,785 ACCRUED PAY RESERVE 0 0 0 0 0.00% 0 0 0 0 0.00% 1,400,000 OTHER ACTIVITIES 28,113 0 0 0 0.00% 0 0 0 0 0.00% 250,000 TOTAL GENERAL EUND EXPENSES 9.781,585 17,216,742 20,802,553 3,585,811 17.249/6 104,228,739 114,241,718 124,815,316 10,573,598 &47% 251,963,417 2 CITY OF CORPUS CHRISTI BUDGET-VS-ACTUAL MONTHLY REPORT March 31,2018 CURRENT MONTH YEAR-TO-DATE ACTUALS ACFOALS ANNUAL PRIOR CURRENT AMENDED °/a PRIOR CURRENT AMENDED FAV AMENDED SUMNIARY BY FUND YEAR YEAR BUDGET IVAMANCEIFAV(UNFAV) YEAR YEAR BUDGET VARIANCE (UNFAV) BUDGET GENERAL FUND 1020 Revenue 12,020,905 13,214,945 13,568,101 (353,156) -2.6-1 147,789,949 159,084,383 161,335,779 (2,251,397) -1.41/6 243,543,700 Expenses 9,781,585 17,216,742 20,802,553 (3,585,811) -17.2-/ 104,228,739 114,241,718 124,815,316 (10,573,598) -8.5% 251,963,417 ENTERPRISE FUNDS Revenne 21,888,848 20,696,152 25,721,347 (5,025,195) -19.5% 142,256,148 139,627,587 145,162,369 (5,534,782) -3.8% 304,533,622 Expenses 19,571,555 27,307,938 26,151,054 (1,156,884) -4.4% 120,679,803 127,341,865 156,906,325 29,564,460 18.8% 313,815,567 INTERNAL SERVICE FUNDS Revenue 8,293,563 7,877,657 9,221,590 (1,343,933) -14.6% 44,864,880 47,235,294 53,497,417 (6,262,123) -11.7% 106,904,932 Expenses 9,227,444 7,334,602 9,755,051 2,413,711 24.7% 48,222,432 44,192,745 58,530,305 14,337,561 24.5% 117,060,611 DEBT SERVICE FUNDS Revenue 7,630,246 7,787,864 11,567,763 (3,779,900) -32.7% 85,552,355 79,386,343 79,935,220 (548,877) -0.7% 118,974,334 Expenses 778,635 1,048,402 10,185,380 9,136,979 89.7% 66,527,732 59,507,301 61,112,282 1,604,981 2.6% 122,224564 SPECIAL REVENUE FUNDS Revenue 7,237,971 8,408,698 10,390,998 (1,982,300) -19.%1% 00 64,313,423 57,521,526 54,494,769 3,026,758 5.6% 108.452.275 Expenses 7,833,877 7,268,660 10,192,472 3,344,796 32.8 38,1 ,645 38,748,823 63,418,945 24,670,122 35.9% 126.537.890 CITY OF CORPUS CHRISTI BUDGET-VS-ACTUAL MONTHLY REPORT FOR THE 6 MONTHS ENDING March 31,2018 NOTES 6 Months Ending General Fund Budget Actuals Variance Revenues 161,335,779 159,084,383 -2,251,397 Sales tax 27,195,019 28,749,681 1,554,662 Positive trend continues as we are up for the 6 months. A slow down is anticipated for the coming months. Other Taxes 12,009,730 10,126,808 -1,882,922 Due mostly to Industrial in lieu of taxes shortfall of almost $1.8 million. Public Safety Svcs 7,271,742 5,968,590 -1,303,152 Emergency Call revenue,Towing&Storage charges, 911 Wireless and Wireline and Parking revenue are all under budgeted numbers. Emergency Call revenue and Towing& Storage charges are a concern and the rest are timing differences. Budget Actuals Variance Expenditures 124,815,316 114,241,718 (10,573,598) Enterprise Funds Budget Actuals Variance Gas Fund Revenue 20,778,957 17,707,595 (3,071,362) Due to Purchased Gas Adjustment-Cost of Natural Gas lower than budgeted so we have lower revenues and expenditures. Wastewater Fund Revenue 37,437,633 35,416,522 (2,021,111) ICL Residential and ICL Commercial account for most of the variance. This is mostly due to the new billing method. This is expected to get back in line in the coming months. Budget Actuals Variance TOTAL ENTERPRISE FUND REVENUE 145,162,369 139,627,587 (5,534,782) TOTAL ENTERPRISE FUND EXPENSE 156,906,325 127,341,865 29,564,460 4 Internal Service Funds Budget Actuals Variance Stores Fund Revenue 2,656,504 2,162,121 (494,383) Warehouse sales are less than budgeted,there is a corresponding expenditure reduction in cost of goods sold. Engineering Svs Fund Revenue 3,736,879 77,277 (3,659,602) Entry for project revenue has not been made yet. Revenue is expected near budgeted levels. Fire Health Expenditures 4,658,318 4,861,689 (203,371) Claim costs are above budgeted levels, Increased amount of catastrophic claims. Initial steps are underway to address issue. Citicare Health Fund Revenues 13,095,642 11,085,809 (2,009,833) Employee contribution revenue is short because more employees chose the value plan than anticipated. Emp Contribution budgeted at 51%Choice&49%value. Actuals are 13%Choice&87%Value. Citicare Health Fund Expenditures 10,832,176 7,255,478 3,576,698 Reduction in benefits has had favorable impact on expenses. Potentially we could see an increase in the second half of the year. Workers Comp Expenditures 1,332,344 1,617,842 (285,498) A singular WC case has emerged that is significantly impacting the available funds. Discussions are underway to address issue. Budget Actuals Variance TOTAL INTL SERVICE FUND REVENUE 53,497,417 47,235,294 (6,262,123) TOTAL INTL SERVICE FUND EXPENSE 58,530,305 44,192,745 14,337,561 Special Revenue Funds Budget Actuals Variance HOT Fund Revenue 5,537,184 6,231,343 694,159 Mostly due to increased activity resulting from Hurricane. Seawall Fd Revenue 4,302,341 5,325,826 1,023,485 Transfer of remaining CIP funds has been made early. Increase sales tax revenue Arena Fd Revenue 4,131,620 5,059,662 928,041 Transfer of remaining Visitor Facilities funds has been made early. Increase sales tax revenue Business &Job Dev Fd Revenue 5,365,035 3,686,382 (1,678,653) Transfer of remaining funds from Debt Svc Fund (due to Baseball Stadium Debt being paid off) has not been made yet. this totals$1,928,158 Dev Services Fd Revenue 2,645,787 4,364,906 1,719,119 Permit revenue up due mostly to increased activity after storm. Through 1st Qtr we have received 41%of budgeted permit revenue. Budget Actuals Variance TOTAL SPECIAL REV FUND REVENUE 54,494,769 57,521,526 3,026,758 TOTAL SPECIAL REV FUND EXPENSE 63,418,945 38,748,823 24,670,122 5 SC 00 � o H v /M1'CORPUFPEO AGENDA MEMORANDUM 1852 City Council Meeting of April 24, 2018 DATE: April 18, 2018 TO: Margie C. Rose, City Manager FROM: Steven Viera, Director of Human Resources SteveV()cctexas.com 361-826-3445 Health Plan Update STAFF PRESENTER(S): Name Title/Position Department 1. Steven Viera Director of Human Resources HR 2. Rose Bond Benefits Manager HR OUTSIDE PRESENTER(S): Name Title/Position Organization N/A BACKGROUND : Fire is at a $(585k) loss this year with expenses 1 .52% above expected. Police is no longer in a loss position, with a net FYTD gain of$104 thousand. Expenditures are 3.13% below budgeted levels. Citicare is performing better than expected with expenditures currently 16.75% below budget. We will be holding interviews for the Medical/RX finalists on April 12 and we anticipate this will go to Council on May 8t" and 15t" At the current trend, we will need to request a budget increase in the Fire fund in August. The other funds are performing well. I estimate the fund balance in Citicare will exceed $8 million by the end of the fiscal year with an appropriable balance of over$5 million. The Police cash fund balance is projected to be $3.7 million, far short of the $7.1 million required under the fund balance policy and Police contract. If the current trend in Fire continues, their cash fund balance will be around $4.5 million, about $0.5 million short of the estimated $5 million in reserves required by the fund balance policy and Fire contract. LIST OF SUPPORTING DOCUMENTS: Monthly Health Plan Reports (Charts) Monthly Health Plans Report FY 2018 Health Plans as of March 31,2018 -arget, 6 aut of 12 months: 50.00% 411012019 Citicare -Fund 5610 Beginning fund balance, 101112017 $ 3,7921929 Original Budget YTDActuals %of Budget Variance Revenues $ 26,171,112 $ 11,024,580 42.12% -7.88% Expenditures $ (21,664,351) {7,25.5,478 33.25% -16,756 Pending Stop Loss Reimbursements $ 52,870 Chcrngein F8 $4,506,761 $3,821,972 Current cash fund balance $1,614,901 jw Citicare Fire-Fund 5606 Beginning fund balance, 101112017 $ 5,725,989 Original Budget YTDActuals %of Budget Variance Revenues $ 8,482,538 $ 4,214,288 49.69% -0,32°%0 Expenditures $ €9,316,636} $ (4,861,684) 51.5296 1,52°6 Pending Stop Loss Reimbursements $ 62,195 Change in FB ($834,094) ($.585,2061 Current cash fund balance $5,140,683 Citicare Police-Fund 5609 Beginning fund balance, 101112017 $ 3,586,916 Original Budget YTDActuals %of Budget Variance Revenues $ 9,731,876 $ 4,663,113 47.92% -2.08% Expenditures $ (9,726,140) $ (4,612,310 46.8796 -3,13°x6 Pending Stop Loss Reimbursements $ 53,418 Change in F8 $5,736 $104,221 Current cash fund balance $3,691,137 Per Employee Per Month (PEPM) Chart FIRE PE PM Cost by Plan for the Period I'vlarch 2016 through March 2018 Values are smoothed over a I2-mor,th period,but i s .e Value and Citicare rhoweare smoothed over 6 months f CC VALUE Values are net of shared savings fees and stop loss ::—r es. PUBLIC SAFETY CITI CARE 800.00 — CC CHOICE '700.00 ,000.00 500.00 ,400.00 310.00 270.00 700,00 ,{'100.00 .00 Phnended 9.3V2M7 9110 800.0 700.00 C hiRE nJ 690•00 500.00 400.00 310.00 210.00 ti� yh y� y6 �' tits tib io 41 tib til ti� ,A 4\ y1 �h -A 4, � n� 'P �4� �a� �� ��� P�4c 14! ti ° 16, Sad q0 tS�s 114 40 �°� ��� Val 44 op 011 Citicare Health Plans: Service Category Utilization October 2017-March 2018 Overall year over year costs dowry (38.0)% $354,459 Emergency Room 5.8% Year over year down(39.1)% $1,752,305 Pharmacy 28.9% $1,238,218 Year o ver year down(2-9.0) Inpatient 20.4% Year over year dawn(42.4)% $1,473,802 $11244,056 Outpatient /Other 24.3% Professional 20.S% Year over year dawn(40.7)56 Year over year down(40.4)96 Citicare Fire Health Plans: Service Category Utilization October 2417- March 2018 Overall year over year casts up 19.4% $110171547 $5061571. Pharmacy 22.79' Emergency Room 11.3% Year over year down(12.9)% Year over year up 0.3°6 $520,398 Inpatient 24.3% Year over year up 140.16 $962,987 Professional 21.5% Year over year up 18.5% 1,469,.025 Outpatient / Other 32.8% Year over year up,30,5% Citicare Police Health Pians: Service Category Utilization October 2017-March 2018 Overall year over year costs dowry(3.8)% $574,765 Emergency Room 14.2% $846,348 Year over year up 19.7% Pharmacy 20.9% Year over year up 9.7% $295,115 Inpatient 16.996 Year over year down(68.2)% $955,262 Professional 23.6% Year over year up 20.2% $1,382,770 Outpatient/Other 34.19'0 Year over year up 11.4% CITY OF CORPUS CHRISTI Health Flares for the Months of October 2017 through March 2018 2417 CITICARE FIRE PCILICE . TDTAL CENSUS AVERAGE P Employees/Retirees 1,586 468 478 2,532 increase(deer)from prior year -93% -3.1% -1.5% -5L% #Spouses+Dependents 993 745 829 2,527 increase(deer)from prior year -34.0% -4.4% -4.5% -18.0% Total#Member Lives 2,579 1,173 1,347 5,459 increase(deer)from Prior year -24.5% -1.5% -3.S% -12.6% Dependents/EE ratio 4.63 1.51 1.73 1.00 Tcta I Paid by Ot 5M•r orrt h per!ed Gross.Medical Paid $ 4,310,535 $ 3,458,981 $ 3,207,912 $ 10,977,428 Gross Rx Paid $ 1,752,305 $ 1,417,547 $ 946,349 $ 3,616,200 Gross Medical/Rx Paid $ 6,062,940 $ 4,476,528 $ 4,054,250 $ 14,5931628 Per Employee Per Month $ 637 $ 1,594 $ 1,414 $ 361 increase(deer)from prior year -32.0% 23.3% -2.2% -12.0% Per Member Per Month $ 332 $ 636 $ 517 $ 49t increase(de--r�from Prior year -22.0% 21.3% -0.4% -5.9% Catastroptdc Current Fiscal Year: Gross Medical/Rx Paid $ 6,062,840 $ 4,476,528 $ 4,054,260 $ 14,5931628 Claimants at 125 k+ 5 4 2 11 Claims Paid(12-5k+) $959,245 $1,393,495 X956,764 $3,149,144 S/L reimb $0 ($565,564) {$389,349} {$954,869} $959,245 $927,535 $467}455 $2,154,235 Cats%of Gross Dollars 14.2% 19.5% 115% 14.8% Last Fiscal Year: Gross Meclical/Rx Paid $ 9,774,675 $ 3,749,383 $ 4,215,646 $ 17,739,663 Claimants at 125 k+ 7 2 5 14 Claims Paid(12,5k+) $1,739,472 $395,339 $4,436,652 S/L reimb ($289,837) ($64,223) ($318,715) ($672,775) $1,449,1.95 $321,116 $1,593,525 $3,363,977 Cats`;ti of Gross Dollars 14.8% 8.6% 37.8% 19.0% Cit`' of Corpus Christi 1201 Leopard Street 1 City Corpus Christi,TX 78401 cctexas.com o Meeting Minutes City Council Tuesday,April 17,2018 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 11:35 a.m. B. Invocation to be given by Mrs. Dorothy Dundas, Texas Apostolic Prayer Network. Mrs. Dorothy Dundas gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Steve Viera, Director of Human Resources. Director of Human Resources Steven Viera led the Pledge of Allegiance. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Margie C. Rose, City Attorney Miles K. Risley, and City Secretary Rebecca L. Huerta. City of Corpus Christi Page 1 Printed on 4/19/2018 City Council Meeting Minutes April 17,2018 Present: 8- Mayor Joe McComb,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Michael Hunter,Council Member Debbie Lindsey-Opel,Council Member Ben Molina,Council Member Lucy Rubio, and Council Member Greg Smith E. Proclamations /Commendations 1. Proclamation declaring April 10, 2018, "National Equal Pay Day". Proclamation declaring April 16-21, 2018, "Week of the Young Child". Proclamation declaring April 22-29, 2018, "Medical Laboratory Professionals Week". Proclamation declaring April 26 - May 13, 2018, "The 81st Buccaneer Days Celebration". Commendation recognizing Steve Chapman, Calallen Varsity Baseball Coach, for 1,000 wins. Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. Mayor McComb presented the proclamations and a commendation and conducted the swearing-in ceremony for newly appointed board and committee members. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Mayor McComb deviated from the agenda and referred to comments from the public. Wendy Herman, Executive Director of the Coastal Bend Homebuilders Association, 5325 Yorktown, spoke regarding Agenda Item 16, a resolution adopting the City of Corpus Christi Annexation Guidelines, publicly thanking City staff for negotiating with the Homebuilders Association and stated that the builders still believe that an annexation policy will stunt growth in the City. James Skrobarczyk, 714 Oriole,spoke in opposition to Agenda Item 16, a resolution adopting the City of Corpus Christi Annexation Guidelines and expressed the need to implement the master plans. Isabel Araiza, 326 Poenisch,spoke regarding the past and present state of housing; the City denying citizens'access to resources; potential budget cuts to City services; and the City giving advantages to corporate businesses. Julie Rogers, 710 Furman,spoke regarding the value of public libraries and potential Library Department budget cuts. Margareta Fratila, 3606 Tripoli, spoke regarding the Water Department and related legal issues. Selena Ortega, 5933 Parkview City of Corpus Christi Paye 2 Printed on 4/19/2018 City Council Meeting Minutes April 17,2018 Drive,spoke regarding the upcoming budget, including reinvesting in the most needed areas and prioritizing the use of funds to ensure domestic tranquility. Susie Luna Saldana, 4710 Hakel, urged the City Council to meet with the City's Port of Corpus Christi Authority appointees regarding activities at the Port. Sylvia Campos, 4410 Fern,spoke regarding potential budget cuts to the Library and her previous request for the City to reach out to entities in the City's industrial districts to pay their share of taxes.Joan Veith, 5701 Cain Drive, provided a history of the Houston Astros. Reagan Brown, 5830 McArdle,spoke regarding the following: Agenda Item 16, a resolution adopting the City of Corpus Christi Annexation Guidelines; the Development Services Department's audit related to the trust funds; and revisiting the 65-and-over homestead exemption. Carrie Robertson Meyer,4401 Gulf Breeze Boulevard, asked the City Council to appoint her to the vacant District 1 Council Member position. David Pena,4726 Prescott,spoke regarding Agenda Item 13, a lease agreement with Tejas Bowmen Archery Club for use of property near the Allison Wastewater Treatment Plan, and provided information regarding the history, maintenance and operations of the Tejas Bowmen Archery Club. 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) The Parks and Recreation Department will host the ribbon cutting for The Water's Edge on Wednesday,April 18,2018 at 6:00 p.m. at The Great Lawn near McCaughan Park. Director of Parks and Recreation Jay Ellington presented a video related to the completion of The Water's Edge Park and provided information regarding a proposed donation from Fulton Coastcon Contractors and Texas A&M University-Corpus Christi named Islanders Courts. 2) Code Enforcement and the Solid Waste Services Department, along with the Texas General Land Office and Texas Parks and Wildlife, are hosting the Vessel Turn-in Program event. The event is free for the public to dispose of unwanted vessels and boat trailers. Proof of ownership is required and any gas, oil or batteries must be removed prior to drop off. The event will run from April 24,2018 through April 28,2018 from 9:00 a.m. to 4:00 p.m. at the Laguna Madre Wastewater Treatment Plant, located at 201 Jester Street. 3)City Manager Rose recognized Megan Ysassi, Human Resources Department Learning and Development Analyst,who won 1st place in the International Toastmasters Corpus Christi Area Speech Contest.4)City Manager Rose recognized Director of Human Resources Steven Viera who has been selected as one of 30 nationwide finalist for the NextGen Public Service Award. G. MINUTES: 2. Regular Meeting of April 10, 2018. Mayor McComb referred to approval of the minutes. A council member reported a typographical error on Page 4,second paragraph. Council Member Garza made a motion to approve the minutes as amended, seconded by Council Member Lindsey-Opel and passed unanimously. City of Corpus Christi Page 3 Printed on 4/19/2018 City Council Meeting Minutes April 17,2018 H. BOARD &COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 3 - 13) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. There were no comments from the Council or the public. City Secretary Rebecca L. Huerta announced that Council Member Lindsey-Opel was abstaining on Item 10. A motion was made by Council Member Garza, seconded by Council Member Molina, to approve the Consent Agenda. The consent agenda items were passed and approved by one vote as follows: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Abstained: 0 3. One-Year Service Agreement for Pump Repair and Replacement Services for Water Utilities Motion authorizing a one-year service agreement with Smith Pump Company of Waco, Texas, for Pump Repair and Replacement Services for a total amount not to exceed $244,460, with two one-year options for a total potential multi-year amount of up to $733,380. This Motion was passed on the consent agenda. Enactment No: M2018-055 4. Purchase of 42 trucks for the Utilities Department Motion authorizing the purchase of twenty-eight (28) 2018 F-150 trucks from Silsbee Ford of Silsbee, Texas; five (5) 2018 F-450 trucks from Grande Truck Center of San Antonio, Texas; eight (8) 2018 F-250 trucks, and one (1) 2018 F-350 truck from Rush Truck Center of New Braunfels, Texas via BuyBoard for a total amount of$1,441,898.04. This Motion was passed on the consent agenda. Enactment No: M2018-056 5. Master Services Agreement for O.N. Stevens Water Treatment Plan Site Infrastructure Improvements (Capital Improvement Program) Motion authorizing a Master Service Agreement (MSA) with Freese and City of Corpus Christi Page 4 Printed on 4/19/2018 City Council Meeting Minutes April 17,2018 Nichols, Inc., (FNI) of Corpus Christi, Texas in the amount of$300,000 for O.N. Stevens Water Treatment Plant (ONSWTP) Site Infrastructure Improvements for a base year and two (2) optional one-year administrative renewals allowing a total potential multi-year not to exceed amount of$900,000. (Capital Improvement Program - CIP) This Motion was passed on the consent agenda. Enactment No: M2018-057 6. Purchase of a Kubota Farm Tractor for Beach Operations Motion authorizing the purchase of a Kubota farm tractor from Ewald Kubota, of Corpus Christi, Texas, via BuyBoard for the total amount not to exceed $74,960.90. This Motion was passed on the consent agenda. Enactment No: M2018-058 7. Purchase of Seven (7) Utility Terrain Vehicles for Parks and Recreation Motion authorizing the purchase of four Kubota RTV-X9000-A utility terrain vehicles and three Kubota RTV-X900H-W for $118,263 from Ewald Kubota, of Corpus Christi, Texas. This Motion was passed on the consent agenda. Enactment No: M2018-059 8. Five-Year Service Agreement for magazine and newspaper subscriptions for the City Libraries Motion authorizing a five-year service agreement for magazine and newspaper subscriptions with W.T. Cox Information Services, from Shallotte, North Carolina, via BuyBoard for a total amount not to exceed $70,000. This Motion was passed on the consent agenda. Enactment No: M2018-060 9. Service Agreement for two years for automatic door services and repairs at the Corpus Christi International Airport Motion authorizing a two-year service agreement with Door Direct of Corpus Christi, Texas to provide Automatic Door services and repairs for Corpus Christi International Airport (CCIA) for a total amount not to exceed $95,160, with two one-year options allowing a total potential multi-year not to exceed amount of$190,320. City of Corpus Christi Page 5 Printed on 4/19/2018 City Council Meeting Minutes April 17,2018 This Motion was passed on the consent agenda. Enactment No: M2018-061 11. Resolution adopting the City's Guidelines and Criteria for Granting Tax Abatements This Resolution was passed on the consent agenda. Enactment No: 031413 12. Second Reading Ordinance -Accepting and appropriating State funds for training and equipment for the Police Department (1st Reading 3/27/18) Ordinance accepting $26,475.49 from State of Texas - Law Enforcement Officer Standards and Education Account; and appropriating $26,475.49 in Police Grants Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031414 13. Second Reading Ordinance - Five Year Lease for Property near Allison Wastewater Treatment Plant for operation of public archery range (1st Reading 3/27/18) Ordinance authorizing execution of a five-year lease agreement with Tejas Bowmen Archery Club for use of the property near Allison Wastewater Treatment Plant off McKenzie Road to maintain and operate a public archery range. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031415 10. Resolution approving the revisions to the Type A Guidelines adopted in 2018 Resolution Approving Corpus Christi Business and Job Development Corporation Amended Guidelines and Criteria for Granting Business Incentives. Mayor McComb referred to Item 10. Council Member Molina made a motion to approve the resolution, seconded by Council Member Guajardo. This Resolution was passed and approved with the following vote: Aye: 7- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio and Council Member Smith City of Corpus Christi Page 6 Printed on 4/19/2018 City Council Meeting Minutes April 17,2018 Abstained: 1 - Council Member Lindsey-Opel Enactment No: 031412 M. PUBLIC HEARINGS: (ITEM 14) 14. Public Hearing and First Reading Ordinance - Rezoning property located at or near 718 South Navigation Boulevard (3/4 Vote Required) Case No. 1117-01 GMG Partners, LP.: Ordinance extending a Special Permit for an additional 36 months (3 years) for property at or near 718 South Navigation Boulevard. Planning Commission and Staff Recommendation (February 21, 2018): Approval of the extension of the Special Permit for an additional 36 months (3 years). Ordinance: Case No. 1117-01 GMG Partners, LP: Ordinance amending Zoning Ordinance 030511 on a property at or near 718 South Navigation Boulevard by adding a 36-month time extension to the special permit time limit initially approved. Mayor McComb referred to Item 14. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to allow for the extension of a Special Permit for an additional 36 months to allow for continuance of resource extraction at the site,specifically sand, gravel, and dirt, and accessory uses, including a temporary office and building to store equipment. Ms. Nixon-Mendez stated that the Planning Commission and staff are in favor of the zoning change.A three-fourths majority vote of the City Council is required for approval. Thomas Tiffin, Munoz Engineering and representative for the applicant, addressed questions regarding drainage on the subject property. Council Members and staff discussed the following topics: opposition regarding the company addressing drainage improvements on Navigation Boulevard; if GMG Partners, LP has met required inspections;state law to mitigate water; the drainage plan in place; and tabling the item to allow GMG Partners, LP to meet with Driscoll Foundation to discuss drainage issues. Mayor McComb opened the pubic hearing. There were no comments from the public. Mayor McComb closed the public hearing. Council Member Smith made a motion to table this item, seconded by Council Member Rubio. This item was tabled with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith City of Corpus Christi Page 7 Printed on 4/19/2018 City Council Meeting Minutes April 17,2018 Abstained: 0 R. EXECUTIVE SESSION: (ITEMS 28 - 29) Mayor McComb deviated from the agenda and referred to Executive Session Items 28-29. The Council went into executive session at 1:28 p.m. The Council returned from executive session at 3:15 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 annexation, the provision of water and wastewater services in newly annexed and unincorporated areas, the development of properties owned by the City, contractual obligations pursuant to the lease of property to SQH Sports & Entertainment, Inc. near the intersection of State Highway 286 and Weber Road, the City's wastewater-related trust funds, and the City's master plan for the provision of wastewater in the aforementioned area and areas adjacent thereto and pursuant to Texas Government Code § 551.072 to discuss and deliberate the lease and value of the aforementioned real property owned by the City when deliberation in open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. 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 annexation, the provision of water and wastewater services in unincorporated areas, Sections 55-110 and 55-111 of the City Code, contractual obligations related to the provision of water in the City's extraterritorial jurisdiction, the International Building Code, International Fire Code, International Plumbing Code, National Electrical Code, and other development related codes, platting and other development obligations in the extraterritorial jurisdiction, development-related fees, legal issues related to development by the London Independent School District, Chapter 552 and Chapter 212 of the Texas Local Government Code, regulations of the Texas Commission of Environmental Quality and Texas Public Utilities Commission, related to the provision of water, and other state and local legal matters related to the aforementioned issues. This E-Session Item was discussed in executive session. L. RECESS FOR LUNCH The recess for lunch was held during Executive Session Items 28 and 29. City of Corpus Christi Paye 8 Printed on 4/19/2018 City Council Meeting Minutes April 17,2018 M. PUBLIC HEARINGS: (ITEM 15) 15. Public Hearing and First Reading - Tax Increment Reinvestment Zone #3 Traffic and Planning Analysis Ordinance adopting the "Tax Increment Reinvestment Zone #3 Traffic and Planning Analysis" specific plan; and amending the Comprehensive Plan. Mayor McComb referred to Item 15. Director of Planning and ESI Daniel McGinn stated that the purpose of this item is to adopt the Tax Increment Reinvestment Zone#3 Traffic and Planning Analysis. Council members and staff discussed the following topics:staff remaining close to the project;follow-up with stakeholders, TIRZ#3 Board, and City Council in 30, 60 or 90 days regarding the status of the plan; and funding for short-term projects. Mayor McComb opened the public hearing. There were no comments from the public. Mayor McComb closed the public hearing. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Lindsey-Opel. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Abstained: 0 N. REGULAR AGENDA: (ITEMS 16 - 17) 16. Resolution Adopting City of Corpus Christi Annexation Guidelines Mayor McComb referred to Item 16. Director of Planning and ESI Daniel McGinn stated that the purpose of this item is to adopt the City of Corpus Christi's Annexation Guidelines. Mr. McGinn stated that staff met with the Coastal Bend Homeowners Association and presented the negotiated modifications. Council members and staff discussed the following topics: clarification of the stakeholders'votes against the annexation policy; requirements for the master plan;the status of the master plans;the status of the London Area Master Plan; standard practice for updating plans; developers opposition to the annexation guidelines; staff meeting with stakeholders to negotiate modifications to the guidelines; any annexations would require City Council action; a feasibility study regarding service plans for smaller tracts of land; review of the annexation guidelines after the master plan is approved; and the annexation process being pursuant to state law. Council Member Lindsey-Opel made a motion to amend the resolution by replacing Exhibit A with the modified annexation guidelines,seconded by City of Corpus Christi Paye 9 Printed on 4/19/2018 City Council Meeting Minutes April 17,2018 Council Member Garza and passed unanimously. Mayor McComb called for comments from the public.Wendy Herman, Executive Director of the Coastal Bend Homebuilders Association, 5325 Yorktown,spoke regarding the compromise between staff and the Coastal Bend Homebuilders Association and stated that she was available for questions from the City Council. Council Member Lindsey-Opel made a motion to approve the resolution as amended,seconded by Council Member Garza. This Resolution was passed as amended and approved with the following vote: Aye: 6- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Lindsey-Opel, Council Member Rubio and Council Member Smith Nay: 2- Council Member Hunter and Council Member Molina Abstained: 0 Enactment No: 031416 17. Professional Services Contracts and Amendments - Construction Inspection Staff Support (Capital Improvement Program and Bond Projects) Motion authorizing multiple amendments, and award new contracts for Representative Services totaling $2,086,400 with optional renewals approved by City Council for providing Construction Inspection Staff Support for Engineering Services. 1. Award (NEW) contract to AGICM - 6 Inspectors at $1,060,800 2. Award contract amendments to Freese and Nichols - 2 Inspectors at $318,400 3. Award (NEW) contract to Heneco -4 Inspectors at$707,200 Mayor McComb referred to Item 17. Director of Engineering Services Jeff Edmonds stated that the purpose of this item is to award professional services contracts and amendments for construction inspection staff support. Mr. Edmonds explained that adjustments were made based on direction from City Council at the April 10,2018 Council meeting to reduce the positions from 15 to 12 and requiring any contract extensions come before the City Council for approval. There were no comments from the Council or the public. Council Member Garza made a motion to approve the motion, seconded by Council Member Lindsey-Opel. This Motion was passed and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: M2018-062 City of Corpus Christi Page 10 Printed on 4/19/2018 City Council Meeting Minutes April 17,2018 O. FIRST READING ORDINANCES: (ITEMS 18 -21) 18. First Reading Ordinance -Accepting and appropriating the Click It or Ticket Grant Ordinance accepting $17,989.64 from State of Texas, Department of Transportation for FY2018 Click It or Ticket program grant; and appropriating $17,989.64 in Police Grants Fund. Mayor McComb referred to Item 18. Police Chief Mike Markle stated that the purpose of this item is to accept and appropriate$17,989.64 from the Department of Transportation for the 2018 Click-It-or-Ticket program grant. There were no comments from the Council or the public. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Abstained: 0 19. First Reading Ordinance -Accepting and appropriating State Grant funds for the 2017 Operation Stonegarden Grant Program Ordinance accepting $336,443 from State of Texas Governor's Homeland Security Grants Division for funding eligible under FY2017 Department of Homeland Security Grant Program - Operation Stonegarden; and appropriating $336,443 in Police Grants Fund. Mayor McComb referred to Item 19. Police Chief Mike Markle stated that the purpose of this item is to accept and appropriate$336,443 from the State of Texas Governor's Homeland Security Grants Division. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Abstained: 0 20. First Reading Ordinance - Type A Grant for Jimenez Engineering Solutions, LLC dba International Consulting Engineers ("ICE) Ordinance approving a Business Incentive Agreement between the City of Corpus Christi Page 11 Printed on 4/19/2018 City Council Meeting Minutes April 17,2018 Corpus Christi Business and Job Development Corporation and Jimenez Engineering Solutions, LLC, dba International Consulting Engineers, to provide a grant of up to $125,000, for the creation of jobs; appropriating said funds from the Business/Job Development Fund; and amending the budget. Mike Culbertson, Corpus Christi Regional Economic Development Corporation, stated that International Consulting Engineers (ICE) is requesting a Type A fund grant in the amount of$125,000. ICE plans to expand their current business by investing $1.4 million in a new development at 261 Saratoga Boulevard and creating 25 full-time positions with an average annual salary of$50,000. Mr. Culbertson presented information on the project's economic impact and return-on-investment. There were no comments from the public. Council members and Mr. Culbertson discussed the following topics:the current average occupancy of office buildings in Corpus Christi; reviewing the Type A guidelines regarding inventory of office space; a previous request for Type A funding regarding improvements to an existing building; and the location of the new building. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Abstained: 0 21. First Reading Ordinance - Lease Agreement for Regional Sports Complex (Requires 28 day delay) Ordinance authorizing execution of 40-year Lease Agreement with SQH Sports and Entertainment, Inc. of approximately 203 acres located near State Highway 286 @ FM 43 for a Regional Sports Complex and other improvements with up to four 5-year extensions; and cancelling the existing lease. Mayor McComb referred to Item 21. City Secretary Rebecca L. Huerta announced that Council Member Garza was abstaining from this item. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to execute a 40-year lease agreement with SQH Sports and Entertainment, Inc. for a Regional Sports Complex. Mr. Ellington introduced representatives from SQH Sports and Entertainment, Inc., Derrick Hegmon and Bert Quintanilla. Mr. Ellington presented the following information:the contract negotiations; an area map; a site plan;the regional sports complex improvements; other commercial improvements; and performance milestones. Council members and the presentation team discussed the following topics: a council member's concerns regarding the lease of$1 for 203 acres with the City not receiving benefits from the regional sports complex; the regional sports complex being a quality of life project; the rendering of the building; how long the process has taken regarding the project; plans to address the floodway; if City of Corpus Christi Page 12 Printed on 4/19/2018 City Council Meeting Minutes April 17,2018 the floodway property will be open to the public; building of Oso Parkway; the percentage of the park accessible to the public; and usability of the land. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 6- Mayor McComb, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio and Council Member Smith Nay: 1 - Council Member Lindsey-Opel Abstained: 1 - Council Member Garza P. FUTURE AGENDA ITEMS: (ITEMS 22 - 27) Mayor McComb referred to Future Agenda Items. City Manager Margie C. Rose stated that staff had planned presentations on Items 22,24,25, and 27. 22. Professional Service Management Agreement for the Corpus Christi Museum of Science and History Resolution to execute a five-month agreement with CCMJV, LLC of Corpus Christi, Texas to operate and manage the Corpus Christi Museum of Science and History. This Resolution was recommended to the consent agenda. 23. Supply Agreement for two years for the purchase of liquid caustic soda solution for the O.N. Stevens Water Treatment Plant (Council Priority -Water) Motion authorizing a two year supply agreement with Univar USA, Inc., of Kent, Washington for the purchase of liquid caustic soda solution for a total amount not to exceed $7,513,545.00. This Motion was recommended to the consent agenda. 24. Resolution granting petition requesting annexation by area landowners of approximately 13.72 acres of land into the territorial limits of the City of Corpus Christi. This Resolution was recommended to the consent agenda. 25. Consulting Services for RESTORE Act Project Development and Grant Application Preparation and Submittal Motion authorizing contract with Sarosdy Consulting, Inc., of Austin, Texas, for one year for grant proposal development, submittal and advisor services associated with the RESTORE Act for $49,595 with options to extend for up to two additional one-year periods with a total City of Corpus Christi Page 13 Printed on 4/19/2018 City Council Meeting Minutes April 17,2018 potential multi-year amount not-to-exceed $148,785. This Motion was recommended to the consent agenda. 26. Interlocal Agreement for soil analysis Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Texas A&M AgriLife Extension Service in an amount not to exceed $2,400 for the implementation of a soil testing program. This Resolution was recommended to the consent agenda. 27. Renewal of Property Insurance for City-Owned Property Motion authorizing the City Manager to execute all documents necessary to renew property insurance, including All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown insurance through Carlisle Insurance Agency, Broker of Record, for upcoming policy year (May 5th, 2018-May 5th 2019) in exchange $2,110,480.05, of which $861,538.43 is required for the remainder of FY 2017-2018. This Motion was recommended to regular agenda. Q. BRIEFINGS: (NONE) R. EXECUTIVE SESSION: (ITEM 30) Mayor McComb referred to Executive Session Item 30. The Council went into executive session at 5:15 p.m. The Council returned from executive session at 5:39 p.m. 30. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to appointment of City Council representative for District 1 and pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, and duties of the City Council representative for District 1. Mayor McComb referred to Item 30. Mayor McComb announced that one of the applicants did not meeting the eligibility requirements to be considered for appointment on April 24, 2018. The following motion was considered: Motion naming four applicants for the vacant District 1 Council Member position as follows:Julian Antonio Firo, Carrie Robertson Meyer, Everett Albert Roy, and Gilbert Zeke Trevino. City Secretary Rebecca L. Huerta stated that the applicants will participate in public interviews on April 24, 2018 at 3:00 p.m during the City Council meeting. City of Corpus Christi Page 14 Printed on 4/19/2018 City Council Meeting Minutes April 17,2018 Council Member Lindsey-Opel made a motion to approve the motion, seconded by Council Member Rubio. This Motion was passed and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: M2018-063 S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Mayor McComb referred to Identify Council Future Agenda Items. Council members discussed the following items: preparing a fact sheet regarding the industrial district agreements; a recommendation to add a section to the City Council agenda titled "Strategic Future Issues"to consider long-range issues; a request for advice on how to run the meeting more efficiently including rules of decorum and parliamentary procedure; and the opportunity to discuss and establish the City Council's priorities and goals. T. ADJOURNMENT The meeting was adjourned at 5:46 p.m. City of Corpus Christi Page 15 Printed on 4/19/2018 Cit`' of Corpus Christi 1201 Leopard Street City Corpus Christi,TX 78401 i I cctexas.com �xa Meeting Minutes City Council Workshop Session Thursday,April 19,2018 9:00 AM City Council Chambers THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE TRAINING ROOM DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 9:01 a.m. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Margie C. Rose, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Present 8- Mayor Joe McComb, Council Member Rudy Garza, Council Member Paulette Guajardo, Council Member Michael Hunter, Council Member Debbie Lindsey-Opel, Council Member Ben Molina, Council Member Lucy Rubio, and Council Member Greg Smith C. BRIEFINGS TO CITY COUNCIL: 1. Budget Workshop 3 - Overview of Fiscal 2018-2019 Operating Budget Mayor McComb referred to Item 1. City Manager Margie C. Rose provided an overview of the budget presentation. Director of the Office of Management and Budget Eddie Houlihan presented information on the City's current retirement costs and plan design. Texas Municipal Retirement System Senior Regional Manager Anthony Mills presented an update on the Texas Municipal Retirement System(TMRS) consisting of the following topics: TMRS history and membership; TMRS investments; TMRS funding basics; how one-time and yearly ad hoc adoptions may affect the City's liability; how the system's soundness is related to the City's choices; pension issues in the news; how TMRS's plan design addresses potential problems; addressing benefits that are not sustainable; that state law requires TMRS funding discipline; unrealistic assumptions may understate pension costs and lead to long-term problems;state and local governance; City of Corpus Christi Page 1 Printed on 4/19/2018 City Council Workshop Session Meeting Minutes April 19,2018 recognition of TMRS's practices; Corpus Christi's TMRS plan specifics;the annual rate letter; plan change options; and peer cities and their TMRS plans. Council members and Mr. Mills discussed the following topics related to the City's TMRS retirement plan: the planned increase in the deposit rate in January 2019;the Texas Comptroller's Star Program; the City's control over the plan; plan sustainability from TMRS's perspective versus the City's perspective; obligations to existing employees versus new employees; changing contribution and vesting requirements for new employees via a tiered benefit structure not being allowable per existing state statute; closing the plan to new employees after a certain date and the resulting acceleration of the amortization schedule and that the liability for existing employees is statutorily required to be funded;that the City's funding requirements for existing employees would dramatically increase if the plan were to be closed to new employees; that TMRS currently has no position on tiered plans;the drawbacks of a tiered plan; the effect on the plan of contractual obligations relating to Police collective bargaining contracts; advance-funding of future costs;the fully funded plan rate;short-versus long-term plan flexibility; a moral, ethical and legal liability to fund existing employees and retiree retirement benefits; public versus private retirement plans;that the City has approximately$662 million in TMRS plan assets on the books; and the approximately$261 million to be funded in the plan over the next 25 years. Director Houlihan presented information on the following topics related to the City's budget: FY 2018 revenues; FY 2018 expense reductions currently under way; FY 2019 General Fund projected obligations and considerations; in a worst-case scenario,the Police and Fire health plan design will need to be addressed to control expenses in those funds;that the civilian employees' health insurance plan has already undergone substantial cost-saving changes, like the current high deductible as well as significant decreases in plan benefits; a health benefits update; potential Solid Waste fee increases; United Corpus Christi Chamber of Commerce's residential street recommendations; potential revenue sources and expenditure reductions in the Enterprise Fund; possible transfer to the General Fund from Utilities; consideration to implement a one-cent property tax increase, resulting in $1.7 million in additional revenue that could be dedicated solely to Public Safety; and other fee increases. Council members and City Manager Rose discussed the following topics regarding the City's budget: working with the Nueces County Appraisal District relating to industrial district agreement payments;the potential positive effect on the budget from the health benefits procurement currently in progress; including projected revenues from the Texas Ambulance Supplemental Payment Program(TASPP)in the budget;the fairness of across-the-board cuts for all departments;the effect on departments of a larger-than-usual number of retirements in January 2019, particularly in the Police Department; coming to a decision regarding having a Police academy; unanticipated/unbudgeted sales tax revenues; reasons for variances in projected versus actual revenues; not actually being in a$20 million dollar budget deficit now; worst-case deficit projections; property tax revenue trends; Police and Fire collective bargaining commitments being planned for in past and current budgets; financial obligations created by past councils;the effect on property values and related revenue resulting from damage from Hurricane Harvey;the negative financial impact of the Affordable Care Act and rising healthcare costs; addressing the predictability of industrial district revenues; not blaming previous city councils City of Corpus Christi Paye 2 Printed on 4/19/2018 City Council Workshop Session Meeting Minutes April 19,2018 relating to budget challenges; council's role as a policy maker; that the voter-approved two-cent property tax increase for residential streets is included in the budget presented; and public safety. D. ADJOURNMENT The meeting was adjourned at 11:09 a.m. City of Corpus Christi Page 3 Printed on 4/19/2018 se GO O Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of April 17, 2018 NORPOPPEAction Item for the Cit Council Meeting of April 24, 2018 1852 Y g p DATE: April 17, 2018 TO: Margie C. Rose, City Manager FROM: Esther Velazquez, Assistant to the City Manager EstherV@cctexas.com 361.826.3093 Professional Service Management Agreement for the Corpus Christi Museum of Science and History CAPTION: Resolution to execute a five-month agreement with CCMJV, LLC of Corpus Christi, Texas to operate and manage the Corpus Christi Museum of Science and History PURPOSE: The purpose of this item is to enter into a 5 month professional service management agreement with updated terms as agreed upon by the City and CCMJV, LLC (CCMJV). This agreement expires on September 30, 2018. BACKGROUND AND FINDINGS: In 2012 the City entered into a management agreement with CCMJV for the operation of the Corpus Christi Museum of Science and History (Museum). The results have been positive, with increased attendance, programs and revenues. With this agreement, the City shall retain ownership of all Museum land, buildings and collections. CCMJV will maintain the Museum's mission and continue to ensure the Museum's integrity by maintaining its accreditation through the American Association of Museums and its certification as an archeological repository through the Texas Historical Commission. During the five months of this agreement staff will go through a request for proposal (RFP) process to select an entity and enter into an agreement with a term beginning on October 1, 2018. ALTERNATIVES: Not authorizing this agreement. OTHER CONSIDERATIONS: CCMJV continues their commitment to the future of the Museum with this agreement. CONFORMITY TO CITY POLICY: N/A DEPARTMENTALCLEARANCES: Legal Budget Finance 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 $562,892 $562,892 BALANCE Fund(s): General Fund Comments: N/A RECOMMENDATION: Staff recommends approval of this item. LIST OF SUPPORTING DOCUMENTS: Resolution Agreement Presentation Informal Staff Report Resolution to execute a five-month agreement with CCMJV, LLC of Corpus Christi, Texas to operate and manage the Corpus Christi Museum of Science and History WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, Texas Local Government Code, Section 252.022(a)(4), provides: "(a) This chapter does not apply to an expenditure for: . . . (4) a procurement for personal, professional, or planning services"; and WHEREAS, CCMJV, LLC is an organization whose principals have substantial experience and expertise in the management, operation, and marketing of museum and amusement services. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council finds that the procurement for management of the Corpus Christi Museum of Science and History is a professional service. Section 2. The City Manager or designee is authorized to execute a five-month agreement with CCMJV, LLC of Corpus Christi, Texas to operate and manage the Corpus Christi Museum of Science and History. 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 Page 2 of 2 PROFESSIONAL SERVICE MANAGEMENT AGREEMENT FOR THE CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY BETWEEN CITY OF CORPUS CHRISTI AND CCMM LLC 1 Article1 ......................................................................................................................................................11 Definitions ..................................................................................................................................................11 ARTICLE2.................................................................................................................................................16 INTRODUCTION...................................................................................................................................... 16 2.1 Term................................................................................................................................................ 16 2.2 Grant of Authority........................................................................................................................... 16 2.3 Nature of Relationship..................................................................................................................... 16 2.4 Contract Administrator.................................................................................................................... 16 ARTICLE3................................................................................................................................................. 17 MANAGEMENT AND OPERATION OF PREMISES AND PERSONAL PROPERTY........................ 17 3.1 Premises........................................................................................................................................... 17 3.2 Personal Property. .......................................................................................................................... 17 3.3 Use of the Premises......................................................................................................................... 17 (a) Required Use............................................................................................................................... 17 (b) Prohibited Use............................................................................................................................. 17 (c) No Illegal Uses or Nuisances...................................................................................................... 17 3.4 Parking Lot Use............................................................................................................................... 17 ARTICLE4................................................................................................................................................. 18 EXISTING THIRD-PARTY AGREEMENTS........................................................................................... 18 4.1 Existing Third-Party Agreements................................................................................................... 18 ARTICLE5................................................................................................................................................. 18 Operations................................................................................................................................................... 18 5.1 CCMJV Responsibility.................................................................................................................... 18 5.2 Museum Mission.............................................................................................................................18 (a) Internal Strategic Objectives....................................................................................................... 18 5.3 City Operations Support Payments. ................................................................................................19 (a) Operations Account. ................................................................................................................... 19 (b) Operation Support Payment........................................................................................................19 (c) Advancing of Funds for Operation Support................................................................................ 19 (d) Over Budgeted Expenses............................................................................................................20 (e) Unbudgeted and Under Budgeted Expenses...............................................................................20 5.4 City Paid Expenses..........................................................................................................................20 2 (a) City Provided Services................................................................................................................20 (1) Informational Technology Services........................................................................................20 (2) Building Maintenance Service................................................................................................20 (3) Mail Service. ..........................................................................................................................20 (b) Electricity....................................................................................................................................20 5.5 City Procurements..........................................................................................................................20 (a) Computers Procurement..............................................................................................................21 (b) Multifunction Copier Procurement.............................................................................................21 (c) Elevator Maintenance Procurement............................................................................................21 5.6 Water,Gas, and Waste Water..........................................................................................................21 5.7 Proportionate Year. ........................................................................................................................21 ARTICLE6.................................................................................................................................................21 ACCREDITATION, CERTIFICATION,LICENSING,AND PERMITS................................................21 6.1 Required Accreditation and Certification........................................................................................21 6.2 Licenses and Permits.......................................................................................................................21 6.3 City Representations.......................................................................................................................22 ARTICLE7.................................................................................................................................................22 MUSEUM COLLECTION MANAGEMENT...........................................................................................22 7.1 Collection Inventory........................................................................................................................22 7.2 Collection Management Policy.......................................................................................................22 7.3 Deaccession of Collection...............................................................................................................22 7.4 Deaccessioned Objects....................................................................................................................23 (a) Disposal by Sale..........................................................................................................................23 (b) Disposal by Exchange or Donation.............................................................................................23 (c) Disposal by Transfer...................................................................................................................23 (d) Donor Notification......................................................................................................................23 7.5 Acquisitions,Loans, and Destructive Analysis of Collections. ......................................................24 ARTICLE8.................................................................................................................................................24 NEW FACILITIES OPERATING AND MAINTENANCE COSTS........................................................24 8.1 New Facilities Operating and Maintenance Costs..........................................................................24 ARTICLE9.................................................................................................................................................24 ADMISSIONS............................................................................................................................................24 9.1 Admissions......................................................................................................................................24 3 9.2 Access.............................................................................................................................................24 9.3 Admissions Tax...............................................................................................................................25 ARTICLE10...............................................................................................................................................25 PURCHASES OF SUPPLIES AND SERVICES.......................................................................................25 10.1 Purchase of Supplies and Services..................................................................................................25 10.2 Contacting Historically Underutilized Businesses..........................................................................25 10.3 Expenditures in Excess of Ten Thousand Dollars($10,000).........................................................25 10.4 CCMJV Municipality Status...........................................................................................................26 ARTICLEI I...............................................................................................................................................26 FACILITY IMPROVEMENTS AND ALTERATIONS............................................................................26 11.1 Facility Improvements and Alterations...........................................................................................26 11.4 Approved Facility Improvements and Alterations. .........................................................................26 11.5 Title to Improvements.....................................................................................................................26 11.6 CCMJV's Personal Property............................................................................................................26 ARTICLE12...............................................................................................................................................26 ENGINEERING, STRUCTURAL AND LAYOUT STUDIES.................................................................26 12.1 Studies............................................................................................................................................26 ARTICLE13...............................................................................................................................................26 ADVERTISING..........................................................................................................................................26 13.1 Museum Advertisement...................................................................................................................27 13.2 Advertisement Reimbursement.......................................................................................................27 13.3 Use of Hotel Occupancy Tax Funds. :............................................................................................27 ARTICLE14...............................................................................................................................................28 NAMINGRIGHTS.....................................................................................................................................28 14.1 Museum Name. ...............................................................................................................................28 14.2. Donation Acknowledgement...........................................................................................................28 ARTICLE15...............................................................................................................................................28 MAINTENANCE.......................................................................................................................................28 15.1 General Maintenance......................................................................................................................28 15.2 Random Inspection.........................................................................................................................28 15.3 In-Kind Maintenance......................................................................................................................28 15.4 Contractor Insurance .......................................................................................................................28 ARTICLE16...............................................................................................................................................29 4 STAFFING AND EMPLOYEES...............................................................................................................29 16.1 Employees.......................................................................................................................................29 16.2 Payroll and Taxation. .....................................................................................................................29 (a) CCMJV Payroll...........................................................................................................................29 ARTICLE17...............................................................................................................................................29 GOVERNANCE.........................................................................................................................................29 17.1 Governance.....................................................................................................................................29 ARTICLE18...............................................................................................................................................29 ROLES........................................................................................................................................................29 18.1 Advisory Board. ..............................................................................................................................29 18.2 Museum Executive Director............................................................................................................29 18.3 Museum Collection Manager..........................................................................................................30 18.4 Museum Registrar. ..........................................................................................................................30 18.5 Museum Educator Director. ............................................................................................................30 18.6 Exhibit Manager..............................................................................................................................30 ARTICLE19...............................................................................................................................................30 PROFESSIONALSTAFF..........................................................................................................................30 19.1 Minimum Professional Staff...........................................................................................................31 19.2 Modification of Minimum Professional Staff. ................................................................................31 19.3 Minimum Qualification and Experience for Professional Staff......................................................31 (a) Museum Executive Director's Minimum Qualifications............................................................31 (b) Museum Collection Manager Minimum Qualifications.............................................................31 (c) Museum Registrar Minimum Qualifications. .............................................................................31 (d) Museum Educator Minimum Qualifications...............................................................................31 (e) Museum Educator Assistant Minimum Qualifications...............................................................31 (f) Exhibit Manager Minimum Qualifications.................................................................................32 19.4 Waiver of Minimum Qualifications................................................................................................32 ARTICLE20...............................................................................................................................................32 FISCALMATTERS...................................................................................................................................32 20.1 Capital Campaign...........................................................................................................................32 20.2 Miscellaneous Fees and Prices.......................................................................................................32 20.3 Franchises or Concessions...............................................................................................................32 20.4 Solicitation of Private and Public Funding......................................................................................32 5 20.5 Grant Funding.................................................................................................................................33 ARTICLE21...............................................................................................................................................33 PROHIBITED TRANSACTIONS AND BENEFITS................................................................................33 21.1 Benefits to Individuals....................................................................................................................33 ARTICLE22...............................................................................................................................................33 REVENUE..................................................................................................................................................33 22.1 Revenue Account. ...........................................................................................................................33 22.2 Proportionate Year..........................................................................................................................33 ARTICLE23...............................................................................................................................................33 ADMINISTRATIVE&MANAGEMENT FEE........................................................................................33 23.1 Administrative Fee..........................................................................................................................33 ARTICLE24...............................................................................................................................................34 REPORTING OBLIGATIONS..................................................................................................................34 24.1 Annual Reporting Requirements.....................................................................................................34 24.2 Quarterly Reporting Requirements..................................................................................................34 24.3 Monthly Reporting Requirements..................................................................................................34 ARTICLE25...............................................................................................................................................34 BOOKSAND RECORDS..........................................................................................................................34 25.1 Financial Records...........................................................................................................................35 25.2 City Audit Participation..................................................................................................................35 ARTICLE26...............................................................................................................................................35 CCMJVCODE OF ETHICS......................................................................................................................35 26.1 CCMJV Code of Ethics...................................................................................................................35 26.2 Ethics Report...................................................................................................................................35 ARTICLE27...............................................................................................................................................35 INSURANCE..............................................................................................................................................35 27.1 Liability Insurance..........................................................................................................................35 (a) Commercial General Liability Insurance....................................................................................35 (b) Business Automobile Liability Insurance...................................................................................36 (c) Crime and Fidelity Coverage......................................................................................................36 (d) Workers'Compensation and Employers' Liability.....................................................................36 27.2 Policy Rating and Primary Insurance Requirements.......................................................................36 27.3 Policy Requirements........................................................................................................................36 6 27.4 Proof of Policy................................................................................................................................36 27.5 Request of Policy.............................................................................................................................37 27.6 Commencement of Work. ...............................................................................................................37 27.7 Primary Insurance............................................................................................................................37 27.8 Liability Insurance Modification.....................................................................................................37 27.9 Policy Renewal................................................................................................................................38 27.10 Failure to Insure..............................................................................................................................38 27.11 Property Insurance...........................................................................................................................38 27.12 Business Interruption Insurance......................................................................................................38 27.13 Waiver of Subrogation. ..................................................................................................................38 27.14 Payment of Damages.......................................................................................................................38 27.15 Report of Accident. .........................................................................................................................38 27.16 Proceeds of Casualty Insurance.......................................................................................................38 ARTICLE28...............................................................................................................................................39 REPRESENTATIONS AND WARRANTIES...........................................................................................39 28.1 Representations and Warranties.....................................................................................................39 (a) Mission............................................................................................................................................39 (b) Forination. .......................................................................................................................................39 (c) Authority. ........................................................................................................................................39 (d) Conflicts and Consents....................................................................................................................39 (e) Conflict with Orders, etc.................................................................................................................40 (f) Litigation. ........................................................................................................................................40 ARTICLE29...............................................................................................................................................40 FORCEMAJEURE....................................................................................................................................40 29.1 Force Majeure.................................................................................................................................40 ARTICLE30...............................................................................................................................................40 INDEMNITY..............................................................................................................................................40 30.1 Indemnification and Hold Harmless..........................................................................................40 30.2 Relationship to Insurance Obligations.............................................................................................42 ARTICLE31...............................................................................................................................................42 DEFAULT; TERMINATION OF AGREEMENT; REMEDIES...............................................................42 31.1 Termination by City. ......................................................................................................................42 31.2 Termination by CCMJV.................................................................................................................42 7 ARTICLE32...............................................................................................................................................42 SURRENDER OF PREMISES...................................................................................................................42 32.1 Surrender of Premises; Transition..................................................................................................43 ARTICLE33...............................................................................................................................................43 HAZARDOUS MATERIALS....................................................................................................................43 33.1 Definitions......................................................................................................................................43 (a) "Environmental Laws"................................................................................................................43 (b) "Hazardous Material".................................................................................................................43 (c) "Release".....................................................................................................................................44 33.2 No Hazardous Materials.................................................................................................................44 33.3 CCMJV's Environmental Indemnity..............................................................................................44 ARTICLE34...............................................................................................................................................44 ASSIGNMENTS; SUBCONTRACTING..................................................................................................44 34.1 Assignments; Subcontracting. ........................................................................................................44 ARTICLE35...............................................................................................................................................45 NOTICES....................................................................................................................................................45 35.1 Notices............................................................................................................................................45 ARTICLE36...............................................................................................................................................45 COMPLIANCE WITH LAWS...................................................................................................................45 36.1 Generally........................................................................................................................................45 36.2 Preexisting Conditions. ..................................................................................................................45 36.3 Americans with Disabilities Act.....................................................................................................46 36.4 Non-Discrimination Ordinances.....................................................................................................46 ARTICLE37...............................................................................................................................................46 TAXES, ASSESSMENTS, LICENSES,PERMIT FEES, AND LIENS ...................................................46 37.1 Taxes, Assessments, Licenses,Permit Fees, and Liens..................................................................46 37.2 Sales Tax.........................................................................................................................................47 37.3 Unpaid taxes....................................................................................................................................47 ARTICLE38...............................................................................................................................................47 MISCELLANEOUS...................................................................................................................................47 38.1 Liability of the City.........................................................................................................................47 38.2 Liability of CCMJV.........................................................................................................................47 38.3 Liens...............................................................................................................................................47 8 38.4 Parties and Their Agents. ................................................................................................................47 38.5 Dispute Resolution. .........................................................................................................................47 38.6 No Implied Waiver..........................................................................................................................48 38.7 Headings and Subheadings.............................................................................................................48 38.8 Successors and Assigns...................................................................................................................48 38.9 Access to Museum...........................................................................................................................48 38.10 Relationship of Parties.....................................................................................................................48 38.11 Agreement Made in Texas..............................................................................................................48 38.12 Integrated Agreement; Modification...............................................................................................48 38.13 Counterparts. ..................................................................................................................................49 38.14 Exhibits............................................................................................................................................49 38.15 Non-Liability of Officials, Employees, and Agents........................................................................49 38.16 Time of Essence. .............................................................................................................................49 38.17 Survival of Indemnities. ..................................................................................................................49 38.18 Good Faith Dealings........................................................................................................................49 38.19 Severability......................................................................................................................................49 38.20 Non-Appropriation...........................................................................................50 38.21 Certificate of Interested Parties........................................................................... 50 38.22 Conflict of Interest............................................................................................50 38.23 Failure to Appropriate Funds................................................................................50 38.24 Verification Regarding Israel................................................................................51 EXHIBITS Exhibit A - Museum Premises Exhibit B - Museum Parking Lot Diagram Exhibit C - Current Accreditation and Certification Exhibit D - Licenses and Permits Exhibit E- Collection Management Policy Exhibit F - Museum Deaccession Process Exhibit G - Admission Fees 9 Exhibit H - Governance Exhibit I- Museum Value for City Insurance Policy Coverage Exhibit J - Facility Use Policy Exhibit K— Facility Maintenance 10 CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY PROFESSIONAL SERVICE MANAGEMENT AGREEMENT This Corpus Christi Museum of Science and History Professional Service Management Agreement(the"Agreement") is entered into as of the 1st day of May, 2018 between the CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation (the "City") and CCMJV, LLC, a Texas limited liability company ("CCMJV"). RECITALS L The City, acting through its duly authorized City Manager ("City Manager"), currently owns the Corpus Christi Museum of Science and History (the"Museum"), together with all facilities, machinery, attachments, appurtenance, collections, artifacts, and exhibits, located in the City of Corpus Christi. The Museum is located at 1900 N. Chaparral Street and described in greater detail in Exhibit"A",which is attached; and II. CCMJV is an organization whose principals have substantial experience and expertise in the management, operation, and marketing of amusement services; and III. It is the City's intention that the Museum be operated in a First-Class and fiscally responsible manner with the objectives of creating a modern edutainment Museum that will appeal to both children and adults while maintaining the established history and science mission of the Museum, as well as the certification and accreditation; minimizing financial operating requirements required from public funds; and, in general, maximizing the utilization of the Museum for the benefit of the City,while minimizing, to the extent practical, the net cost to the City. NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: AGREEMENT ARTICLE 1 DEFINITIONS As used in this Agreement, the following terms shall have the following meanings: "Advisory Board" shall mean the Corpus Christi Museum of Science and History Advisory Board assembled under the authority of City Ordinance 2-90. The Advisory Board is assembled to serve as an advisor to the Museum department and to the City Council in matters of support and development of the Museum. The board may adopt comprehensive policies relating to the management of collections, acquisitions for the collections, disposition and the deacquisition of objects in and for the collection, and use of Museum facilities. "Affiliate" shall mean with respect to any corporation, partnership or other entity, any other such entity which is and at all times remains Controlled(as hereinafter defined)by,under 11 common Control with or which Controls the first such entity, and(ii) "Control" means direct or indirect ownership of not less than 10% of all the voting stock of a corporation or not less than 10% of the legal and equitable interest in a partnership or other entity or the ability to direct management, operations or policy decisions of such corporation, partnership or other entity. "Annual Report" shall mean the annual report prepared by CCMJV setting forth a summary of the operations of the Museum and the services provided by CCMJV for the preceding year, along with information regarding plans for the upcoming report year, as further described in 27.1 below. "AAM" shall mean the American Association of Museums or its successor as the nationally recognized agency for accrediting Museums. "Business Day„ shall mean any day on which banks in the State of Texas are open for business, excluding Saturdays and Sundays. "Capital Campaign" shall mean an intensive fund raising effort designed to raise a specified sum of money within a defined time period for facility improvement to the Museum. These facility improvements can include the construction of new buildings, renovation or enlargement of existing buildings, purchase or improvement of land, acquisition of furnishings or equipment, and additions to endowment. "Code" shall mean the City of Corpus Christi Municipal Code, as it may be amended from time to time. "City„ shall mean the City of Corpus Christi, Texas and all of its boards, commissions, departments, agencies and other subdivisions. "City Council" shall mean the City Council of the City of Corpus Christi, Texas. "City Documents" shall mean City-created records and City-owned records pertaining to operation and management of the Museum that, on the Effective Date of this Agreement are in the City's custody. "Citv Manager" shall mean the City Manager of the City of Corpus Christi or the City Manager's designee. "Collection Committee" shall mean the committee responsible for accession and deaccesion of Museum Collections. The Collection Committee is made up of the Museum Collection Manager, Museum Librarian, Museum Registrar and the Museum Director, or as modified by Article 7 and Article 19 of this Agreement. "Collection Fund" shall mean an account which funds are only available for the purchase of Museum Collection objects. 12 "Depository" shall mean the place agreed to by the City and CCMJV, in which the bank accounts for the funds required to be maintained under this Agreement are to be deposited. "Effective Date" shall mean May 1, 2018. "Emergency Expenditure" shall mean any expenditure to the extent not included within an approved budget and not expected by CCMJV to be incurred but which is necessary to correct any condition that poses an imminent threat to public safety or material damage to the Museum. The parties agree that all costs to determine the source of,plans for, including remediation and correction of the interior moisture issue for the Museum Premises will be considered Emergency Expenditures. "First-Class" shall mean quality of the best; the finest; the highest class, grade, or rank; and highest distinction with respect to the operation, management, marketing, and promotion of the Museum, including but not limited to: professional promotion and marketing efforts; service- oriented guest and tenant services; premium food and beverage services; timely repairs, maintenance, and cleaning of building, equipment, and grounds; positive, safe and secure Museum for patrons and employees. "Fiscal Year" shall mean a 12-month period beginning on October 1 of each calendar year and ending on September 30 of the following calendar year. The City may change its Fiscal Year in which case the city must notify CCMJV of the change in writing at least 120 days before the end of the Fiscal Year in which the change will occur and the definition of Fiscal Year in this Agreement shall automatically change to reflect the new definition of the City's Fiscal Year. "Friends of the Museum" shall mean the Friends of the Corpus Christi Museum, an incorporated non-profit profit organization that is organized to support and aid the Corpus Christi Museum of Science and History. "Gross Revenue" shall mean all revenues excluding sales tax, from whatever source, received by CCMJV or the City from or in respect of the operation of the Museum and from any income generating activity associated with the Museum, including but not limited to the following: a) All revenues received from admission fees, concessions, rental events, and fees and charges for all other goods and services provided to the public at the Museum; b) membership fees received by CCMJV; c) all revenue from vending machines and the selling price of all merchandise sold in, on, about or from the Museum in the ordinary course of business; provided, however, that, with respect to revenue and sales of merchandise by vending machines not owned by or leased to CCMJV, only the amount paid to CCMJV on account of such sales shall be included; d) all other charges of any character made by CCMJV for the rendering of any service or goods or work of any kind conducted in, on, about or from the Museum including services rendered in exchange for donation. Except for"basic" membership fees, as set forth in subsection (b) above, "Gross Revenue" shall not include contributions, donations,pledges, or other gifts made by third parties to the Museum or CCMJV that are not derived directly from the 13 services provided by CCMJV related to the Museum. "Gross revenue" shall not include funds received by CCMJV from the City including Operational Support Payments.; and e) Gross Revenue does not include grants or donations received by CCMJV, Camp Program Revenue or Gift Shop Revenue. "Internal Strategic Obiectives" shall mean the thoughtfully constructed plan employed to achieve the Museum's Mission. "Management Fees" shall mean those fees payable to CCMJV under Article 23 in consideration for management services provided. "Museum" shall mean the Museum of Science and History and related facilities operated on the Premises, which is the subject of this Agreement. "Museum Collection" shall mean objects that form the core of the Museums activities for exhibitions, education, research, etc. All objects in the Museum Collection are included in the Museum Inventory referenced in Article 7. "Museum Collection Manager" shall mean the Museum employee responsible for supervising all aspects of collection care and collection inventories including managing acquisitions, accessions, and standardization of the collection catalogue. "Museum Department" shall mean City's Department of Museum. "Museum Executive Director" shall mean the director of the Museum, being a museum professional, maintains the mission of the Museum, as well as the certification and accreditation. "Museum's Mission"is defined in Article 5.2. "Museum Purposes" shall mean all purposes related to Museum operations and development either on the Premises or elsewhere, including but not limited to charitable, scientific, educational, archeology programs, activities, events, grounds, gardens,parks, exhibits, and research. "Operating Expenses" shall mean all operating and maintenance expenses incurred by CCMJV in the operation of the Museum,including without limitation the following: a) salaries, payroll taxes, and other payroll expenses; b) charges for utility services; c) expenses for repair and maintenance of equipment and furnishings; d) expenses for maintenance and repair and for cleaning of the Museum, including but not limited to expenses related to vandalism or other damage to gates, equipment, supplies, or the Museum Premises or Property; e) the cost of supplies, equipment, and animals; f) the cost attributable to noncapital replacement of equipment and animals; 14 g) license and permit fees; h) the cost of insurance attributable to insuring CCMJV against liability relating to the management and operation of the Museum;the cost of Workers' Compensation Insurance for employees of CCMJV; i) deductible amounts required and actually spent under any insurance policies; j) amounts paid by CCMJV in reasonable settlement of claims against CCMJV that are not paid by insurance carriers; k) maintenance and repair of grounds, gardens, and adjacent parks and landscape areas approved by the City Manager and CCMJV; 1) any other expense approved by the City Manager and agreed to by CCMJV; and m) Operating Expenses do not include landscaping services which will be provided by the City. "Operations Manual" shall mean a document developed by CCMJV which contains terms regarding the management and operation of the Museum, including detailed policies and procedures to be implemented in operating the Museum, as agreed upon by both the City and CCMJV. The parties acknowledge that to the extent that such manual contains any proprietary information of CCMJV (e.g., CCMJV-wide (not Museum-specific) operating policies, procedures and/or software); such information shall remain the property of CCMJV and shall not be kept at the Museum after the expiration or termination of this Agreement. "Operating Support Payment" shall mean all funding to be provided by the City to CCMJV pursuant to Article 5 of this Agreement in consideration for operation support provided to the Museum by CCMJV. "Outside Caterers" shall mean any caterer entering into an Outside Catering Agreement to provide catering services at the Museum for a single event. CCMJV will establish minimum commissions and/or fees, insurance and security deposits required in order for an Outside Caterer to operate at the Museum. Outside Caterer will pay CCMJV immediately following their catering event based on the Outside Catering Agreement with that Outside Caterer and CCMJV. "Outside Catering Agreement" shall mean the written agreement between CCMJV and an Outside Caterer for a single event to be held at the Museum. "Parking Lots" shall mean any and all existing and future parking facilities that serve the Museum as shown in Exhibit"B"which the parties may amend from time to time. "Personal Proper " shall mean the personal property described in Article 3.2 below. "Personal Proper Expenditures" shall mean all expenditures for additional or replacement furniture, fixtures, machinery or equipment which are not a permanent fixture to the Museum. 15 "Preexisting Condition" shall mean any condition of disrepair, structural weakness, latent defect or other fault of any part of the Property, or any noncompliance of any part of the Property with any applicable local, state or federal law, that existed on or before the Effective Date of this Agreement, except that such condition or noncompliance is not a pre-existing condition if either party knew of its existence on or before the Effective Date of this Agreement. The definition does not apply to the MOISTURE PROBLEM at the Museum Premises. "Premises" shall mean the real property and improvements described in Article 3 below. "Property" shall mean the Premises and the Personal Property, collectively. "Routine Repair and Maintenance" shall mean all ordinary maintenance and repair of the Museum facilities and equipment, and replacement of supplies that are normally performed on a day-to-day,periodic, or routine basis to keep such facilities and equipment in a good, clean, efficient, and safe condition. "Routine Repair and Maintenance" shall include such minor improvements to the grounds, gardens, adjacent parks and landscaped area, the buildings, structures, equipment, and facilities of the Museum as are necessary in the reasonable discretion of CCMJV to improve appearance and management. However, Routine Repairs does not apply to the City's duty to maintain the building and fixtures, or City expenses to be provided under Section 5.4(a) "THC" shall mean the Texas Historical Commission or its successor as the state agency for historic preservation. ARTICLE 2 INTRODUCTION 2_1 Term. The term of this Agreement(the"Term") begins on May 1, 2018 (the "Effective Date") and ends on September 30, 2018 (the "Termination Date"), unless sooner terminated as provided in this Agreement. 2_2 Grant of Authority. To enable CCMJV to perform its obligations under this Agreement, the City hereby grants to CCMJV, and CCMJV hereby accepts, the exclusive right and obligation subject to the provisions of this Agreement, in its own name, as an independent contractor and not as an agent of the City, to manage and operate the Museum. 2_3 Nature of Relationship. The parties agree that the only relationship created by this Agreement is that between the City, as owner, and CCMJV, as an independent contractor, for management and operating services and that CCMJV is an independent contractor, not an agent, employee,joint venturer or partner of the City. 2_4 Contract Administrator. Each party must appoint a Contract Administrator who shall monitor such party's compliance with the terms of this Agreement. CCMJV's Contract Administrator shall be its Museum Executive Director at the Museum,unless CCMJV notifies City of a substitute Contract Administrator in writing. City Manager shall notify CCMJV of the name of its Contract Administrator within thirty (30) days of execution hereof. Any and all 16 references in this Agreement requiring CCMJV or City participation or approval shall mean the participation or approval of such party's Contract Administrator. ARTICLE 3 MANAGEMENT AND OPERATION OF PREMISES AND PERSONAL PROPERTY 3_1 Premises. Subject to the terms, covenants, and conditions set forth in this Agreement, CCMJV shall exclusively manage and operate the Museum, comprising (a) Museum and all facilities as described in Exhibit A ("Current Museum Premises"), and (b) the parking lot as described in Exhibit B. Together the Current Museum Premises and the parking lot shall be referred to collectively in this Agreement as the "Premises." 3_2 Personal Property. Subject to the terms, covenants, and conditions set forth in this Agreement, the City agrees to provide, at no cost to CCMJV, use of personal property located at the Museum necessary to the operation and maintenance of the Museum. CCMJV shall maintain all such Personal Property in good condition and repair, subject to Preexisting Conditions, and shall replace with items of good quality any of the Personal Property that becomes inoperable or unusable if such item is necessary for the operation of the Museum in CCMJV's reasonable discretion. The City will provide CCMJV with a video inventory of the Personal Property located at the Museum. Transferred Personal Property shall remain property of the City. 3.3 Use of the Premises. (a) Required Use. CCMJV shall use and continuously occupy the Property during the Term of this Agreement for the operation of a public museum and related and incidental purposes and programs, including but not limited to conservation, education, enterprise operations, and visitor services, in accordance with this Agreement, the Museum's Mission and the Long-Range Plan. Notwithstanding the above,the parties intend that the Museum can also be used as an event space for catered groups, weddings, business meetings, and similar high margin events. (b) Prohibited Use. The Museum may not be used in any way prohibited by policy adopted by Advisory Board and approved by the City Manager. Current policy is shown in Exhibit J and is subject to change. Any dispute concerning prohibited use will be resolved by decision of the City Manager. (c) No Illegal Uses or Nuisances. CCMJV shall not use or occupy any of the Premises, and shall not permit the use or occupancy of it, in any unlawful manner or for any illegal purpose, and shall not permit to be carried on any activity that would constitute an actionable nuisance under the laws of the State of Texas. CCMJV shall take all reasonable precautions to eliminate any nuisances or hazards relating to its activities on or about the Premises, except as to Preexisting Conditions. 3_4 Parking Lot Use. CCMJV shall have exclusive use of primary parking lots 25 and 26 identified in Exhibit B. Secondary lots 1,2,3,5, & 10 identified in Exhibit B are for exclusive use of the American Bank Center. Secondary lots identified in Exhibit B may be used with consent 17 of the entity with control of the parking lots. CCMJV shall not be responsible for existing violations of the Code or any other local laws regarding the Museum Parking Lot. ARTICLE 4 EXISTING THIRD-PARTY AGREEMENTS 4_1 Existing Third-Party Agreements. The Parties specifically acknowledge that there are existing leases, agreements, and arrangements between the City and third parties for the Museum or between CCMJV and third parties. CCMJV shall not interfere with non-assignable existing leases, agreements, and arrangements known to CCMJV between the City and third parties without written consent from the City. The City shall assign all such assignable leases, agreements, and arrangements affecting the Museum to CCMJV and CCMJV shall have the exclusive option (if the City had such option) of renewing such leases, agreements, and arrangements that expire during the term of this Agreement and any extensions, CCMJV is released from its obligation to make payments due after the effective date of this agreement or termination date of this agreement for assumed leases. City shall give CCMJV written notice of existing leases, agreements, and arrangements. ARTICLE 5 OPERATIONS 5_1 CCMJV Responsibility. CCMJV shall manage and operate the Museum as a museum, consistent with the Museum's Mission and Long-Range Plan, with emphasis on the Museum's scientific and educational purposes and programs. Management and operation of the Museum includes selection of new inter-active displays, reconfiguration of certain exhibits for presentations to the public, redesigning of floor layouts, devising a higher and best use for outdoor events, and designing special event spaces for both indoor and outdoor use. 5_2 Museum Mission. The mission of the Corpus Christi Museum of Science and History is to present the story of the cultural crossroads of the New World. With a unique confluence of natural history, science, people and environments, the South Texas area has served as a stage for the ongoing discovery of the Americas. Through innovative programs in history, culture, and science, the Museum is committed to enlarging a shared understanding of our history and heritage as well as the impact and importance of science to our lives. By telling this story,the Museum will inspire a thirst for knowledge, context, and understanding. (a) Internal Strategic Objectives. The following strategic objectives are used to operationalize the Museum Mission: (1) Corpus Christi Museum of Science and History will build programs around three basic themes: Humans, the Environment, and Science. (i) How has human migration, cultural encounters, and interactions shaped the unique human character of South Texas and, in turn,how has South Texas influenced the world? 18 (ii) How have environmental features and resources been linked to the human migrations, settlements, and physical exploitation of South Texas resources? (iii)What does science tell us about the unique natural world of South Texas and how can we best conserve our unique resources? (2) The Museum will collect and preserve unique specimens, artifacts, and ephemera which illuminate our three basic themes and support innovative programming. (3) To create new knowledge, Museum Collections and resources will be shared with the public and researchers. (4) The Museum will promote an open and inclusive atmosphere of learning by encouraging the use of its physical facilities for special events, meetings, and other community gatherings. (5) The Museum will commit itself to sharing knowledge with the next generation by actively promoting programming and field trip policies which encourage participation by K-16 school groups. 5_3 Uitv Operations Support Payments. (a) Operations Account. All Operation Support Payments shall be deposited in an account maintained in the Depository in the name of the City. CCMJV shall have the authority to withdraw from the Operations Account. Any balance shall be retained in the Operations Account as for reserve for payment of future Operating Expenses. If at the termination of the Agreement there shall be a balance in the Operations Account, CCMJV shall disburse such excess to the City on or before the fifteenth (15) day of such month. (b) Operation Support Payment. The City shall pay CCMJV an Operation Support Payment for consideration of CCMJV providing operating services to the Museum. Operation Support Payments are to be used only to pay Operating Expenses. After the Effective Date,the City shall transfer to CCMJV an annual operations payment(the "Operations Support") equal to $936,321 for each Fiscal Year of this Agreement. The Operations Support Payment shall be paid to CCMJV in quarterly installments on or before the fifteenth (15th) day of each quarterly month. (c) Advancing of Funds for Operation Support. If at any time during a particular quarter, the amount of monies on deposit in the Operation Support Payment and available for that purpose shall be insufficient for the payment of Operating Expenses then due or budgeted to become due during such quarter, CCMJV may present to the City Manager a request to advance the amount of such insufficiency from the approved budgeted payment scheduled to be paid in the succeeding quarter. If the City Manager approves the request, the advancement will be made. This advanced amount will then be subtracted from the scheduled Operation Support Payment for the succeeding quarter. If the City Manager disapproves, no advancement shall be made. 19 (d) Over Budgeted Expenses. The City may request CCMJV's authorization to reduce the amount of Operational Support Payment due under the terms of this Agreement for Over Budgeted Expenses. CCMJV shall have the right to approve or deny the reduction of Operational Support Payment. (e) Unbudgeted and Under Budgeted Expenses. CCMJV shall be responsible for Unbudgeted and Under Budgeted Expenses. CCMJV may present any Unbudgeted or Under Budgeted Expense to the City Manager for additional funds. The City Manager shall have the option to approve or deny increasing Operational Support Payment for Unbudgeted or Under Budgeted Expenses. Unbudgeted and Under Budgeted Expenses does not apply to the MOISTURE PROBLEM at the Museum Premises, or the City's obligations to maintain the Museum Premises and fixtures. 5_4 City Paid Expenses (a) City Provided Services. The City will provide Information Technology Services Facility Maintenance Service, and Mail Service. (1) Informational Technology Services. The City Informational Technology (IT) Department shall assist in the delivery of quality products and services by managing the enterprise data centers and by providing connectivity & customer services that will allow for the optimum usage of enterprise data as well as effective and efficient data, voice and video communications at the Museum. (2) Building Maintenance Service. The City Facilities and Property Management Department shall provide the labor for routine repairs and preventive maintenance for the Facility as identified in Exhibit K. CCMJV shall be responsible for maintenance as identified in Exhibit K (3) Mail Service. The City will provide mail service and postage up to $1,060 per Fiscal year. For Postage Cost that exceeds $1,060 in a fiscal year, the City will bill CCMJV for reimbursement. (b) Electricity. The City shall pay the energy provider for Electricity provided to the Museum up to $230,088 per fiscal year. For the Electricity cost that exceed $230,088 in a fiscal year,the City shall bill CCMJV for reimbursement. The City and CCMJV agree that within three (3) months, the City will have adjusted the Museum's Thermal Energy Storage System costs to reflect actual usage and the amount of the City Paid Expenses and City Operating Support Payment will also be adjusted accordingly in an addendum to this agreement. 5_5 City Procurements. 20 (a) Computers Procurement. The City is a party to an Agreement for computers for the Museum. The City shall procure computers for the Museum during the term of this Agreement. The procurement includes eleven laptop computers with work station, five desk top work stations,three switches, and one router. CCMJV will have full use to the computers provided under the Agreement. The City shall bill CCMJV monthly for reimbursement for the procurement expense. (b) Multifunction Copier Procurement. The City is a party to an Agreement for a multifunction copier. The City shall procure a multifunction copier for the Museum during the term of this Agreement. CCMJV will have full use to the multifunction copier provided under the Agreement. CCMJV will pay the vender directly for service. The City shall bill CCMJV monthly for reimbursement if CCMJV fails to pay vender.. (c) Elevator Maintenance Procurement. The City is a party to Agreement for Elevator Maintenance and Permitting. The City shall procure elevator maintenance and permitting for the Museum during the term of this agreement. The Museum elevators will be maintained during CCMJV operation of the Museum by the City. 5_6 Water, Gas, and Waste Water. The City shall provide the Water, Gas, and Waste Water to the Museum. CCMJV is not responsible for Water, Gas, and Waste Water. 5_7 Proportionate Year. This section shall apply to the fiscal year 2017-2018. All the conditions of Article 5 shall be prorated for fiscal year 2017-2018, beginning on the effective date of this agreement. ARTICLE 6 ACCREDITATION, CERTIFICATION,LICENSING,AND PERMITS 6_1 Required Accreditation and Certification. Throughout the Term (including any extensions), CCMJV shall cause the Museum to be at all times (a) accredited by the AAM; and (b) certified as an Archeological Repository by the THC. In addition, CCMJV shall be responsible for any reaccreditation and recertification that may be required during the term of this agreement. Any failure on the part of CCMJV to comply with this article shall constitute a material breach of this Agreement. Current accreditation and certification are shown in Exhibit C. 6_2 Licenses and Permits. All licenses and permits currently held by the City in connection with the operation of the Museum are shown in Exhibit D. Subject to any necessary approvals, the City agrees to transfer all such licenses and permits to CCMJV, and CCMJV and the City shall use their best efforts to either have those licenses and permits legally transferred to CCMJV or to have them canceled upon CCMJV's obtaining replacement permits or licenses in its name if transfer is not possible except that certain licenses and permits shall remain in the possession of the City and under the City's name, and CCMJV shall be authorized as the agent of the City to perform such services under such licenses and permits as are required in the operation of the 21 Museum to the extent permitted by applicable law, if such licenses or permits are required to be held by a governmental entity and/or owner of the Premises or for such other reasons as may be agreed to by the parties. Upon any termination of this Agreement for any reason, CCMJV shall transfer all licenses and permits back to the City and CCMJV shall use its best efforts to assist the City with the documentation of any such transfer or reapplication for any such permit or license to be held in City's name after such termination. 6_3 City Representations. City represents and warrants to CCMJV that the accreditation by the AAM and certification as an Archeological Repository by the THC, and all licenses and permits which are being assigned to CCMJV, are not currently in default, that City is not aware of any default that exists with respect to these items, that City has complied with the terms and conditions of the certifications, accreditations, licenses, and permits, and they are current with respect to any and all payments. ARTICLE 7 MUSEUM COLLECTION MANAGEMENT 7_1 Collection Inventory. CCMJV will be responsible for maintaining the inventory of the Museum's collections. The City will provide CCMJV with an electronic document and video inventory of the Museum's collection on record. If there is a discrepancy between the video inventory and electronic document inventory,the video inventory shall control. 7_2 Collection Management Policy. The Museum's current Collection Management Policy was adopted September 2005. CCMJV shall follow the current Collection Management Policy in Exhibit E. Any provision in the Collection Management Policy that conflicts with this Agreement, the provision in this Agreement shall control. Any dispute regarding the Collection Management Policy can be submitted to the City Manager for approval. The City Manager's decision will be controlling as to any dispute. 7_3 Deaccession of Collection. Deaccession of a collection must follow the following procedure. A Collection Committee member shall submit the proposed deaccession to the Collection Manager. The proposal shall include the purpose, scope of the collection and the policy guidelines. The Collections Manager shall confirm title and check for any restrictions, legal issues, or ethical concerns regarding deaccession. After the Collection Manager's review, the Collection Committee reviews proposed deaccession based on the Museum's Mission, scope of the collection, and Collection Management Policy guidelines. The Collections Committee submits the proposed deaccesion and disposal method to the Museum Director for review. If the Museum Director disapproves of deaccession,the proposed item will remain in the collection. If the Museum Director approves deaccession, it shall be submitted to the Advisory Board for approval. If the Advisory Board approves, the proposed item will be deaccessed. If the Advisory Board disapproves of deaccession, it shall be submitted to the City Manager for the final decision on deaccession. The City Manager will make the final decision regarding whether the proposed item will remain in the collection or be deaccessed. The deaccession process is demonstrated in Exhibit F. 22 7_4 Deaccessioned Obiects. Deaccessioned objects are removed from the collection by means of sale, exchange, donation, transfer, or destruction. Disposal of any deaccessioned object will be carried out in accordance with all applicable federal, state, local, and international laws, treaties, and regulations including but not limited to laws protecting plants,wildlife, antiquities, historic properties, and the import, export, and transfer of cultural property. The Collection Manager is responsible for fully documenting disposal of objects. Deaccessioned objects will not be sold, or ownership otherwise transferred, to Museum staff, City of Corpus Christi employees, CCMJV employees, CCMJV members, CCMJV affiliates, Museum volunteers, members of Museum support groups, members of the Museum or City's governing authorities, or representatives or family members of these individuals. (a) Disposal by Sale. Net proceeds received from the sale of deaccessioned objects will be used only to acquire new objects for the collection. If there is any question as to the value of an object, CCMJV will get two informed outside appraisals on the object. These should document the object's authenticity and assure that CCMJV does not accept less than market value for the object. Disposal of objects from the collection will never be through the Museum shop, or in such a manner that it involves an interested entity helping in the liquidation of Museum assets. CCMJV shall collect&remit all applicable sales tax. Upon the sale of a deaccessed object, CCMJV shall open an account (Collection Fund) in the Depository in the name of the City. CCMJV shall have the authority to withdraw from the Collection Fund Account. Proceeds from the sale of an object will be placed in a Collections Fund. Proceeds from the sale of an object can only be used for purchasing acquisitions to the Museum's Collection. (b) Disposal by Exchange or Donation. Deaccessioned objects may be disposed of by exchange with, or transfer to, another appropriate museum, educational, or scientific institution. Deaccessioned objects will never be exchanged or donated to private individuals. (c) Disposal by Transfer. Deaccessioned objects may be transferred to the Museum's education department for use in educational programs. Objects subject to this action should have little or no market value, or historic or scientific significance. Any deaccessioned object transferred to the education department will be removed from collection storage, quarantine, or work areas. The object must be stored in an area dedicated to educational supply storage. The object is considered expendable and no longer a collection item. (d) Donor Notification. If the Museum disposes (by sale, exchange, or any other method) of a donation within two years of a donation, CCMJV is obligated to notify the donor and the IRS by filing form 8284. This provision applies if the donor has claimed a charitable deduction under Section 170 of the IRS code of more than $5,000 for either a single item or an aggregate of items donated to one or more institutions. The IRS code requires that if the value is more than $5,000,the donor must supply an appraisal summary to the Museum. Once the Museum establishes its clear and unrestricted title to an object, the donor has no legal interest in it. If a deaccession no longer falls under the statute of limitations of the Tax Reform Act of 1984, it is then only a practice of goodwill to notify 23 the donor or heirs of the disposition of a collection or object. It is possible to label the funds or new acquisition purchased with those funds as a gift from the donor. Appropriate action will be considered by the Museum Director on a case-by-case basis. 7_5 Acquisitions,Loans, and Destructive Analysis of Collections. All Acquisitions, Loans and Destructive Analysis shall be conducted in compliance with the Museum's currently adopted Collection Management Policy found in Exhibit E. 7.6 Liability for Collection. CCMJV shall not be liable for any damage to items in the collection due to relocation for building maintenance, including but not limited to any damages or problems caused by the MOISTURE PROBLEM at the Museum Premises. ARTICLE 8 NEW FACILITIES OPERATING AND MAINTENANCE COSTS 8.1 New Facilities Operating and Maintenance Costs. As CCMJV funds and builds new exhibits and support and visitor facilities, the corresponding increases in operating,program, and maintenance costs will be the responsibility of CCMJV, with the City being the owner of such new exhibits and support or visitor facilities. CCMJV may request permission from the City Manager to use Operating Support Payment to pay for New Facilities Operating and Maintenance Costs. CCMJV must specify what new cost it seeks to pay with Operating Support Payment. Operation Support Payment can only be used for New Facilities Operating and Maintenance Costs approved by the City Manager. ARTICLE 9 ADMISSIONS 9_1 Admissions. Admission shall be set at their current rates shown in Exhibit G approved by the City Manager on August 26, 2014. The City Manager shall have the authority to set Museum admissions charges in accordance with City of Corpus Christi Code of Ordinance 36-6. The Museum Director shall prepare such schedule which shall be submitted to the City Manager for approval, and such schedule shall be reviewed on an annual basis. Said fees and charges shall bear a reasonable relation to fees charged for admission to other similar attractions and similar facilities, and shall be neither excessive nor grossly deficient by comparison; except that special provisions to assure access to all children shall be made, such as free periods of admission for children, and free admission for school groups. The approved schedule shall be filed with the City Secretary and copies shall be provided to the City Council. The City Manager's authority to approve such schedule of fees and charges shall include approval of discounts and special fees designed to promote the Museum and increase visitation, which may be accomplished through marketing agreements not exceeding three (3) years with other attractions or marketing companies whereby multiple attractions are packaged, or through other promotional plans customarily used for similar attractions and facilities. 9_2 Access. CCMJV agrees to operate the Museum with the goal of providing the widest possible access to the Museum to the general public, at an affordable cost. 24 9_3 Admissions Tax. The Parties acknowledge that no City admission taxes are currently charged on Museum admission. The Parties further agree that the Museum will continue to be exempt from City admission taxes, so long as similar facilities are exempt from such taxes. This is not a waiver of the City's portion of the applicable Sales Tax. ARTICLE 10 PURCHASES OF SUPPLIES AND SERVICES 10.1 Purchase of Supplies and Services. CCMJV shall have full authority and discretion as to the purchase of all equipment, materials, supplies, inventories and services reasonably required by it but shall endeavor to make all such purchases at the best price available as known to CCMJV, considering the quantities required and the quality desired, at the time available for the delivery and the sources of supply whenever possible as part of a volume purchase by CCMJV. CCMJV may acquire property or services from or otherwise transact business with its Affiliates for any of the goods to be purchased or services to be performed by it under this Agreement but only if the prices charged and services rendered are competitive with those obtainable from others rendering comparable services in the field. To insure compliance in this respect, CCMJV agrees to obtain at least two (2) other competitive bids from persons other than CCMJV's Affiliates,whenever CCMJV considers transacting business with an Affiliate for providing goods or services under this Agreement. CCMJV shall establish an inventory control system to account for all such purchases. The City shall have the right to inspect the books and records of CCMJV to verify CCMJV's compliance with the provisions of this section. 10.2 Contacting Historically Underutilized Businesses. CCMJV shall, in making an expenditure of more than $3,000 but less than $50,000, shall contact at least two historically underutilized businesses on a rotating basis, based on information provided by the comptroller pursuant to Chapter 2161, Government Code and in compliance with Texas Local Government Code §252.0215. If there are more than two such businesses in the county, CCMJV can contact the listed businesses on a rotating basis. If the list fails to identify a historically underutilized business in Nueces County, CCMJV is exempt from contacting at least two historically underutilized businesses. Any such notice shall be sent by certified mail and CCMJV shall keep record of all notices for four(4) years after the termination date of this agreement. 10.3 Expenditures in Excess of Ten Thousand Dollars ($10,000). CCMJV shall, in making expenditure in excess of$10,000 for any single item or more than $50,000 in the aggregate in any purchase order, utilize a competitive bidding process similar to that used by the City. CCMJV shall not avoid the application of competitive bidding by purposely dividing a single purchase into smaller components so that each component purchase is less than $50,000 or make component, sequential or incremental purchases to avoid the competitive bidding requirements. CCMJV shall make the purchase that offers the "best value" for the Museum. In consideration of"best value" CCMJV may consider the following factors: the purchase price; the reputation of the bidder and of the bidder's goods or services; the quality of the bidder's goods or services; the extent to which the goods or services meet the Museum 's needs; the bidder's past relationship with the Museum or City; the total long-term cost to the Museum to acquire the bidder's goods or services; and any relevant criteria specifically listed in the request for bids or proposals. 25 10.4 CCMJV Municipality Status. To the extent allowable under federal, state, and local law, City agrees to allow CCMJV to use its tax status as a municipality for the purchase of supplies and services. City agrees to execute such documents as may be required, and which the City is authorized to execute, to further this Agreement. ARTICLE 11 FACILITY IMPROVEMENTS AND ALTERATIONS 11.1 Facility Improvements and Alterations. CCMJV shall not under any condition make any facility improvement or alteration to the Museum,the Museum facilities, or Premises without prior approval from the City Manager. Any alterations or facility improvements made by CCMJV to or on the Museum must be approved by City Manager. 11.4 Approved Facili Improvements and Alterations. Any alterations or facility improvements made by CCMJV to or on the Premises shall comply with any and all applicable local, state, and federal laws,rules and regulations, and CCMJV shall obtain any required permits for such alterations and facility improvements. 11.5 Title to Improvements. Except as otherwise provided in this Agreement, all appurtenances, fixtures, improvements, equipment, additions, and other property attached to or installed in the Premises during the Term shall be and remain the property of City and shall not be removed by CCMJV without approval of the City Manager. 11.6 CCMJV's Personal Property. All furniture, furnishings, and articles of movable personal property installed in the Premises by or for the account of CCMJV, without expense to City, and which can be removed without structural or other material damage to the Premises (all of which are in this Agreement called"CCMJV's Property") shall be and remain the property of CCMJV and may be removed by it subject to the provisions of Article 31. At least ten (10) days prior to delinquency, CCMJV shall pay all taxes levied or assessed upon CCMJV's Property and shall deliver satisfactory evidence of such payment to City. ARTICLE 12 ENGINEERING, STRUCTURAL AND LAYOUT STUDIES 12.1 Studies. CCMJV shall notify the City Manager of all engineering, structural and layout studies of the Museum conducted by CCMJV at any time within 30 days of completion of the study. Any such study shall be provided to the City Manager within 30 days of request by the City Manager. Such studies shall be provided to the City free of cost. ARTICLE 13 ADVERTISING 26 13.1 Museum Advertisement. CCMJV may purchase or create advertisement for the Museum. Museum Advertisement materials should be presented in an objective, fair and accessible manner. Advertising campaigns should be justified and undertaken in an efficient, effective and relevant manner. All advertisements shall be in compliance with federal, state and local laws. 13.2 Advertisement Reimbursement. CCMJV shall keep record for all advertising expenditures and submit itemized expenditures to the City monthly. The City shall reimburse CCMJV up to $50,000 in advertising expenditures per Fiscal Year, subject to availability of funds in the Hotel Occupancy Tax fund. City agrees to submit this amount as part of the proposed budget for Hotel Occupancy and Tax Fund. Reimbursement payment for advertising expenditures shall be made to CCMJV on or before the thirtieth (30th) day following the 6th month of the Fiscal Year and at the end of the Fiscal Year, if available. 13.3 Use of Hotel Occupancy Tax Funds. Use of hotel occupancy funds is limited to those activities that, comply with Texas Tax Code Chapter 351, including without exception, the following requirements, herein referred to as "Activities": (A) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; (B)the activities are in the categories that are eligible for funding as described in Section 351.101(a)(3) of the Texas Tax Code, copy attached as "Exhibit"; and (C)the activities promote both tourism and the convention and hotel industry within the City of Corpus Christi. 13.4. Completion Report. CCMJV must submit to the City's Director of Management and Budget("Director") a completion report("Report") each year, no later than thirty (30) days following the end of each City fiscal year which year ends September 30. The Director, or his designee, shall review this Report to verify whether the Grant funding provided to CCMJV was spent in accordance with the requirements in this Agreement. The Report must include the following criteria: (A) Written assurance to City that all Activities funded by the City Hotel Occupancy Tax funds served to promote tourism to the community. This shall be evidenced by providing the City with a written description of CCMJV's marketing or advertising strategy. (B)For all Activities funded by the City, CCMJV must submit to the City a written estimate of the number of CCMJV's Activities attendees that reside outside the territorial limits of the City of Corpus Christi. This may be accomplished using a visitor log, by tallying the number of out-of-town billings or by listing the out-of-town mailing addresses gathered through the ticket sales process. (C)An estimate of the total Activities attendance. 27 ARTICLE 14 NAMING RIGHTS 14.1 Museum Name. Under no circumstances, except for formal action by City Council,may the Museum's name be changed from "Corpus Christi Museum of Science and History". 14.2. Donation Acknowledtement. Any donor recognition at the Museum shall be brought to the Advisory Board for review. The Advisory Board will submit to the City Manager a recommendation. If the City Manager does not approve, there will be no donor recognition. If the City Manager approves CCMJV may proceed with the donor recognition. CCMJV may seek to establish a naming policy for Museum facilities which would require Advisory Board adoption and City Manager's approval. ARTICLE 15 MAINTENANCE 15.1 General Maintenance. CCMJV shall be responsible for the repairs and maintenance, identified in Exhibit K. The City shall be responsible for the repairs and maintenance identified in Exhibit K. CCMJV shall maintain the Museum in a clean, safe, sanitary, and sightly condition, and as necessary to maintain all licenses and accreditations in accordance with Article 6 above; provided,however, that such obligation shall not, except as specifically set forth in this Agreement, require CCMJV to repair or otherwise remedy a Preexisting Condition. CCMJV shall employ sufficient personnel to maintain the Museum to the standard of a First-Class Museum. 15.2 Random Inspection. Random inspections will be made by a designated City employee to inspect the general maintenance of the Museum. Any deficiencies not to the standard established in Article 15.1 will be reported to CCMJV. CCMJV shall take the necessary action to remedy the deficiency in a timely fashion. 15.3 In-Kind Maintenance. In-Kind Maintenance can be provided by the City for repairs that are necessary for public health and safety including emergency repairs, non-routine and non- preventative maintenance. In-Kind Maintenance requires City Manager approval. Any time the Museum requires In-Kind Maintenance, the Museum Executive Director shall submit an In-Kind Maintenance request to the City Manager. Upon City Manager approval, the City shall make the necessary repairs. In-Kind Maintenance shall include City labor, materials, and indirect maintenance services in substantially the same manner of maintenance support that is currently provided by the City to the Museum. If the City Manager denies the In-Kind maintenance request, CCMJV shall be responsible for the repairs. 15.4 Contractor Insurance. Each party shall provide evidence acceptable to the other that every contractor engaged by a party to perform work on the Premises maintain insurance in amounts, on policies of coverage and offered by companies satisfactory to City and CCMJV, including but not limited to Workers' Compensation Insurance (including Employers' Liability Insurance) and insurance against liability for injury to persons and property arising out of all 28 such contractor's operations, and the use of owned, nonowned, or hired automotive equipment in the pursuit of all such operations. ARTICLE 16 STAFFING AND EMPLOYEES 16.1 Employees. CCMJV shall comply with all applicable federal, state, and local laws, ordinances, and regulations pertaining to all employees at the Museum. In addition, CCMJV shall be an equal opportunity employer and make reasonable efforts to maintain a diverse work force. 16.2 Payroll and Taxation. (a) CCMJV Payroll CCMJV shall make or cause to be made all necessary payroll deductions for disability and unemployment insurance, Social Security,withholding taxes, and other applicable taxes, and prepare, maintain, and file or cause to be filed all necessary reports with respect to such taxes or deductions, and all other necessary statements and reports. ARTICLE 17 GOVERNANCE 17.1 Governance. The Museum shall be operated under the organizational chart set out in Exhibit H. The Governance may be changed by CCMJV at its discretion, as deemed necessary for successful Museum management and to fulfill the mission of the museum, after recommendation to the City Manager or his designee and subsequent written approval. ARTICLE 18 ROLES 18.1 Advisory Board. The Advisory Board shall serve as an advisor to CCMJV and to the City in matters of support and development of the Museum. The board may adopt comprehensive policies relating to the management of collections, accession of objects for the collections, disposition and deaccession of objects in and for the collections, and use of Museum facilities. Any dispute with CCMJV and the Advisory Board shall be reviewed by the City Manager. The City Manager shall make the final decision regarding policy. 18.2 Museum Executive Director. The Museum Executive Director("Director")will serve under and on behalf of the CCMJV as Director and General Manager for the Museum managing all aspects of the museum including its finances, marketing, fund raising and revenue generating operations. The Director is also responsible for all core aspects of Museum operations including visitor experience, exhibits, collection, maintenance, educational programs, accreditation and certifications. It is the Director' s responsibility to operate the Museum per best Museum practices such that both accreditations by the AAM (reviewed in 2017) and archeological 29 repository certification by the THC (reviewed in 2015)will be sustained. The Director ensures that the Museum operates in a manner that ensures that environmental and security standards associated with collection preservation continues to be maintained. 18.3 Museum Collection Manager. The Museum Collection Manager maintains collection catalog and object files and makes the collection catalog data publicly accessible. The Museum Collection Manager also supervises collection care for objects in storage, on exhibit, on loan, and ongoing collection inventory. Supervision of the collection includes monitoring environmental conditions in storage areas, making conservation recommendations and actively pursuing grants that benefit collections care and use. Furthermore, the Museum Collection Manager serves as a member of every exhibit development team to make certain that collections are integrated appropriately into exhibits and proper safeguards are in place for object preservation. The Museum Collections Manager can support the work of staff, volunteers, and researchers working with the collection and work with honorary curators, adjunct curators, and collection committee to develop collection management policies and procedures. 18.4 Museum Registrar. The Museum Registrar position may be combined with the Museum Collection Manager position. The Museum Registrar is responsible for accession of new acquisitions, assess condition, maintaining accession records,processing deaccessions and maintaining loans. Furthermore,Museum Registrar is responsible for maintaining a record of values for insurance and maintaining a graphic record of significant objects. The Museum Registrar also supervises and performs inventory of collections and data entry into collection catalog. Additionally,Museum Registrar serves as a member of exhibit development team to make certain that collections are integrated appropriately into exhibits and proper safeguards are in place for object preservation. The Museum Registrar can supervise and train volunteers and staff in proper methods of handling objects, in data entry work in proper inventory processes. 18.5 Museum Educator Director. The Museum Educator Director is responsible for leading the education program development and delivery team for adults and students. The Museum Educator Director also develops and presents programs for the public and for school tours including generating lesson plans and providing reference material for teachers and source materials for elementary students relevant to Museum exhibits and collections. Furthermore, the Museum Educator Director serves as a member of every exhibit development team to make certain that the needs of the school audience are addressed. The Museum Educator Director can work individually with teachers, group leaders, and event planners to provide excellent customer service. The Museum Educator Director can also recruit train, schedule and supervise staff and volunteers to provide needed programming. 18.6 Exhibit Manager. The Exhibit Manager is responsible for exhibit planning including the development, installation, implementation, oversight and maintenance for all exhibits as well as developing temporary, rotating exhibits and exhibit rental. The Exhibit Project Manager is also responsible for assuring safety and security of collection objects from harm due to light, dust, heat, and visitors. ARTICLE 19 PROFESSIONAL STAFF 30 19.1 Minimum Professional Staff. CCMJV shall maintain a professional staff necessary to assure the success of the museum and achieve its mission, including the mandatory positions of Museum Executive Director, Education Director, Collection Manager, and Maintenance Supervisor, . 19.2 Modification of Minimum Professional Staff. The Professional Minimum Staff requirement in Article 19.1 can be increased or decreased upon request of the Museum Executive Director and approval by the City Manager. If the Museum Executive Director determines that the Professional Staff size needs modification, the Museum Executive Director shall submit the details of the position/positions and duties of the position/positions the Museum Director is seeking to modify to the City Manager. The City Manager will make the final decision as to whether to modify or not modify the Minimum Professional Staff required. If the City Manager does not approve of the Professional Minimum Staff modification, the Minimum Professional Staff requirements in effect at the time of denial shall remain in effect. Any modification approved by the City Manager shall be in writing and will become the effective Minimum Staff Requirement. 19.3 Minimum Qualification and Experience for Professional Staff. CCMJV shall only hire professional staff that meets the following qualifications for key staff positions: (a) Museum Executive Director's Minimum Qualifications. The Museum Executive Director shall have a minimum of a bachelor' s degree and extensive experience in Business, Business Development, and Management including a minimum of five (5) years in a key leadership position with museum based experience. (b) Museum Collection Manager Minimum Qualifications. The Museum Collection Manager must have a bachelor' s degree or higher in Museum studies, natural history, history, or anthropology field that relates to the collections of the Museum. This position requires (2)two years'professional experience in a Museum or comparable facility; or any equivalent combination of training, education or experience. (c) Museum Registrar Minimum Qualifications. Museum Registrar must have a Bachelor' s degree in Museum studies or other related field with prior work experience as a registrar or similar position. This position requires (2)two years'Museum work experience or work in a comparable facility; or any equivalent combination of training, education, or experience. (d) Museum Educator Minimum Qualifications. The Museum Educator must have a master's degree in Museum studies, history, anthropology, or any field that relates to the collections of the Museum. This position requires two (2) years' experience working in a Museum or comparable facility; or any equivalent combination of training, education and experience. (e) Museum Educator Assistant Minimum Qualifications. The Museum Educator Assistant must have a master' s degree in Education or related field. This position 31 requires management experience in two (2) years' experience working in a Museum or comparable facility; or any equivalent combination of training, education and experience.. (f) Exhibit Manager Minimum Qualifications. The Exhibit Manager must have a minimum of a bachelor degree in a related study and exhibit development,design and exhibit management experience. This position requires two(2) years'work experience in a Museum or comparable facility; or any equivalent combination of training, education, and experience. 19.4 Waiver of Minimum Qualifications. CCMJV may seek a waiver of Minimum Qualification for hiring a Professional Staff member. Any waiver sought shall only apply to a candidate and not to the Professional Staff positions. Any waiver of Minimum Qualification for Professional Staff shall be submitted in writing to the City Manager. If the City Manager denies the waiver request, CCMJV may not hire the unqualified candidate. If the City Manager waives the Minimum Qualification requirement, CCMJV may hire the candidate the waiver was sought for. The approved waiver will not apply to previous or future candidates. ARTICLE 20 FISCAL MATTERS 20.1 Capital Campaign. If CCMJV wishes to pursue any Capital Campaign, it must follow the same approval process as Facility Improvements in Article 11. Any Capital Campaign shall be conducted in good faith and must be in compliance with state and federal law. 20.2 Miscellaneous Fees and Prices. Subject to Article 9 of this Agreement, CCMJV shall have the authority to set the amount of all prices and fees for services rendered or sales made to the public or otherwise at the Museum, including without limitation, food and drink concessions, souvenirs,parking, special exhibits, and other special events. 20.3 Franchises or Concessions. CCMJV shall have exclusive authority to grant to any nonprofit corporation or public or private organization franchises or concessions that further the public use and enjoyment of the Museum. 20.4 Solicitation of Private and Public Funding. CCMJV shall assist the Friends of the Museum or any other non-profit organization created to benefit the Museum : (a)use its best efforts to (i) actively solicit private support for the Museum through membership fees and charitable contributions and(ii) actively solicit federal, state or local grants or other funds to support the operation and purposes of the Museum ; and (b) apply all funds contributed to it as membership fees, charitable donations, public grants or loans, or any other sources, to the Operating Expenses, Facility Improvements at the Museum and other Museum Purposes in accordance with this Agreement. Facility Expenditures or Advertisement paid for by Private or Public Funding shall not be reimbursed under Article 13 or any other provision of this Agreement. 32 20.5 Grant Funding. The City shall allow CCMJV to apply for grants in the City's name for which CCMJV might not otherwise be eligible subject to prior approval by the City Manager or if the City Manager instructs, the City Council. The City Council retains the right to accept or not accept grant funds so applied for. All grants to the City received for Museum shall be transferred to CCMJV within thirty (30) days of the receipt of the grant funds, if permitted by the terms of the grant. All grant money shall be expended to enhance the Museum or applied in accordance to the terms of the grant. ARTICLE 21 PROHIBITED TRANSACTIONS AND BENEFITS 21.1 Benefits to Individuals. CCMJV shall not provide any economic or non-economic benefit to any individual person affiliated with the City of Corpus Christi including City employees, City Council, and City Mayor. CCMJV shall not receive any economic or non- economic benefit from any individual person affiliated with the City of Corpus Christi including City employees, City Council, and City Mayor. ARTICLE 22 REVENUE 22.1 Revenue Account. CCMJV shall collect all revenues and sales tax. Revenues collected may be held in a CCMJV account. After sales tax paid, CCMJV will pay from the CCMJV account the Administrative Fee before any revenue is split. After that payment, CCMJV shall pay 50% of all revenues less sales tax to the City. The City's revenue split shall be deposited monthly into an account maintained in the Depository in the name of the City. Monies deposited in the City's account are sole property of the City This payment will be made within 15 days after the close of the previous month, or the next working day if the 15th day falls on a weekend or holiday. 22.2 Proportionate'Year' ear. This section shall apply to the fiscal year 2017-2018. All the conditions of Article 22 and 23 shall be prorated for fiscal year 2017-2018,beginning on the effective date of this agreement. ARTICLE 23 ADMINISTRATIVE & MANAGEMENT FEE 23.1 Administrative Fee. CCMJV will be paid Ten Thousand and 00/100 Dollars ($10,000.00) monthly, or ten percent(10%) of Gross Revenues monthly, whichever is larger, as a Administrative Fee under the terms of this Agreement. These funds will be paid prior to any split of revenues between CCMJV and the City of Corpus Christi. Administrative fee will be deducted from total revenue excluding sales tax. 23.2 Management Fee. After payment of the Administrative Fees from Gross Revenue, CCMJV will retain 50% of revenue, excluding sales tax, for the Management Fee. 33 ARTICLE 24 REPORTING OBLIGATIONS 24.1 Annual Reporting Requirements a. Annual Plan. At least thirty (30) days prior to the beginning of each Fiscal Year, CCMJV shall, at its sole expense,prepare and submit to the City Manager an Annual Plan. The City Manager shall present this plan to the City Council as an informational item. The Annual Plan shall, at a minimum,present: 1. An evaluation of existing exhibits, 2. A description of major programmatic changes planned at that time for the ensuing year; and 3. Any proposed changes in fees at the Museum. b. Annual Independent Audit. Within sixty(60)days after the end of each Fiscal Year, CCMJV shall arrange for an audit of its books and records by an independent, certified public accountant; this audit shall be conducted at CCMJV' s cost and expense, and may be paid for using Operating Support Payment funds, and shall cover the previous Fiscal Year. CCMJV shall deliver to the City Manager an original, signed copy of each such annual audit,by the earlier of: (1)thirty (30) days after the completion of such auditor; or (2)ninety (90) days after the end of the Fiscal Year covered by such audit. C. Reconciliation of Accounts. Within sixty (60) days after the end of each Fiscal Year, CCMJV shall reconcile: 1. the Revenue Account, 2. Operation Support Account, and 3. Collection Fund Account for each Fiscal Year. 24.2 Quarterly Reporting Requirements. CCMJV shall, at its sole expense, prepare and submit to the City Manager and present to the Museum Advisory Board a quarterly report setting forth a summary of attendance, operations and services provided by CCMJV at the Museum for the preceding quarter. This quarterly Report will also include upcoming events at the Museum for the ensuing quarter,. 24.3 Monthly Reporting Requirements. CCMJV shall, at its sole expense, prepare and submit to the City Manager and Finance Department a monthly report outlining the finances of the Museum for the previous month. This report shall include a summary of revenue from various sources and an accounting of costs,. As outlined previously in Article 22, Revenue, CCMJV shall submit monthly a summary of revenue and accounting of costs. ARTICLE 25 BOOKS AND RECORDS 34 25.1 Financial Records. CCMJV shall establish and maintain books, records, and systems of account relating to the Museum's Gross Revenue and Operating Expenses in accordance with generally accepted accounting practices & City record retention policies. These records shall, to the extent necessary to meet requirements for audits under Article 26.2 of this Agreement, be retained by CCMJV for four(4) years after the termination date of this agreement and made available to the City upon request. 25.2 CitV Audit Participation. If requested by the City, CCMJV shall make available all information reasonably necessary for the City and the State Auditor to perform audits of the use and application of all revenues, grants, and fees, all City funds, except for private fundraising activities and private donor information, received by CCMJV during the current and preceding year, including Museum operations and management. ARTICLE 26 CCMJV CODE OF ETHICS 26.1 CCMJV Code of Ethics. CCMJV shall have a Code of Ethics governing its members, employees, and activities consistent with applicable requirements of state and federal laws and American Association of Museum and Texas Historical commission standards. The City may request from CCMJV those documents necessary for the City to confirm the establishment of an ethics and conflict of interest policy. 26.2 Ethics Report. CCMJV will report on compliance with the ethics and conflict of interest policy, and any issues that have arisen as a result, in the Annual Report. ARTICLE 27 INSURANCE 27.1 Liability Insurance. CCMJVshall obtain and maintain continuously, throughout the Term of this Agreement, policies of insurance as enumerated below. Such policies: (i) shall be subject to approval by the City's Risk Manager as to company, form and coverage, and primary to all other insurance the City may secure; (ii) must protect the City from any and all claims and risks in connection with any activity performed by CCMJV, or any of its respective officers, employees, agents, contractors or assigns, by virtue of this Agreement or any use and occupancy of the Premises authorized by this Agreement.; and (iii)may be paid for using Operating Support Payment funds It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this Agreement. (a) Commercial General Liability Insurance. A policy of Commercial General Liability Insurance, written on an insurance industry standard occurrence form or equivalent, shall include all the usual coverages known as: Commercial Broad Form, Premises/Operations Liability, Products/Completed Operations, Contractual Liability, Independent Contractors, and Personal/Advertising Injury. Such policy or policies must provide the minimum limit of$1,000,000 combined single limit insuring against all liability of CCMJV and its General Managers and/or Contract Administrators arising out of and in 35 connection with CCMJV's use or occupancy of the Museum, and premises liability. The minimum limits on these policies will be adjusted periodically by the City so that the limits generally reflect the values of the policies as of the date this agreement is signed. (b) Business Automobile Liability Insurance. A policy of Business Automobile Liability Insurance, including coverage for any owned, nonowned, leased or hired vehicles, written on an insurance industry standard form or equivalent must provide the minimum limit of $500,000 combined single limit. (c) Crime and Fidelity Coverage. A policy of Crime and Fidelity Insurance written on an insurance industry standard form or equivalent must provide the minimum limit of $500,000 per occurrence of coverage for(i) employee dishonesty, (ii) forgery or alteration, (iii)theft, disappearance and destruction inside and outside the Museum; and (iv)robbery and safe burglary inside and outside the Museum. (d) Workers' Compensation and Employers' Liability. CCMJV must obtain Workers' Compensation and Employers' Liability coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. A policy of Workers' Compensation insurance written on an insurance industry standard form or equivalent, as may be required by law must provide the minimum limit, including employer's liability coverage of$500,000 per person per occurrence and$500,000 per person per disease, and $500,000 aggregate disease. 27.2 Policv Rating and Primary Insurance Requirements. All policies shall be subject to approval by the City's Risk Manager as to insurance company (must be rated A-VII or better in the A.M. Best's Key Rating guide and licensed to do business in the State of Texas or issued as a surplus lines by a Texas Surplus Lines broker), form and coverage, deductibles, and primary to all other insurance. 27.3 Policv Requirements. CCMJV 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)Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects 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; (2) Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; (3)Workers' Compensation and Employers' Liability policies will provide a waiver of subrogation in favor of the City; and(4) Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 27.4 Proof of Policv. CCMJV shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following 36 minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be named as an additional insured for the General Liability policy, and waiver of subrogation in favor of the City is required on all applicable policies. 27.5 Request of Policy. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion,revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). CCMJV shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. CCMJV shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax 9 - (361) 826-4555 27.6 Commencement of Work. Prior to the commencement of any work under the Agreement, CCMJV shall furnish an original completed Certificate(s) of Insurance to the City which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. The original certificate(s) must have the agent's original signature, including the signer's company affiliation, title and phone number, and be mailed directly from the agent to the City. The City shall have no duty to pay or perform under this Agreement until such certificate shall have been delivered to the City, and no officer or employee, other than the City's Risk Manager, shall have authority to waive this requirement. CCMJV shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. CCMJV must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. 27.7 Primary Insurance. It is agreed that CCMJV'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. 27.8 Liability Insurance Modification. The City reserves the right to review the insurance requirements of this section during the effective period of the Agreement and any extension or renewal thereof and to modify insurance coverage and their limits when deemed necessary and prudent by the Risk Manager based upon changes in statutory law, court decisions, or circumstances surrounding the Agreement, but in no instance, will the City allow modification whereupon the City may incur increased risk. 37 27.9 Policy Renewal. Within five (5) calendar days of a suspension, cancellation, or non- renewal of coverage, CCMJV shall provide a replacement Certificate of Insurance and applicable endorsements to City. Failure to provide and to maintain the required insurance shall constitute a material breach of this Agreement. 27.10 Failure to Insure. In addition to any other remedies the City may have upon CCMJV'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 CCMJV to stop work hereunder, and/or withhold any payment(s)which become due to CCMJV hereunder until CCMJV demonstrates compliance with the requirements hereof. 27.11 Proper Insurance. The City currently maintains property insurance on a citywide basis for its facilities, including facilities at the Museum. Throughout the Term of this Agreement, the City shall maintain such property insurance (and be responsible for all premiums for such insurance) on City facilities, including Museum facilities, as the City determines is fiscally responsible to maintain. The City will not determine what property insurance to maintain on Museum facilities separately, but only as part of its overall determination as to the appropriate level of property insurance for City facilities citywide. City's scheduled values for Museum facilities are in Exhibit I. 27.12 Business Interruption Insurance. The City will not be responsible for any "business interruption"losses suffered by CCMJV as a result of damage to a Museum facility. CCMJV shall determine whether to acquire insurance to cover any such losses. 27.13 Waiver of Subrogation. The parties release each other from any claims for damage caused by or resulting from risks insured against under any insurance policies carried by the parties under this Agreement. The parties agree to cause the issuers of the insurance policies maintained by them hereunder to include waivers of the rights of recovery and subrogation. 27.14 Payment of Damages. Nothing herein contained shall be construed as limiting in any way the extent to which CCMJV may be held responsible for payments of damages to persons or property resulting from CCMJV's or its subcontractors'performance of the work covered under this Agreement. 27.15 Report of Accident. In the event of accidents of any kind related to this Agreement, CCMJV shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. 27.16 Proceeds of Casualty Insurance. If either the Museum or any part is damaged or destroyed by fire or other casualty, the City will determine whether repairs and restoration are practicable and feasible and will inform CCMJV in writing of its election to make or not make any such repairs and restoration within one hundred twenty(120) days following the date of such damage or destruction. All proceeds of any casualty insurance paid for by the City shall be the exclusive property of the City and CCMJV shall have no rights to receive any sums therefrom. If the City elects not to repair or restore, the City shall have the right to terminate this Agreement with respect to the Museum, without penalty, premium or fee, by sending notice to CCMJV. If 38 the City elects not to restore the Museum, but within one (1) year following termination of this Agreement decides to restore the same, the City shall give written notice thereof to CCMJV whereupon CCMJV shall have a period of thirty (30) days in which to elect to enter into, and actually enter into, a new contract with the City for operation of the same following its restoration which contract shall be on the same terms and conditions described herein except that the term shall be only for the portion of the term hereof lost due to termination under this Section. If on the other hand, the City elects to repair and restore,the City shall give written notice thereof to CCMJV whereupon CCMJV shall have a period of thirty (30) days in which to elect to enter into, and actually enter into, a new contract with the City for operation of the same following its restoration which contract shall be on the same terms and conditions described herein except that the term shall be only for the portion of the term hereof lost due to termination under this Section. ARTICLE 28 REPRESENTATIONS AND WARRANTIES 28.1 Representations and Warranties. CCMJV represents and warrants to the City and covenants as follows: (a) Mission. CCMJV is capable in aspects related to the operation and management of the Museum and agrees to apply its best efforts and most efficient methods in the full operation and management of the Museum. (b) Formation. CCMJV is a limited liability company duly incorporated, validly existing and in good standing under the laws of the State of Texas. (c) Authority. CCMJV has full power and authority (corporate or otherwise)to enter this Agreement and to consummate the transactions contemplated by it. This Agreement has been duly authorized by all necessary action on the part of CCMJV and no other corporate or other action on the part of CCMJV is necessary to authorize the execution and delivery of this Agreement. The individual executing this Agreement for CCMJV has full authority to do so and to bind CCMJV to its terms. (d) Conflicts and Consents. The execution and delivery by CCMJV of this Agreement and the performance by CCMJV of the transactions contemplated in it will not violate any federal, state, or local law, rule, or regulation, or conflict with or result in any breach or violation of, or constitute a default(or an event which with notice or lapse of time or both would become a default) under, or constitute an event or condition that would permit termination or acceleration of the maturity of, the Articles of Incorporation, bylaws or partnership agreement of CCMJV(as applicable) or any indenture, mortgage, lease, agreement, or other instrument or obligation to which CCMJV is a party or by which it may be bound whose termination or acceleration would materially adversely affect the ability of CCMJV to perform its obligations under this Agreement. No approval, authorization, consent, or other order or action of, or filing or registration with, any 39 person, entity, or governmental authority is required for the execution and delivery by CCMJV of this Agreement. (e) Conflict with Orders, etc. The execution and delivery by CCMJV of this Agreement will not conflict with any order,judgment, or decree of any court, government, government agency, or instrumentality, whether entered pursuant to consent or otherwise, by which CCMJV may be bound or affected. (f) Litigation. There is no litigation, action, arbitration, grievance, administrative proceeding, suit, or claim filed and pending, nor is there any investigation by a governmental agency of CCMJV or any of its affiliates that, if adversely decided, could have a material adverse impact on CCMJV's ability to perform its obligations under this Agreement. ARTICLE 29 FORCE MAJEURE 29.1 Force Maieure. As used in this Agreement, the term "Force Majeure"with respect to a delay in performance shall mean any delay that is attributable to: (a) any strike, lockout or other labor or industrial disturbance (whether or not on the part of the employees of either party), civil disturbance, future order claiming jurisdiction, act of the public enemy, war, riot, sabotage, blockade, embargo, inability to secure customary materials, supplies or labor through ordinary sources by reason of regulation or order of any government or regulatory body; (b) any changes in any applicable laws or the interpretation; or(c) any lightning, earthquake, fire, storm, hurricane, tornado, flood, washout, explosion, or any other cause beyond the reasonable control of the party from whom performance is required and of its contractors or other representatives. Any prevention, delay, or stoppage in a party's performance due to Force Majeure shall excuse the performance of the party affected for a period of time equal to any such prevention, delay, or stoppage; provided, however, that during the period of any such delay or stoppage, the party whose performance is excused shall take all reasonable steps to minimize the length of such delay or stoppage. ARTICLE 30 INDEMNITY 30.1 Indemnification and Hold Harmless. CCMJV ("Indemnitor") shall indemnify and hold the City of Corpus Christi, its officers, agents, employees and representatives ("Indemnitees"), harmless and defend with counsel retained by CCMJV, from and against any third-party action, cause of action, suit, debt, cost, directly-related reasonable expense (including reasonable attorneys' fees, court costs or investigation costs), claim, or demand brought or asserted by any third-party whomsoever (collectively, "Claims"), including but not limited to claims on account of personal injuries or death or damage 40 to property, at law or in equity, which any Indemnitees may suffer or sustain or which may be asserted or instituted against any of Indemnitees resulting from or in connection with (i) the negligence or willful misconduct of CCMJV or its agents, contractors or employees; (ii) any breach or default by CCMJV of any of its warranties, representations, covenants, or obligations made in this Agreement; or (iii) the violation of any copyright, patent, service mark, trade name or trademark by CCMJV; provided, however, that the foregoing indemnification shall not extend to Claims to the extent such Claims (A) arise from any breach or default by the City of any of its warranties, representations, covenants or Obligations made in this Agreement, as determined by a court of competent jurisdiction, (B) are caused by or arise out of the services provided by the architects, engineers and other agents (other than CCMJV) retained by the City in connection with capital improvements or capital equipment purchases at the Facility, (C) arise from the fact that at any time prior to, as of, or after the commencement of the term hereof the Facility and its premises are not or have not been, in compliance with all federal, state, local and municipal regulations, ordinances, statutes, rules, laws and constitutional provisions including, but not limited to, all handicap accessibility laws, rules and regulations, (D) arise from any obligation or liability under or in respect of any contract, agreement or other instrument executed by CCMJV as authorized herein unless CCMJV's acts or omissions in administration thereof are the basis for such liability, as determined by a court of competent jurisdiction, (E) arise from any act or omission carried out by CCMJV at or pursuant to the express direction or instruction of the City's Contract Administrator (but only if CCMJV advises the City's Contract Administrator in writing, promptly following such direction, that CCMJV believes such direction to be imprudent) , or (F) arise from acts of negligence or willful misconduct of City's agents, employees or subcontractors. City agrees to promptly notify CCMJV of any Claim received by the City. This indemnity specifically includes any Claims brought by CCMJV's officers, agents, contractors, or direct employees. This indemnity shall continue notwithstanding the termination of this Agreement with respect to any act or occurrence preceding the termination. CCMJV does not agree to and shall not indemnify the City with respect to claims or causes of action or other matters relating to the MOISTURE PROBLEM at the Museum Premises. 41 30.2 Relationship to Insurance Obligations. Nothing contained in this Article 30 shall be construed to affect the allocation of responsibilities between the Parties or the insurance coverages required in Article 27 of this Agreement. ARTICLE 31 DEFAULT; TERMINATION OF AGREEMENT; REMEDIES 31.1 Termination by City. The City shall have the right to terminate this Agreement following an Event of Default. The following shall constitute "Events of Default"under this Agreement: (a) failure of CCMJV to perform or comply with any covenant or condition made under this Agreement, or failure of any representation or warranty made by CCMJV in this Agreement to have been or to continue to be true and correct, provided CCMJV shall have a period of sixty (60) days from the date of written notice from the City within which to cure such default, or, if such default is not legally capable of cure within such 60-day period, CCMJV shall have a reasonable period to complete such cure if CCMJV promptly undertakes action to cure such default within such 60-day period and later diligently prosecutes such action to completion; (b) abandonment or assignment or encumbrance or transfer of this Agreement or of the Property by CCMJV, without the prior written consent of City; and (c) the appointment of a receiver to take possession of all or substantially all the assets of CCMJV, or an assignment by CCMJV for the benefit of creditors, or any action taken or suffered by CCMJV under any insolvency, bankruptcy, reorganization, moratorium, or other debtor relief act or statute, whether now existing or later amended or enacted, if any such receiver, assignment, or action is not released, discharged, dismissed, or vacated within sixty(60) days. (d) The above is in addition to any other right to terminate explicitly given to the City elsewhere in this Agreement. 31.2 Termination by CCMJV. In the event the City fails to timely pay any portion of any fee due under this Agreement or to perform any other obligation required to be performed by the City, and such failure is not cured within sixty(60) days after written notice of such failure has been delivered to the City by CCMJV, CCMJV shall have the right to terminate this Agreement; provided that if such default is not legally capable of cure within such 60-day period, the City shall have a reasonable period to complete such cure if the City promptly undertakes action to cure such default within such 60-day period and later diligently prosecutes such action to completion. The above is in addition to any other right to terminate explicitly given to CCMJV elsewhere in this Agreement. Either party may terminate this Agreement without cause by giving 90 day's written notice. ARTICLE 32 SURRENDER OF PREMISES 42 32.1 Surrender of Premises; Transition. Upon the Termination Date or other termination of this Agreement, CCMJV shall (a)promptly remit to the City funds which are due and owing pursuant to the terms of this Agreement, including funds not expended but held by CCMJV, and (b)peaceably quit and surrender to the City the Premises and Property together with all permanent improvements approved by the City, in good order and condition, normal wear and tear and damage caused by casualty or condemnation excepted. To determine the proper remittance to the City under the above-mentioned clause (a), CCMJV agrees throughout the term of this Agreement to segregate Revenue and Operation Support Payment in an account or accounts separate from other funds held by CCMJV. The Premises and Personal Property shall be surrendered free and clear of all liens and encumbrances other than presently existing liens and encumbrances and any other encumbrances created or approved in writing by City. CCMJV shall, immediately before the Termination Date or other termination of this Agreement, remove all CCMJV's Property as provided in this Agreement, and repair any damage resulting from the removal. CCMJV's obligations under this Article shall survive the Termination Date or other termination of this Agreement. Any items of CCMJV's Property which shall remain in the Premises after the Termination Date of this Agreement may, at the option of the City, be deemed abandoned and in such case, may be disposed of by City in any manner allowed by law. Upon the termination of this Agreement for any reason, CCMJV and the City shall cooperate to the fullest reasonable extent in effecting an orderly and efficient transfer of the operation and management of the Museum from CCMJV to the City or its designee. Such cooperation shall include without limitation the entry into such agreement, the execution of such documents and the convening of such meetings as may be reasonable required to affect such transfer. ARTICLE 33 HAZARDOUS MATERIALS 33.1 Definitions. As used in this Agreement, the following terms shall have the meanings set forth below: (a) "Environmental Laws"means any applicable federal, state, and local laws (whether under common law, statute, ordinance, rule,regulation, code, or otherwise), permits, orders, decrees, and other requirements of governmental authorities relating to the protection of human health or the environment, whether existing as of this date, previously enforced, or subsequently enacted. (b) "Hazardous Material' means any element, compound, chemical, chemical mixture, or other substance that is identified as, or determined to be, a hazardous,toxic, or dangerous substance, pollutant, contaminant,waste, or material under, or is otherwise regulated under, any Environmental Law or other law relating to chemical management, environmental contamination, environmental cleanup, or nuisances, including, without 43 limitation, petroleum and petroleum products, asbestos, radon and other radioactive materials, bio-hazards, and lead-based paint. (c) "Release"when used with respect to Hazardous Material shall include any actual or imminent spilling,leaking,pumping,pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing in, on,under, or about any other part of the Property. 33.2 No Hazardous Materials. CCMJV covenants and agrees that neither CCMJV nor any of its agents or Invitees shall cause or permit any Hazardous Material to be brought upon, kept, used, stored, generated, or disposed of in, on, or about the Property, or transported to or from the Property, provided that CCMJV may use such substances in such limited amounts as are customarily used in the operation and maintenance of a Museum so long as such use is in compliance with all applicable Environmental Laws. Each party shall immediately notify the other party if and when such party learns or has reason to believe there has been any Release of Hazardous Material on or about the Property. 33.3 CCMJV's Environmental Indemnity. If CCMJV breaches any of its obligations contained in this Article, or, if any act, omission or negligence of CCMJV or any of its agents or Invitees results in any contamination of the Premises or any other part of the Property or in the Release of Hazardous Material from, on, about, in, on or beneath the Property, then CCMJV shall Indemnify the City from and against all losses (including, without limitation, the loss or restriction of the use of the Property and sums paid in settlement of claims, fines, civil penalties, attorney's fees, consultants' fees and experts' fees and costs) arising during or after the Term of this Agreement and relating to such Release; provided, however, that the Indemnity contained in this Article shall not apply to any losses resulting from a Preexisting Condition. The above- mentioned indemnity includes, without limitation, costs incurred in connection with the investigation of site conditions and all activities required to locate, assess, evaluate, remediate, clean up, remove, contain, treat, stabilize, monitor or otherwise control any Hazardous Material, and to restore the Property to its prior condition. Without limiting the above, if CCMJV or any of its agents or invitees causes or permits the Release of any Hazardous Materials on, about, in or beneath the Property, CCMJV shall, immediately, at no expense to the City, take any and all necessary actions to abate and remediate the Release in accordance with all Environmental Laws. CCMJV shall afford the City a full opportunity to participate in any discussions with governmental regulatory agencies regarding any settlement agreement, cleanup or abatement agreement, consent decree, or other compromise or proceeding involving Hazardous Material. ARTICLE 34 ASSIGNMENTS; SUBCONTRACTING 34.1 Assignments; Subcontracting. CCMJV has been chosen by the City to operate and manage the Museum in reliance upon CCMJV's stated and unique expertise, skill, knowledge, 44 and mission. CCMJV shall not assign, transfer, mortgage or encumber its interest in this Agreement or any other right, privilege or license conferred by this Agreement, either in whole or in part. Any assignment or encumbrance shall be voidable and, at the City's election, shall constitute a material default under this Agreement. Without limiting the obligations of CCMJV under this Agreement, CCMJV shall have the right and the authority to enter into contracting arrangements with any other person or entity (including without limitation the City or other City agency) for the provision of any service required or allowed to be performed by CCMJV under this Agreement. ARTICLE 35 NOTICES 35.1 Notices. All notices required to be given shall be in writing and either delivered personally or sent by certified mail to the appropriate address listed below, or at such other address as shall be provided by written notice. Notice shall be deemed communicated two Business Days from the time of mailing if mailed as provided in this Article. For convenience of the parties, copies of notices may also be given by other means; however, neither party may give official or binding notice except by personal delivery or by certified mail. If to Corpus Christi Museum Joint Venture: William Durrill 615 Upper Broadway Corpus Christi, Texas 78401 If to the City of Corpus Christi: Margie C. Rose City Manager City of Corpus Christi 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469 ARTICLE 36 COMPLIANCE WITH LAWS 36.1 Generally. CCMJV shall comply and conform with all laws and all governmental regulations, rules, and orders that may from time to time be put into effect relating to, controlling or limiting the use and operation of the Museum. CCMJV shall secure, or cooperate with the City in its securing, all permits and licenses specifically required for the operation of the Museum (copies of which shall be promptly provided to the City), and shall comply with all applicable laws and regulations relating to labor employed in and relating to the operation of the Museum. 36.2 Preexisting Conditions. Notwithstanding any other provision of this Agreement to the contrary, CCMJV shall incur no liability for, or assume any obligation to correct, any Preexisting Condition;provided, however, that CCMJV shall use its reasonable efforts to (a) identify all such 45 Preexisting Conditions and notify the City immediately of their existence, (b)take all reasonable action necessary to minimize any risk of injury or liability that may be occasioned by such a Preexisting Condition, and(c)to the extent funds are or become available, as referred to in the following sentence, take all reasonable action necessary to correct any such Preexisting Condition;provided further, however, that the above shall not condition or limit City's Indemnity under Article 30 above. The City agrees to use its reasonable efforts to assist CCMJV in obtaining such grants or other funds as may be available to assist in the financing of any work performed to bring any building, structure or service within the Premises into compliance with any applicable local, state or federal law or regulation, including without limitation the Americans with Disabilities Act of 1990.Nothing in this Article shall eliminate any obligation of CCMJV to ensure that all new construction, remodeling or rehabilitation work performed by CCMJV at the Museum is completed in compliance with all applicable local, state, and federal laws and regulations. Either party shall have the option of terminating this Agreement in the event the parties are unable to satisfactorily resolve any Preexisting Condition. 36.3 Americans with Disabilities Act. CCMJV acknowledges that the Americans with Disabilities Act(the"ADA")requires that programs, services, and other activities provided by a public entity to the public,whether directly or through a contractor, must be accessible to the disabled public. CCMJV further acknowledges its obligation to comply with the ADA and any other federal, state or local disability rights legislation. CCMJV warrants that it will fulfill that obligation, and that it will not discriminate against disabled persons in the provision of services, benefits or activities pursuant to this Agreement. 36.4 Non-Discrimination Ordinances. CCMJV shall comply with all provisions of CORPUS CHRISTI,TER.,CODE §24-82, as amended, recodified or reenacted from time to time, relating to equal opportunity in employment and business practices. Such provisions are incorporated in this Agreement and by reference made a part of this Agreement as though fully set forth in this Agreement. ARTICLE 37 TAXES,ASSESSMENTS,LICENSES,PERNHT FEES,AND LIENS 37.1 Taxes,Assessments,Licenses,Permit Fees, and Liens. CCMJV agrees to pay taxes of any kind, including any possessory interest taxes (unless exempt under Texas law),that may be lawfully assessed on or on account of the performance of this Agreement and to pay all other taxes, excises, licenses, permit charges, and assessments based on CCMJV's use of the Premises that may be imposed upon CCMJV by law, all of which shall be paid when such sums become due and payable and before delinquency. CCMJV agrees not to allow or suffer a lien for any such taxes to be imposed upon the Premises or upon any equipment or property located there without promptly discharging such lien, provided that CCMJV, if so desiring, may have reasonable opportunity to contest the validity of it. If CCMJV intends to contest or to fail to pay when due any tax or fee referred to in the preceding sentence, CCMJV shall provide the City with at least 30-days' notice of that intention before the tax is due, explaining its reasons. 46 37.2 Sales Tax. CCMJV shall collect and remit all sales tax required by law. CCMJV shall be responsible for the payment of all sales tax collected. If CCMJV intends to contest or to fail to pay when due any tax or fee referred to in the preceding sentence, CCMJV shall provide the City with at least 30-days' notice of that intention before the tax is due, explaining its reasons. 37.3 Unpaid taxes. The City may choose to pay the tax on behalf of CCMJV, and if it is later determined the tax or some portion of it validly owed, CCMJV shall reimburse the City within thirty(30) days of written demand. ARTICLE 38 MISCELLANEOUS 38.1 Liability of the City. The City's obligations to CCMJV under this Agreement shall be limited to the terms and conditions set forth in this Agreement. Notwithstanding any other provision in this Agreement to the contrary, in no event shall the City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages,including without limitation lost profits, arising out of or in connection with this Agreement or the services performed in connection with this Agreement. 38.2 Liability of CCMJV. CCMJV's obligations to the City under this Agreement shall be limited to the terms and conditions set forth in this Agreement. Notwithstanding any other provision in this Agreement to the contrary, in no event shall CCMJV be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages,including without limitation lost profits, arising out of or in connection with this Agreement or the services performed in connection with this Agreement. 38.3 Liens. CCMJV shall keep the Premises and Personal Property free from any liens arising out of any work performed, material furnished or obligations incurred by or for CCMJV and any other liens or encumbrances. 38.4 Parties and Their Agents. As used in this Agreement, the term "agents"when used with respect to either party shall include the agents, employees, officers, and representatives of such party. All approvals, consents or other determinations permitted or required by the City shall be made by or through the City Manager unless otherwise provided in this Agreement or unless the City gives notice otherwise to CCMJV. 38.5 Dispute Resolution. In the event of a dispute between CCMJV and the City regarding any term of this Agreement, the parties shall attempt to resolve the matter informally through the following mechanism: the City Manager and CCMJV management, or their respective designees, shall meet to review and discuss the matters in dispute; if the City Manager and CCMJV are unable to reach a mutual resolution, either party may submit the matter to a nonbinding, structured mediation procedure fashioned by persons or organizations experienced in alternative dispute resolution ("ADR")procedures. The mediation may be requested by any party and shall be initiated within thirty (30) days from the date of the request unless extended by agreement of both parties. The alternative dispute resolution procedures utilized for the mediation shall include the exchange of written claims and responses, with supporting information, at least seven (7) 47 days prior to the actual mediation. The positions expressed and mediator's recommendations shall not be admissible as evidence in any subsequent ADR or legal proceeding. If the matter is submitted to mediation and the matter is not resolved, an affected party shall be entitled to pursue any legal remedy available. 38.6 No Implied Waiver. No failure by either party to insist upon the strict performance of any obligation of the other party under this Agreement or to exercise any right,power or remedy arising out of a breach, irrespective of the length of time for which such failure continues (except in cases where this Agreement expressly limits the time for exercising rights or remedies arising out of a breach), shall constitute a waiver of such breach or of that party's right to demand strict compliance such term, covenant or condition or operate as a surrender of this Agreement. No waiver of any default or the performance of any provision shall affect any other default or performance, or cover any other period of time, other than the default, performance or period of time specified in such express waiver. One or more written waivers of a default or the performance of any provision shall not be deemed to be a waiver of a subsequent default or performance. The consent of either party given in any instance under the terms of this Agreement shall not relieve the other party of any obligation to secure the consent of the other party in any other or future instance under the terms of this Agreement. 38.7 Headings and Subheadings. The captions preceding the articles and sections of this Agreement and in the table of contents have been inserted for convenience of reference and such captions in no way define or limit the scope or intent of any provision of this Agreement. 38.8 Successors and Assigns. The terms, covenants, and conditions contained in this Agreement shall bind and inure to the benefit of the City and CCMJV and, except as otherwise provided in this Agreement, their personal representatives and successors and assigns. There are no third-party beneficiaries to this Agreement. 38.9 Access to Museum. The City and their duly authorized agents shall have access to the Premises and other Property at all times (a) for the purpose of inspection and to make any repairs, additions or renovations as the City may have the right to do under the provisions of this Agreement, and(b) for use by the City in case of emergency, as determined by City in its sole discretion. 38.10 Relationship of Parties. The services to be rendered by CCMJV pursuant to this Agreement are as an independent contractor only and the relationship between CCMJV and the City is solely that of owner and contractor. Nothing contained in this Agreement shall be construed to create a partnership,joint venture, or a relationship of employment or agency. 38.11 Agreement Made in Texas. This Agreement shall be deemed to be made in and shall be construed in accordance with the laws of the State of Texas. Venue of any action brought by one party against the other to enforce or arising out of this Agreement shall be in Nueces County, Texas. 38.12 Integrated Agreement; Modification. This Agreement contains all the agreements of the parties relating to the subject matter addressed in this Agreement, and cannot be amended or 48 modified except by a written agreement approved by the City of Corpus Christi City Council and mutually executed between each of the parties. 38.13 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. 38.14 Exhibits. All Exhibits to which reference is made in this agreement are deemed incorporated in this agreement in their entirety, whether or not actually attached. 38.15 Non-Liability of Officials,Employees, and Agents. No elective or appointive board, commission, member, officer, employee or other agent of the City shall be personally liable to CCMJV, its successors, and assigns, in the event of any default or breach by the City or for any amount which may become due to CCMJV, its successors, and assigns under this Agreement, or for any obligation of the City under this Agreement. Likewise,no board member,member, officer, employee or other agent of CCMJV shall be personally liable to the City, its successors, and assigns under this Agreement, in the event of any default or breach by CCMJV or for any amount which may become due to the City, its successors, and assigns, or for any obligation of CCMJV under this Agreement. 38.16 Time of Essence. Time is of the essence of each provision of this Agreement. 38.17 Survival of Indemnities. Termination of this Agreement shall not affect the right of either party to enforce any and all Indemnities and representations and warranties given or made to the other party under this Agreement, nor shall it affect any provision of this Agreement that expressly states it shall survive such termination. 38.18 Good Faith Dealings. All parties will act in good faith in the preparation, execution, and resolution of any matter within the scope of this Agreement. These good faith acts shall be made in a lawful and ethical manner. 38.19 Severability. If any article, section, subsection,paragraph, sentence or clause of this Agreement shall be deemed to be illegal, invalid or unenforceable for any reason, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability of the remainder of this Agreement. If any change occurs during the term of this Agreement with respect to any laws,rules,regulations or ordinances which affect the rights or obligations of CCMJV or the City under this Agreement, or the applicability of any taxes or fees, CCMJV and the City shall negotiate in good faith to bring this Agreement into conformance with such change or changes. If such agreement cannot be reached, CCMJV or the City shall have the right to immediately terminate this Agreement upon written notice to the other party. 38.20 Non-Appropriation The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30 annually, is subject to appropriations and budget approval covering this Agreement as an expenditure in said budget; however, it's within the sole discretion of the City Council of the City to determine whether to fund this 49 Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 38.21 Certificate of Interested Parties. CCMJV agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties"with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a"controlling interest"in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units,percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or C. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information,please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 38.22 Conflict of Interest. CCMJV agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index 38.23 Failure to Appropriate Funds. Failure to appropriate funds will give CCMJV the unilateral right to terminate this Agreement, and the City shall still be responsible and obligated to pay the Management through the date of termination and other operating expenses paid for by CCMJV or incurred by CCMJV. 38.24 Verification Regarding Israel. In accordance with Chapter 2270,Texas Government Code,the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel; and(2)will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 50 IN WITNESS WHEREOF,the parties have executed this Agreement as of the day and year first above written. CITY OF CORPUS CHRISTI CCMJV, LLC By: By: Margie C. Rose William Durrill City Manager Principal Date Date Approved as to legal form: , 2018 Buck Brice Assistant City Attorney For City Attorney 51 z ' . . WiT EXH AIF erg - o � �""� o a Q� i t a e e f 1 •* n�,. •L UAW a ° c � •Lr� p 0 0 � � � a w-<.. _ ��,��+s•may tea. � 1 j EXHIBIT B Primary Lots US 181 for the exclusive use of the ? Museum of Science &History v m Secondary Lots -i 171 n m requires coordination with a LA = other entities Ln M A (Lots 1,2,3,5&10 are for the exclusive M� use of the American Bank Center) MESQUITE ST. '^ M M = LOT HERITAGE PARK LOT A 13 11 � ORIENTAL rt LOT `M = MUSEUM = 10 LOT ~ LOT -TE 24 R 25 N.CHAPARRALST. N.CHAPARRALST. (7 O V LOT I LaT 22 LOT LOT LOT DAA PL—USE T MUSEUM OF 26 5 o) LOT Q SCIENCE AND HISTORY O c-i M 1 LOT N.WATER ST. n IADA) �21 r D LOT WATERGARDEN 6 LOT ADA 23 ROUTE N.SHORELINE BLVD. 0D:�Lo ART MUSEUM LOT 4 EXHIBIT C American Alliance of h1/ Museums February 1, 2013 Carol Rehtmeyer Director Corpus Christi Museum of Science & History 1900 N Chaparral St Corpus Christi, TX 78401-1114 Dear Ms. Rehtmeyer: On behalf of the Accreditation Commission and Program staff, congratulations on your appointment as the new Director of the Corpus Christi Museum of Science & History. The museum is one of almost 1,000 museums nationwide recognized through AAM accreditation for its commitment to excellence and high professional standards. I have enclosed some of our program literature for your reference, and encourage you to visit our web site at www.aam-us.org for additional information. The Corpus Christi Museum of Science & History was first granted accreditation in 1973, and was successfully reaccredited in 1988, 2001 and 2011. The museum's next self-study due date is November 1, 2025. 1 would also like to welcome you as a member of the accreditation peer reviewer roster—a benefit of accreditation. As the new director of an accredited institution, you are automatically a member of the Alliance peer reviewer roster, eligible to serve on Visiting Committees for accreditation reviews. This is an excellent chance to pick up new ideas from your peers and take them home to your museum, network with peers at sister institutions, and actively participate in Alliance's efforts to advance standards and best practices. Periodically my staff may approach you with the opportunity to serve on a given museum's review team. You are under no obligation to accept these assignments, of course, but I hope you consider trying this out. The enclosed Frequently Asked Questions for New Accreditation Peer Reviewers will answer many questions you likely have at this point. There is also some information on page 40 of the enclosed copy of A Higher Standard: The Museum Accreditation Handbook. The Peer Review Program staff will be in touch with you directly in the next few weeks giving you more information. Please do not hesitate to contact the staff at(202)289-9116 or accreditation@aam-us.org with questions about any aspect of the museum's participation in the Accreditation Program. We look forward to working with you and your staff, and wish you the best of luck in your new position. Sin ft, (1h Dana Twersky Assistant Director, Accreditation 1575 Eye Street NW,Suite 400 1 Washington DC 20005 1 T 202.289.1818 1 F 202.289.6578 1 www.sam-us.org TEXAS HISTORICAL COMMISSION real places telling real stories CURATORIAL FACILITY CERTIFICATION PROGRAM Benchmarking Excellence WRITTEN NARRATIVE REPORT AND RE-CERTIFICATION RECOMMENDATION To be completed by CFCP Coordinator Co us Christi Museum of Science and History Bradford M. Jones Curatorial Facility Field Reviewer 1900 N. Chaparral Street P.O. Box 12276 Co us Christi TX 78401 Austin TX 78711-2276 Mailing Address Mailing Address 361-826-4667 512-463-5865 Telephone (area code and number) Telephone 512-463-8927 Fax (area code and number) Fax (area code and number) Jillian Becquet bradaones a�thc.state.tx.us Contact Email JillianB@cctexas.conl July 2-3 &Aug st 31. 2015 Email a Date of Field Review Si o CP Coordinator GREG ABBOTT, GOVERNOR JOHN L. NAU, III, CHAIR MARK WOLFE, EXECUTIVE DIRECTOR P.O. BOX 12276 AUSTIN, TEXAS 78711-2276 P 512.463.6100 F 512.475.4872 •www.thc.state.tx.us INTRODUCTION The Corpus Christi Museum of Science and History (CCMSH) was the first curatorial facility in the State of Texas to be entrusted by the Texas Historical Commission's (THC) Certified Curatorial Facility Program (CFCP)to curate state associated Held-In-Trust (HIT) collections. The museum, which is also the formal Maritime Curation Facility for Texas, currently houses two of the state's most significant shipwreck collections: the HIT 1554 Shipwrecks and the La Belle shipwreck that is the property of France and managed by the THC. In addition, the museum currently holds multiple site collections from permitted terrestrial and marine archeological projects that are HIT in addition to the museum sizable collection of regionally acquired historic material. CCMSH is a significant state and regional resource for curation and research. Since being certified on October 28, 2005, CCMSH has consistently filed an Annual Report to the CFCP coordinator, detailing acquisition and accessioning, loans, analysis, or changes in the status of the HIT properties. In all respects, CCMSH continues to meet the standards and expectations of the CFCP program. As detailed below, over the last 10 years CCMSH has continued to improve the management and care of the HIT collections, even though several changes in the administration of the museum and the staff have occurred. Throughout this period the Museum has worked closely with THC to insure that any requests for loans, images, or research on HIT collections are properly addressed and in compliance with CFCP standards. As the curatorial repository for the La Belle artifacts, CCMSH has been an important partner in facilitating the ongoing analysis of the collection, and as the primary loan institution handles the annual renewal of loans to the Odyssey Museum members, the Bullock State History Museum, and other museums exhibiting La Belle artifacts. When it was initially certified the CCMSH was identified as having two Deficiency Factors due to substandard policies and substandard procedures (See Attachment 1). Since that time, CCMSH has instituted changes to their Collection Management Policy and to their procedures that address all of the deficiency factors identified. At this time, CCMSH has no pre-existing deficiency or disabling factors, or any that were newly identified, that would affect the facility's eligibility for re-certification. The following sections briefly address each of the nine main areas of focus discussed in the attached copy of the CFCP Written Narrative Report recommending certification for CCMSH: governance, finance, policies, procedures, physical facilities, staff, visiting scholars and researchers, records management, and collections care. GOVERNANCE The CCMSH meets all CFCP requirements regarding governance. However, since the initial certification, the Museum has undergone a change in its daily operational organization. Though the Museum remains organized as an administrative department under the City Council of Corpus Christi, managerial oversight of the facility has been assumed by a private management firm, though still through the auspices of an appointed Advisory Committee. Working in 2 tandem, the Advisory Committee and director share the responsibility of operating the Museum under established and approved policies and procedures. FINANCE The CCMSH continues to meet all CFCP requirements regarding finance. POLICIES As noted in the introduction, when CCMSH was originally certified the field reviewer requested that the policy statements in the Museum's Collection Management Policy(CMP) be revised to match recommendations and minimum standards set forth by the CFCP certification process. These revisions have been done and were reviewed and approved by the CFCP coordinator Elizabeth Martindale in 2007. Therefore, CCMSH now meets all CFCP requirements regarding Policies. PROCEDURES As noted in the introduction, when CCMSH was originally certified, the field reviewer requested that the written procedures be revised to match recommendations and minimum standards set forth by the CFCP certification process. These revisions have been done and were reviewed and approved by the CFCP coordinator Elizabeth Martindale in 2007. Therefore, CCMSH now meets all CFCP requirements regarding procedures. PHYSICAL FACILITIES Physical facilities were considered sufficient to meet all CFCP requirements at the time of certification, and CCMSH continues to meet all CFCP requirements regarding Physical Facilities. As noted below under Collections Care, the location of the HIT and La Belle collections has been changed to the main collections storage area which has an improved HVAC system providing an enhanced physical environment for the collections. STAFF At the time of certification and until 2013, the museum was under the direction of Richard Stryker. As noted in the governance section, the daily management of the Museum has since been contracted to a private management company and now Carol Rehtmeyer is the Museum Director. In addition to the change in director, the CCMSH has seen a reduction in staff due to changing budgetary constraints. Until 2014, CCMSH had both a dedicated curator/collections manager 3 and a registrar involved in the curation of the Museum collections. Since that time, these roles have been combined in one staff position. Currently Jillian Becquet is the Collections Manager/Registrar. Ms. Becquet has a master degree in Museum Sciences from Baylor University and has proven highly effective since assuming the role. The CCMSH continues to meet all CFCP requirements regarding procedures. VISITING SCHOLARS AND RESEARCHERS The CCMSH continues to meet all CFCP Visiting Scholar and Researchers Requirements. As described under Collections Care, the relocation of the HIT and La Belle collections to the second floor has improved access for interested researchers by situating them closer to the materials as well as in an improved work space. Up to this point the Museum has been able to assist any researcher requesting access to HIT or the La Belle collections, but there is some measure of concern on the part of the CFCP Coordinator that the reduction in staffing has the potential to leave insufficient staff time to assist and supervise visiting scholars and researchers should demand increase. RECORDS MANAGEMENT The CCMSH meets all CFCP requirements regarding Records Management. The only substantive change at the Museum has been the adoption of a PastPerfect Collections management in place of the older Re:Discovery database. Staff report that the system has improved their ability to internally manage the collection, and they look forward to using the software to eventually enhance the online accessibility of the collection. COLLECTIONS CARE CCMSH meets all CFCP requirements regarding Collections Care. When certified in 2005, HIT artifacts, as well as the La Belle shipwreck collections, were maintained in a separate space on the first floor of the building. Since 2010, all HIT and archaeology collections have been moved to the second floor main collections room where they have been placed on newer shelving and repackaged in improved housing. At the same time, with help from the THC, the La Belle collection was also transferred upstairs into new, high quality locked cabinetry, vastly improving the overall care and appearance of the collection. Though the previous space was adequate, the new space has also been refitted with an improved HVAC system that ensures a more stable climate. Compared to the ground floor location, the second floor storage area provides better protection from potential natural disasters such as flooding, which are of some consideration given the site of the museum on the bay front. Additionally, the security system and access control is better for the main collection than it was for the previous location, and the new location provides better adjacent facilities for collections research. 4 RECOMMENDATION TO THE THC The recommendation is based on the findings summarized in this Written Narrative Report and constitutes the CFCP Coordinator's recommendation to award or deny re-certification or award provisional status. The Corpus Christi Museum of Science and History has no disabling or deficiency factors. Based on the reasons outlined in this document, the CCMSH has demonstrated that it continues to meet the stated requirements to be a certified curatorial facility. It is the recommendation of the CFCP Coordinator that CCMSH be re-certified to accept and maintain state-associated Held-In-Trust collections for another 10 year period. 1012- 2-0 15 `i nature CP ordinator Date 5 EXHIBIT D DEPARTMENT OF THE INTERIOR �&�LYFE U.S.FISH AND WILDLIFE SERVICE SERVICE 2.AUTHORITY-STATUTES Migratory Bird Permit Office 16 USC 668a P.O.Box 709-Albuquerque,NM 87103 Tel: 505-248-7882 Fax: 505-248-7885 Email:permitsR2MB@fws.gov FEDERAL FISH AND WILDLIFE PERMIT REGULATIONS 50 CFR PART 13 L PERMITTEE 50 CFR 22.21 CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY 1900 N.CHAPARRAL CORPUS CHRISTI,TX 78401 U.S.A. 3.NUMBER MB11265A-0 4.RENEWABLE 5.MAY COPY F7 YES F7 YES ❑ NO ❑ NO 6.EFFECTIVE 7.EXPIRES 04/01/2016 03/31/2019 8_NAME AND TITLE OF PRINCIPAL OFFICER (If#1 it a business) 9.TYPE OF PERMIT CAROL REHTMEYER DEAD EAGLE EXHIBITION EXECUTIVE DIRECTOR 10.LOCATION WHERE AUTHORIZED ACTIVITY MAY BE CONDUCTED TEXAS 1900 N.CHAPARRAL NUECES COUNTY CORPUS CHRISTI TX 11.CONDITIONS AND AUTHORIZATIONS: A. GENERAL CONDITIONS SET OUT IN SUBPART D OF 50 CFR 13,AND SPECIFIC CONDITIONS CONTAINED IN FEDERAL REGULATIONS CITED IN BLOCK#2 ABOVE,ARE HEREBY MADE APART OF THIS PERMIT.ALL ACTIVITIES AUTHORIZED HEREIN MUST BE CARRIED OUT IN ACCORD WITH AND FOR THE PURPOSES DESCRIBED IN THE APPLICATION SUBMITTED.CONTINUED VALIDITY,OR RENEWAL,OF THIS PERMIT IS SUBJECT TO COMPLETE AND TIMELY COMPLIANCE WITH ALL APPLICABLE CONDITIONS,INCLUDING THE FILING OF ALL REQUIRED INFORMATION AND REPORTS. B.THE VALIDITY OF THIS PERMIT IS ALSO CONDITIONED UPON STRICT OBSERVANCE OF ALL APPLICABLE FOREIGN,STATE,LOCAL,TRIBAL,OR OTHER FEDERAL LAW. C.VALID FOR USE BY PERMITTEE NAMED ABOVE. D. You are authorized to possess for conservation education purposes the following eagle specimen(s)7 Qty Specimen Acquired from Date Acq. 1 Bald Eagle,full mount donated by US FWS 7/16/1971 1 Golden Eagle,egg on loan Am.Mus.Nat.Hist. 1970 1 Golden Eagle,study skin 1973 2 Bald Eagle,egg Forbes Nat.Sci.for Youth Fndn 6/17/1975 2 Eagle,wings donated by Charles Moss 6/3/1980 1 Bald Eagle,egg Forbes Nat.Sci.for Youth Fndn 11/19/1969 1 Bald Eagle,egg Forbes Nat.Sci.for Youth Fndn 6/17/1975 E. You must obtain prior written approval from your migratory bird permit issuing office before acquiring,transferring,or disposing of any eagle. See standard condition 5 for instructions. F. Any person who is (1)employed by or under contract to you for the activities specified in this permit,or (2)otherwise designated a subpermittee by you in writing,may exercise the authority of this permit. G. You and any subpermittees must comply with the attached Standard Conditions for Dead Eagle Exhibition Permits. These standard conditions are a continuation of your permit conditions and must remain with your permit. Z ADDITIONAL CONDITIONS AND AUTHORIZATIONS ALSO APPLY 12.REPORTING REQUIREMENTS ANNUAL REPORT DUE:01/31 You must submit an annual report to your Regional Migratory Bird Permit Office each year. Form: www.fws.gov/forms/3-202-13.pdf. ISSUED BY oigilli lig—byE NA HUNT TITLE DATE ELVIRA HUNT � UN:r-US,o=U.S.Garemmemoir-cep ftNe H U ° ';�N ;`' tIT�IISTRATOR,MIGRATORY BIRD PERMIT OFFICE-REGION 2 01/13/2016 TEXAS PARKS & January 10,2017 WILDLIFE Gene Peacock Corpus Christi Museum of Science and History 1900 N.Chaparral Corpus Christi,TX 78401 Dear Mr.Peacock: Enclosed is your new Educational Display Permit No. EDU-0117-008. Please review your permit for accuracy and make note of any restrictions. If additional authority is needed,you should request a permit amendment. Although the permit does not have to be renewed each year, annual reports are required for the permit to remain valid. Please note that all mortalities, retained and discarded, must be documented and reported on annual reports. Your first annual report will be due on January 10, 2018. The report form is also available online: ht!p:H!pwd.texas.gov/business/permits/land/wildlife/educationaU. Furthermore, it is necessary for you to carry this permit when conducting authorized activities. Sub-permittees may carry a copy in lieu of the original permit. It is also advisable to carry some additional corroborative identification such as a drivers license. Please be sure to notify the Texas Parks and Wildlife Department Law Enforcement Office(s)in the region(s) of your field activities by telephone not less than 24 hours nor more than 72 hours prior to collection if collection techniques or devices being used are ordinarily classified as illegal (i.e. using gill nets or electro-shocking devices to collect fish, hunting/collecting along public roads and rights-of-way). A confirmed response from the local game warden is required prior to collection if the sampling activities being conducted involve methods of capture ordinarily classified as illegal. To determine appropriate regional office location and/or telephone number, please see http://www.tt)wd.state.tx.us/warden/connect/offices. If the regional office(s) or telephone number(s) is unknown, the number(s) may be obtained at any time by calling a Parks and Wildlife Communication Center: Austin- (512)389-4848;Houston- (281) 842- 8100. In addition, please be advised that collecting in a wildlife management area is not authorized without prior written permission from the area manager. Please note that you will be required to obtain/hold a U.S. Fish & Wildlife Service federal permit for collection and/or handling of federally protected wildlife, including banding, possession, and/or salvage of migratory birds. Should you have any questions or require further assistance, please contact me via email, as it is the best way of communicating with me. Sincerely, e4 "b a'�'�'a Christopher Maldonado Wildlife Permits Specialist EDUCATIONAL DISPLAY PERMIT NUMBER EDU-0117-008 IS HEREBY ISSUED TO: Gene Peacock Corpus Christi Museum of Science and History UNDER THE AUTHORITY OF CHAPTER 43, SUBCHAPTER C OF THE TEXAS PARKS AND WILDLIFE CODE The activities permitted by this document are to be carried out in accordance with the Texas Parks and Wildlife Code, the Rules and Regulations of the Texas Parks and Wildlife Commission, and all of the following provisions: 1. This permit may not be transferred,assigned or conveyed by the holder. 2. The issuance of this permit is not a guarantee that a subsequent permit or renewal of this permit will be granted. 3. Required information and data shall be maintained at the address of the permit holder and shall be available for inspection at the request of personnel of the Texas Parks and Wildlife Department during the active life of the permit. 4. Acceptance of this permit constitutes an acknowledgment and agreement that the holder will comply with all Rules, Regulations, Orders and Proclamations of the Texas Parks and Wildlife Commission issued in accordance with the law and the conditions precedent to the granting of this permit. Failure to comply with any and all provisions of this permit may result in enforcement action, including criminal penalties authorized by the Parks and Wildlife Code, and the revocation of this permit. 5. This permit does not relieve the holder of the responsibility to obey all other local, county, state and federal laws while carrying out the authorized activities. -Issued by: JY,x4 �flefiife January 10,2017 b �a Effective date Chris Maldonado Wildlife Permits Specialist 6. This permit will expire at midnight,January 10,2020. 7. The following individuals may conduct the activities authorized by this permit under the guidance of the permittee: SUBPERMITTEES: Adrien Hihny,Dillon Reyes,John Ellis,Jonathan Garza,Madeleine Fontenot, Sarah Coles, Savannah Olkowski, Sophia Cathcart UNPERMITTED ASSISTANTS: A permittee engaging unpermitted assistants shall maintain on file at their office and possess on their person in the field a signed and dated list of all unpermitted persons assisting in permitted activities. (Individuals under the direct on-site supervision of permit holder). Page 1 of 4 Peacock,Gene Expires 01/10/2020 Educational Display Permit No.EDU-0117-008 8. The following wildlife species in the specified quantities are authorized by this permit to be: a. This permit authorizes the possession of species native to Texas by donation/transfer from authorized permit holders or other legal sources and held for educational purposes. In accordance with TPWD facility standards set forth in §69.305 or Wildlife in Education — A Guide for the Care and Use of Program Animals by NWRA. Common Name Scientific Name Quantity ---------------------------------------------------------------------------------------------------------------------------- Texas tortoise Gopherus berlandieri NTE 1 ---------------------------------------------------------------------------------------------------------------------------- *In accordance with specifications listed on a valid federal permit, if applicable. 9. The following means for taking or capture are authorized by this permit: a. Donations - Authorized permit holders for donations include wildlife rehabilitators, zoological, scientific research, and educational display permit holders. In addition, TPWD Game Wardens or licensed hunters would be considered legal sources. The Receipt for Donation form or a Wildlife Resource Document should be used to support a legal source. 10. The following locations for taking or capture are authorized by this permit: a. NO LIVE TAKE DIRECTLY FROM THE WILD AUTHORIZED 11. Permittee is authorized to lend mounted or salvaged protected wildlife specimens held by authority of this permit, for use in educational programs. All specimens shall be individually tagged or otherwise marked in such a manner as to allow identification of the permittee as the source of the specimen. Specimens must be accompanied by required specimen donation form provided by the Department. A copy of the completed form must be submitted with the annual report. 12. All specimens taken or salvaged shall be deposited with an appropriate collection or otherwise disposed of in accordance with paragraph 13d of this permit. 13. PERMIT HOLDER IS REQUIRED TO: a. File a completed report form annually (provided on issuance of this permit), and any reports or publications based on data collected under authority of this permit,with the Texas Parks and Wildlife Department, Wildlife Diversity Permits Section,4200 Smith School Rd.,Austin, TX, 78744,no later than fourteen days following the anniversary date of the permit (or the expiration date if the permit is due for renewal). YOUR PERMIT WILL NOT BE VALID UNLESS YOUR REPORT HAS BEEN RECEIVED. b. Carry a copy of this permit at all times when exercising the provisions of this permit, which shall be subject to inspection by any authorized enforcement officer of the Department upon request. c. Notify the Texas Parks and Wildlife Department Law Enforcement Office(s) in the region(s) of your field activities by telephone not less than 24 hours nor more than 72 hours prior to collection if collection techniques or devices being used are ordinarily classified as illegal (e.g. using gill nets or electro-shocking devices to collect fish, hunting/collecting along public roads and rights- of-way). A confirmed response from the local game warden is required prior to collection if the sampling activities being conducted involve methods of capture ordinarily classified as illegal. To determine appropriate regional office location and/or telephone number, please see http://www.towd.state.tx.us/warden/connectloffices. If the regional office(s) or telephone number(s) is unknown, the number(s) may be obtained at any time by calling a Parks and Wildlife Communication Center: Austin- (512) 389-4848;Houston-(281)842-8100. d. Dispose of protected wildlife taken under the authority of this permit in only one of the following ways: Page 2 of 4 Peacock,Gene Expires 01/10/2020 Educational Display Permit No.EDU-0117-008 (1). Kill and utilize by examination, experimentation, necropsy or dispose of as waste in accordance with state law and city or county regulations (burning is suggested if not in conflict with city,county or state regulations). (2). Hold permanently for scientific or educational purposes, or donate to another educational display, scientific, or zoological permit holder authorized to receive such specimens, with required specimen donation form provided by the Department.A copy of the completed form must be submitted with the annual report. (3). Donate edible portions of game species to charitable organizations, public hospitals, orphanages or indigent persons. Arrangements for donations are the responsibility of the permit holder. 14. PERMIT HOLDER IS PROHIBITED FROM: a. Selling or bartering specimens collected under the authority of this permit. Specimens may be donated to other permit holders by completing the receipt form enclosed with the permit. b. Collecting on private premises without prior written consent of the owner or operator of the premises. c. Collecting in a state park without a separate permit from the Texas Parks and Wildlife Department Natural Resource Program: email: david.riskmd 1pwd.texas.gov. d. Collecting in a wildlife management area without prior written permission from the area manager. e. Taking species listed by the department as threatened or endangered without express authority in paragraph 8 of this permit. 15. ADDITIONAL PROVISIONS: a. No hunting or fishing license is required for permit holders or individuals listed in paragraph 7 while conducting the activities expressly authorized by this permit.Each listed individual should carry a copy of this permit during collection activities, and a letter of permission from the permittee if working independently. b. This permit is subject to any applicable federal permit requirements.Where a federal permit is required,the permit holder is cautioned to carry a copy of the federal as well as the state permit during collecting activity. For information on the federal permit contact: U.S. Fish and Wildlife Service, PO Box 709,Albuquerque,NM 87103-0709. 16. PERMIT HOLDER'S ADDRESS FOR RECORDKEEPING PURPOSES: Gene Peacock Corpus Christi Museum of Science and History 1900 N.Chaparral Corpus Christi,TX 78401 §69.305. Facility Standards. (a)All live birds or animals possessed under an educational display permit,or under a zoological collection permit in a facility that is not accredited by the American Zoo and Aquarium Association shall be kept in enclosures meeting or exceeding the standards set forth in this section. Page 3 of 4 Peacock,Gene Expires 01/10/2020 Educational Display Permit No.EDU-0117-008 (b)The minimum cage sizes for mammals and reptiles shall be as follows.An enclosure for mammals shall add 30%of the minimum cage requirement for each additional mammal contained in the enclosure.For each: (1)pronghorn antelope--2,500 square feet x 8 feet in height; (2)deer--1,800 square feet x 8 feet in height; (3)desert bighorn sheep--500 square feet x 8 feet in height; (4)black bear-400 square feet x 12 feet in height; (5)jaguar--200 square feet x 8 feet in height; (6)fox--180 square feet x 5 feet in height; (7)wolf--150 square feet x 8 feet in height; (8)javelma--120 square feet x 5 feet in height; (9)other felines--100 square feet x 8 feet in height; (10)fur-bearing animals as defined by Parks and Wildlife Code, Chapter 71 (except fox)--72 square feet x 5 feet in height;and (11) all other mammals--24 square feet. (c)The minimum cage sizes for alligators shall be as follows.For each alligator: (1)the length and width of the cage shall be at least as long as the length of the largest alligator in the cage;and (2)for each additional alligator, an additional three square feet of enclosure space per foot of body length;and (3)there shall be access to pooled water sufficient to provide full immersion and dry land sufficient to permit complete exit from the water. (d)The minimum cage sizes for birds shall be as follows: (1)raptors(excluding eagles, screech owls, and kestrels)--10 feet x 10 feet x 12 feet; (2)eagles--20 feet x 40 feet x 12 feet; and (3)all other birds,including screech owls and kestrels--6 feet x 6 feet x 12 feet. (e)Enclosures must be constructed in such a manner that prevents escape. Enclosures housing birds must be lined with nylon or plastic netting. (f)A facility shall ensure that: (1)each enclosure is supplied with clean water at all times,except as medical circumstance dictates otherwise; (2)authorized personnel observe and provide care for birds and animals daily,except as specifically authorized by permit; and (3)all medical treatment of animals is performed in consultation with a licensed veterinarian. (g)The department at its discretion may inspect any facility at reasonable times to assess compliance with the provisions of this subchapter. Page 4 of 4 CE Page 1 of 1 SPECIAL PURPOSE POSSESSION DEAD MIGRATORY BIRDS FOR EDUCATIONAL USE Permit Number: MB11266A-1 of Effective: 06/22/2017 Expires: 03/31/2019 Issuing Office: Department of the Interior U.S. FISH AND WILDLIFE SERVICE Migratory Bird Permit Office P.O. Box 709 Albuquerque, NM 87103 Tel:505-248-7882 Fax:505-248-7885 Email: permitsR2MB@fws.gov ADMINISTRATOR, MIGRATORY BIRD PERMIT OFFICE-REGION 2 Permittee: CORPUS CHRISTI MUSEUM 1900 N. CHAPARRAL CORPUS CHRISTI, TX 78401 U.S.A. Name and Title of Principal Officer: GENE PEACOCK- EXECUTIVE DIRECTOR OF CCMSH Authority:Statutes and Regulations: 16 USC 703-712; 50 CFR Part 13,50 CFR 21.27. Location where authorized activity may be conducted: 1900 N. CHAPARRAL NUECES COUNTY; CORPUS CHRISTI TX Reporting requirements: ANNUAL REPORT DUE: 01/31 For Special Purpose Possession Annual Report see: http://www.fws.govlforms/3-202-5.pdf Conditions and Authorizations: A. General conditions set out subpart D of 50 CFR 13,and specific conditions contained in Federal regulations cited above are hereby made a part of this permit. All activities authorized herein must be carried out in accord with and for the purposes described in the application submitted continued validity or renewal of this permit is subject to complete and timely compliance with all applicable conditions,including the filing of all required information and reports. B. The validity of this permit is also conditioned upon strict observance of all applicable foreign,state,local,tribal,or other federal law. C. Valid for use by permittee named above. D. You are authorized to possess for conservation education purposes lawfully acquired dead migratory bird specimen(s), including parts,nests,and nonviable eggs. This authorization to possess migratory birds does not apply to bald eagles or golden eagles. E. Any person who is (1) employed by or under contract to you for the activities specified in this permit,or (2) otherwise designated a subpermittee by you in writing, may exercise the authority of this permit. F. You and any subpermittees must comply with the attached Standard Conditions for Special Purpose Possession Dead Migratory Bird Educational Use Permits. These standard conditions area continuation of your permit conditions and must remain with your permit. G. If applicable,prior to any permit activity,a current State permit must accompany the Federal permit. Please submit within 30 days,a copy of the State permit to permitsr2mb@fws.gov. FISH&W I nr.mc SERVICE a _ Standard Conditions Special Purpose Possession Dead Migratory Bird Educational Use Permits 50 CFR 21.27 All of the provisions and conditions of the governing regulations at 50 CFR part 13 and 50 CFR part 21.27 are conditions of your permit. Failure to comply with the conditions of your permit could be cause for suspension of the permit. The standard conditions below are a continuation of your permit conditions and must remain with your permit.If you have any questions regarding these conditions,refer to the regulations or,if necessary,contact your migratory bird permit issuing office. For copies of the regulations and forms,or to obtain contact information for your issuing office,visit:http://www.fws.gov/milzratolybirds/mbpermits.html. 1. The intent of this permit is wildlife conservation education. Your educational programs must include information about migratory bird ecology,biology,and/or conservation. 2. You must present a minimum of 12 programs that are open to the public each year. 3. You may not display any migratory bird specimen(s)in any manner that implies personal use. You may not use any migratory bird specimens to promote or endorse any product,merchandise,goods,services,business or organization except your own educational activities. 4. Whenever you exhibit any specimens,you must include either a written or verbal statement that your possession and exhibition of the migratory bird specimen(s)is by permission of the U.S.Fish and Wildlife Service. 5. You must obtain prior written approval from the migratory bird permit issuing office before you acquire, transfer,or dispose of any migratory bird specimen(s). 6. Any migratory bird carcass you send to a taxidermist must be returned to you. 7. A subpermittee is an individual to whom you have provided written authorization to conduct some or all of the permitted activities in your absence. Subpermittees must be at least 18 years of age. As the permittee,you are legally responsible for ensuring that your subpermittees are adequately trained and adhere to the terms of your permit. You are responsible for maintaining current records of who you have designated as a subpermittee, including copies of designation letters you have provided. Other individuals,including those under the age of 18,may conduct the permitted activities only if you or a designated subpermittee are present. 8. You and any subpermittees must carry a legible copy of this permit and display it upon request when exercising its authority. Subpermittees must also carry your written subpermittee designation letter. 9. Any migratory bird specimen(s)held under this permit remain in the stewardship of the U.S.Fish and Wildlife Service and may be relocated at any time for just cause. 10. You must maintain records as required in 50 CFR 13.46 and 50 CFR 21.27.All records relating to the permitted activities must be kept at the location indicated in writing by you to the migratory bird permit issuing office. 11. Acceptance of this permit authorizes the U.S.Fish and Wildlife Service to inspect any wildlife held,and to audit or copy any permits,books,or records required to be kept by the permit and governing regulations. 12 You may not conduct the activities authorized by this permit if doing so would violate the laws of the applicable State, county,municipal or tribal government or any other applicable law. (SPPSD- 12/3/2011) EXHIBIT E Collection Management Policy Corpus Christi Museum of Science and History 1900 North Chaparral Corpus Christi, TX 78401 Collection Management Policy PURPOSE OF THE MUSEUM The mission of the Corpus Christi Museum of Science and History is to present the story of the cultural crossroads of the New World. With a unique confluence of natural history, science, people and environments,the South Texas area has served as a stage for the ongoing discovery of the Americas. Through innovative programs in history, culture, and science, the museum is committed to enlarging a shared understanding of our history and heritage as well as the impact and importance of science to our lives. By telling this story, the Museum will inspire a thirst for knowledge, context, and understanding. Strategic Objectives To guide this mission the Advisory Committee adopted a series of Strategic Objectives: A. Corpus Christi Museum of Science and History will build programs around three basic themes: Humans, the Environment, and Science. 1. How have human migration, cultural encounters, and interactions shaped the unique human character of South Texas and, in turn, how has South Texas influenced the world? 2. How have environmental features and resources been linked to the human migrations, settlements, and physical exploitation of South Texas resources? 3. What does science tell us about the unique natural world of South Texas and how can we best conserve our unique resources? B. The Museum will collect and preserve unique specimens, artifacts, and ephemera which illuminate our three basic themes and support innovative programming. C. To create new knowledge, Museum collections and resources will be shared with the public and researchers. (Adopted by the Museum Advisory Committee - September 2005) 1 PURPOSE OF THE COLLECTION The Museum collects and preserves unique specimens, artifacts, and ephemera which illuminate our three basic themes and support innovative programming. To create new knowledge,Museum collections and resources will be shared with the public and researchers. Responsibility for the Collection The City Council established the museum: an administrative department responsible for the operation of the Corpus Christi Museum of Science and History as a scientific institution for information, education and recreation; and support services for the museum advisory board. (Code of Ordinances, CitX of Corpus Christi,Texas,Article III, Section 2-51) The City Council authorized the Advisory Committee to adopt comprehensive policies for acquiring,holding, and disposing of,by any legal means,real estate and personal property(collections)to further the purpose of the Museum. The Museum Advisory Committee consists of twelve(12)members appointed by the mayor with the advice and consent of the city council. The guidelines for selection of members and the terms of service are included in Code of Ordinances, Ci1y of Corpus Christi,Texas, Article IV,Division 5, Section 2-90. State laws pertaining to the operation of museums vest in the governing authority the power to acquire and conserve real estate and personal property under the following provisions: Article 4412a, Article 7150, Section 4 of Article 7150, Section 14 of Article 7150, Section 22A of Article 7150. (See attached "Laws of Texas Pertaining to Museums") The Advisory Committee recognizes the unique situation of its members and recognizes museum ethical standards in addition to those of the City. The responsibility for implementing collection management policies and developing appropriate procedures rests with the Director,who has delegated the following duties and responsibilities: The Collection Manager is responsible for supervising all aspects of collection care and collection inventories. He/She is responsible for managing acquisitions, accessions, and standardization of the collection catalogue. It is the Collection Manager's responsibility to maintain cleanliness in all collection areas and to monitor environmental conditions. It is also his/her responsibility to work with adjunct and honorary curators and ad hoc collection committees to establish object conservation priorities and to pursue grant funding that will benefit the collection. Honorary curators,adjunct curators, and collection committee members are appointed by the director to assist him/her in the development of collection plans,policies, and procedures. They may also be asked to give advice on acquisitions,deaccessions, and conservation practices. Honorary curators, adjunct curators, and collection committee members are privileged to perform collection based research and conduct educational classes utilizing the collection. It is expected that,through their activities,the collections might become more publicly accessible. The Registrar is responsible for accessioning new acquisitions,processing deaccessions, and performing ongoing inventories of the collection. The Registrar is also responsible for maintaining all written records for the collection,including loan documentation. The Registrar will report to the Collection Manager any collection management practices deemed substandard,ill-advised,or improper. The Librarian is responsible for supervising all aspects of collection care for the library, archival, 2 and photographic collections. He/She is also responsible for managing the acquisition and accession processes and managing the standardization of the library collection catalogue. The Librarian is responsible for supervising the ongoing collection inventory and making conservation recommendations. ACQUISITIONS Scope of the Museum Collection The early years from its founding as a Junior Museum in 1957 to its transforming to a collecting institution were fairly open ended. In 1961,the Board voted to change the name from the Junior Museum to the Corpus Christi Museum. When it became clear that a broader base of support was needed,the City agreed to help fund the Museum. The growth of the collection accelerated thereafter under a mission that was very broad in scope. • The primary purpose of this Museum is to contribute to the understanding of man's place in the world of nature and to impart this knowledge to the public." However,after a new director was hired in 1985 the Advisory Board was asked to provide some guidance for management of collection acquisition and development of exhibits and programs. By this time the scope of the collection was broad and the collection largely uncataloged. Some policy guidance was needed. • "The Corpus Christi Museum is an educational institution that collects and preserves objects and artifacts representing natural and cultural history and uses these collections to contribute to the enjoyment and understanding of man's place in the world of nature and to impart this knowledge to the public. The museum does research based on its collection,offers education and arts programming and provides a facility for a center of learning." (Adopted: 8/1/1985) This new mission provided a description of the broad range of collecting,programming, and exhibitry that had developed over the formative years. It also gave definitive direction to staff that the Museum was to continue to develop as a collection centric institution. The Museum's first collection management policy was adopted in 1987. This drove the expansion of staff,development of exhibits and programs, and the expenditure of resources. However,the director returned to the Advisory Board requesting that they give consideration to narrowing the scope and providing staff with a more focused direction. • "The Corpus Christi Museum of Science and History collects and preserves natural and cultural history objects with emphasis on South Texas and its place in the world. It presents educational exhibits and program to encourage learning related to its collections." (Adopted November 12, 1990) By narrowing the scope to south Texas,the growth of the collection could be more focused and a deaccession program initiated. The backlog of cataloging for natural history specimens was gradually erased while the backlog of history collection cataloging remains about 50%. The use of the collection for educational purposes remained limited and the public acceptance of and interest in the display of systemic collections diminished, as reflected in 15 years of decreasing attendance. This prompted a revision of the mission in 2005 to one that removed collecting as an explicit mandate of the mission. Under the present mission the Museum collects to illuminate three basic exhibit themes and to support innovative programming. Museum collections and resources will be shared with the public and researchers to create new knowledge. Responsibility for Acquisitions This change has driven a reprioritizing of staff resources. In 2005 there were five individuals 3 whose primary functions were collections based while two people were focused on programming. That changed in 2006 with only two staff positions with collection based primary functions and five staff positions which are focused on programming. Clearly we are no longer interested in building a collection. Rather we are focusing our collection on current needs. Aspiring to become the best possible museum requires a practice of acquiring the best available objects that are needed to"illuminate our three basic exhibit themes and support innovative programming." Considerations for Accessioning Decisions 1. Care—Are there resources for providing proper storage,management, and care of the acquisition without compromising the rest of the collection? 2. Condition—Is the acquisition in good condition? Will it take a large amount of resources to stabilize or restore it? Is it so badly damaged that it will soon be worthless? 3. Cost of upkeep—Is the cost of keeping the acquisition equal to the benefits of having it in the collection? 4. Duplication—Does the acquisition duplicate something that is already in the collection? 5. Documentation—Is the documentation adequate to establish the significance of the acquisition to the museum? 6. Legal —Will the museum be able to secure clear and legal title to the acquisition? 7. Legalily of acquisition—The museum is responsible for making sure that everything it accessions was legally obtained,exported, and imported. (Otherwise the museum probably will not be able to claim ownership of the acquisition.) 8. Potential use—Is the acquisition likely to be used for research,reference,loan,exhibition, education,or exchange? Is it an object,artifact,or specimen that is a voucher(an example or proof)for research or other scholarship activity? 9. Provenance—Is the provenance established and adequately documented? 10. Public relations—How will the addition of this acquisition affect the museum's image? Will it attract visitors or damage public support? 11. Purchase price—Is the purchase price in line with current market values? 12. Relevance—Is the acquisition relevant to the mission and the scope of collections? 13. Restrictions—Is the acquisition free from restrictions on ownership,intellectual property rights,copyright, and trademark? 14. Safety and segprin —Will the acquisition compromise the safety or security of the staff or visitors? Will the acquisition require expensive safety measures to protect? 15. Scone—Does the acquisition fit the scope of the collection(geographic, subject,temporal, and use)? 16. Special considerations—Are there extenuating circumstances or conditions that affect the decision to acquire or not acquire the acquisition for the collection? COLLECTION DESCRIPTION A. Scientific Specimens The Museum collects scientific specimens representing the environment of South Texas. It also collects relevant comparative specimens from other geographic regions in order to aid in research, identification,exhibits, and education programs. The collection includes type and voucher specimens used as the basis for published scientific research. The Collection Manager is responsible for collection care. Specimens are used in exhibits and educational programs that are compatible with their preservation. Access to the collection may be allowed to interested visitors at the discretion of the Collection Manager. Access to all information relating to the Museum collection(except donor records) 4 must be made publicly available. Unaccessioned specimens may be used in educational programs. These are stored in more accessible areas and are considered expendable. The Collection Committee seeks specimens that are needed for the collection and meet the collection criteria. With the approval of the director,they may be acquired through field expedition, donation,bequest,or purchase. The Collection Manager coordinates specimen preservation and conservation sets standards in the use and care of the natural history objects. Specimens must have been collected and/or imported with full knowledge and permission of the country or state of origin, and in compliance with U.S. and Texas laws. (Reference IUCN Red Data Books, U.S.Fish and Wildlife Service Regulations,Texas Parks and Wildlife Code.) The Collection Manager acquires and maintains the necessary municipal, state, and federal permits to allow the Museum to hold these collections legally. The permits should all be issued in the name of the Museum Director. B. Cultural Artifacts The Museum collects artifacts representing the history and culture of the people of South Texas. The Collection Manager is responsible for collection care. Artifacts are used in exhibits and educational programs that are compatible with their preservation. Access to the collection may be allowed to interested visitors at the discretion of the Collection Manager. Access to all information relating to the Museum collection (except donor records)must be made publicly available. Non accessioned artifacts may be used in educational programs. These are stored in more accessible areas and are considered expendable. The Collection Committee seeks artifacts that are needed for the collection and meet the collection criteria. With the approval of the director,they may be acquired through donation,bequest,or purchase. The Collection Manager coordinates artifact preservation and conservation and sets standards in the use and care of the cultural collections and exhibits. Artifacts must have been collected and/or imported with full knowledge and permission of the country or state of origin, and in compliance with U.S. and Texas laws. Cultural properties from outside the United States offered as a donation must be accompanied by a signed and notarized statement from the donor attesting to clear title. (reference: U.S. Customs Laws,National Stolen Property Act,Pre-Columbian Statute of 1972, and Cultural Property Implementation Act of 1983.) C. Special Collections 1. Live animal specimens, acquired by donation,field expedition,or purchase. The live animal collection is cared for and disposed of at the discretion of the Museum Educator. Clear title must be established before any specimen is accepted and it must comply with all municipal, state and federal laws regarding plants,fish and wildlife. Specimens in this collection are not accessioned, although donations are acknowledged. All live animals have a limited life span and are,therefore,considered expendable. 2. Las Doiias de la Corte gowns represent a tangible aspect of Buccaneer Days, an annual event with community-wide impact. They chronicle the history of this event and are interesting exhibit pieces. Examples may be added to the Museum collection. 3.Fine art objects may be collected to represent the cultural life of the people of South Texas as well as those works that represent the aesthetic vision of contemporary South Texas artists. The Museum will acquire artwork from living artists currently residing in the Corpus Christi area at the discretion of the director. Artworks will be used decoratively at the Museum and may be loaned for extended periods for 5 display at public venues that are not museums. 4. Oral history interviews may be taped with citizens on the subject of Corpus Christi history. Oral history tapes are for educational purposes to be used by Museum staff and its associates. The wishes of the interviewed person will be respected regarding privacy of contents of the tape. No copy for third parties will be made unless permission is obtained in writing from the person interviewed. The person interviewed may request a copy of their own tape. The price of this copy will be the price of the tape. After the death of the person interviewed,the tapes will be considered released as to privacy. If the family of a person who passed on requests a tape and none has been made before,one copy will be made for the price of the tape. Although the tapes are not produced for"public" use,the Museum Auxiliary will make copies for responsible parties. A donation of$25.00 to the educational fund of the Auxiliary is requested for the task. The information contained in each tape is considered property of the Museum. No public use may be made of it. Educational use,in a classroom situation,is allowed. 5. Repository objects not belonging to the Museum may be accepted for long term storage and curation. The Museum is the marine archaeology repository for the State of Texas. The Museum Archaeologist is the curator of this collection although care is the responsibility of the Collection Manager. Adequate funds to provide for the care of the objects for the term of the repository agreement must come with the collection and the director must give his approval. An agreement for state-associated held-in- trust collections must be concluded that identifies the agency, institution, objects/collections/documents, and housing/curation criteria for which stewardship is transferred. This Held-in-Trust agreement is made when stewardship of collection is transferred from THC to curatorial facility. Allpaper records for state- associated objects are kept in a secure record storage room. All electronic records are stored on the city servers at City Hall and backed up once a week on an external hard drive. An annual report of all activity with state-associated collections will be submitted to THC. D. Library Collection The library is maintained as a non-circulating reference collection of books,periodicals, and other materials for use by the museum staff. Visitors may be allowed use of the library with permission of the director. The material contained in the library relates to the collection and interests of the Museum. The Librarian is responsible for care of this collection. Staff is encouraged to submit requests for the purchase of material that will enhance knowledge in their area of expertise. Books are acquired by purchase or donation. Materials are purchased only with approval of the director.Materials in this collection are not accessioned, although donations are acknowledged. Library materials are subject to continued use and by their nature might be outdated by new information. These materials are considered expendable and may be disposed of at the discretion of the director. E. Archives Collection The Museum collects archival materials,including photographs that represent the cultural history of the people of South Texas. These materials are generally not stable enough for use in exhibits,but copies may be used in exhibits or for other educational purposes. Interested visitors may be allowed access to this collection at the discretion of the director. These materials are accessioned and are the responsibility of the Museum Librarian. Items may be added to this collection at the discretion of the director. 6 DESTRUCTIVE ANALYSIS Destructive analysis is defined as an activity that alters the appearance or condition of an object. Destructive Analysis of repository objects may only be done with the permission of the Texas Historical Commission,or the agency to which the object belongs. Prior to the analysis, a research proposal must be submitted to the Museum for evaluation that includes research goals and objectives, qualifications of researcher, and specific samples or objects to be sampled. The loans will be made to the institution with which the researcher is associated. If the proposal is for state-associated held-in-trust collections and is rejected, an appeal can be made to THC. Destructive analysisy be warranted if the following conditions prevail: 1)The object to be analyzed is not unique within the Museum collections. 2) Sacrificing the object or a part of the object will benefit science or will improve the Museum's conservation efforts. 3)The proposed analysis is highly likely to produce useful results and the institutions or individuals who perform the analysis are competent. 4)The analysis will be performed in a timely manner. 5)Results of the analysis will be published in a scientific journal in a timely manner. 6)The Museum Director and the owner of the object approve the analysis(if it is part of a repository collection). An object may be considered for destructive anal.. sem£ 1)The analysis will contribute to the development of more effective conservation techniques. 2)The analysis will provide answers to historical,archeological,or scientific questions that can be answered no other way. 3)The artifact is not unique. Once an object has been selected for destructive analysis the following documentation procedures will be used: 1)The object will be thoroughly recorded with respect to its shape, size,mass, special markings, etc.,prior to submission for destructive analysis. The due dates of the loan will be tracked and extended or recalled/returned as appropriate. 2)New records and results of analysis will be appended to the existing accession files. 3)Copies of all resulting articles will be filed in the Museum library. 4) The object will not be deaccessioned. 5)All unused portions will be returned to the curatorial facility. DEACESSIONS AND DISPOSAL I. Introduction For most of its history the collection of the Corpus Christi Museum of Science and History was considered the core of the Museum and the purpose and the reason for its existence. In 2005 a new mission statement was adopted which removed collecting from the mission of the Museum and made it a strategic objective to support the mission. Strategic Objective B. The Museum will collect and preserve unique specimens, artifacts, and ephemera which illuminate our three basic themes and support innovative programming. Strategic Objective C. To create new knowledge,Museum collections and resources will be shared 7 with the public and researchers. There was no intention through this action to diminish the Museum's responsibility to care for the collection,but there certainly was the intention to limit the growth of the collection and to eliminate it as the central focus of exhibits and programs. Deaccessioning is the formal process used to legally and permanently remove an accessioned object from the collection. Disposition is the manner in which the Museum transfers a deaccessioned object to a new owner or destroys it. The removal of any accessioned object from the collection is a sensitive and potentially controversial issue. Because the Museum's collections are held in public trust,the Advisory Committee and staff of the Museum are under particular scrutiny when deaccessioning an object. Deaccessioning can strengthen the collection,improve management of the collection, and save money which can then be applied to acquisitions. A strong policy and sound practices are important in order to preserve the reputation of the Museum and avoid claims on other objects from heirs,estates,or sellers. An attorney's opinion should be sought on any deaccession thought to be controversial. The deaccession process, once begun, should be completely public. Because the collections of the Museum are held in public trust,it is useful to note Article 4412a. of the Laws of Texas Pertaining to Museums. The Attorney General of Texas has specific authority to take legal action to protect and preserve items of property held in "public trust," that is, for the use and benefit of the public. The statute covers any corporation,trust,community chest,fund, foundation,or other entity which is organized for charitable, scientific,philanthropic, "or other civic or public purpose." This broad definition includes museum collections. II. Authority and Responsibility Any member of the Collection Committee may recommend that an object be considered for deaccession. The deaccession process is initiated by submitting a Deaccession and Disposal Record form to the Collection Manager. The Collection Manager is responsible for confirming clear and unrestricted title to objects proposed for deaccession as well as checking for any restrictions,legal issues,or ethical concerns affecting deaccession or disposition. The Collection Committee reviews the proposed deaccession based on the Museum's purpose, scope of the collection, and guidelines covered in this policy and makes a recommendation to the Director who will then approve or deny the proposed deaccession and disposal method. Deaccessions and disposals approved by the Director are brought before the Museum Advisory Committee for final approval. III. Guidelines for Deaccessions Before approving any object for deaccession,clear and unrestricted title to it must be established. See applicable sections of this policy for more information regarding clear and unrestricted title. No object may be deaccessioned in order to provide funds needed for the operation of the Museum. Proceeds from the disposal of an object must be used for collection acquisition. Objects proposed for deaccession will be evaluated based on the Museum's mission, scope of the 8 collection, and guidelines as outlined in this policy. An object may be deaccessioned for the following reasons: 1. To remove an object that that no longer falls within the Museum's mission,purpose,or scope of collections; 2. To remove an object that is sufficiently represented by duplicates in the collection or has been replaced by a superior example; 3. To remove an object that is inferior,determined to be unauthentic,or has critically inadequate or absent provenance documentation; 4. To remove an object which has suffered damage or deterioration beyond the point at which reasonable and affordable measures could be taken to preserve it; 5. To remove an object that is unlikely to be used in exhibits,programs,or research in the foreseeable future; 6. To remove an object that is potentially hazardous to objects in the collection or human health and safety; 7. To transfer to another museum,or educational institution, an object that is deemed to be significantly more useful and relevant to the collection of the other institution than that of the Museum; 8. To carry out a mutually beneficial exchange of objects with other museums or educational or scientific institutions; 9. To formally document the removal of an object that has been lost or stolen; 10. To comply with any legal statutes or court rulings; 11. To accomplish any other purpose deemed by the Museum Advisory Committee to be appropriate within the spirit of this policy,the Museum's mission, and applicable law. Reposited collections are not owned or accessioned by the Museum and,therefore,cannot be deaccessioned by the Museum and are not covered under this deaccession policy. Only the Texas Historical Commission has the authority to deaccession state-owned held-in-trust collections. Other repository collections may only be deaccessioned by the repositing agency. For information regarding deaccession and disposal of repository collections, see the Reposited Collections section in this policy. Natural History pecimens have been brought into the Museum as part of field collecting by curators, honorary curators,research scientists,or citizens. These field collections are evaluated and significant specimens are catalogued. Specimens from these field collections are considered accessioned at the time of cataloguing. Therefore, specimens from field collections that have not been catalogued are not considered accessioned and may be disposed of during evaluation without being deaccessioned. Reference materials for the Museum's library have occasionally been accessioned in the past. Current policy dictates that the Museum does not accession library reference materials. For the purpose of documentation and consistency,reference materials that were accessioned will be properly deaccessioned and disposed of according to this policy and supporting procedures. Reference materials that have not been accessioned are considered general Museum assets and may be disposed of without deaccessioning. Education collections were maintained in the Museum's past. This practice was primarily followed with Natural History specimens. The objects so classified hold little or no monetary, scientific,or historic value. The Museum no longer maintains separate education collections. Objects that were accessioned but marked"education collection"are considered part of the collection and must be properly deaccessioned and disposed of according to this policy and supporting procedures. Objects that were not accessioned and were marked"education collection"are not part of the collection and not subject to deaccession. However, 9 disposal of these objects must be carefully considered because of the similarity to accessioned objects. Objects under this circumstance will be brought before the Collection Committee for careful consideration. The Director will make the final decision regarding disposal. Live animals are a special collection under the care of the Museum Educator. The collection is not accessioned and is exempt from this deaccessions and disposal policy. See the special collections section of this policy for information. IV. Disposal of Deaccessioned Objects Deaccessioned objects are removed from the collection by means of sale,exchange,donation,transfer,or destruction. The sale or disposal of surplus property from Museum collections is exempt from the provisions of City Ordinance Code Sections 17-4 by Ordinance 19350. Disposal of any deaccessioned object will be carried out in accordance with all applicable federal, state, local, and international laws,treaties, and regulations including but not limited to laws protecting Plant and Wildlife,Antiquities, and Historic Properties, and the Import,Export, and Transfer,of Cultural Property. The Collection Manager is responsible for fully documenting disposal of objects covered under laws as outlined in procedures. Applicable ethical standards will be considered in disposal decisions including those established by the American Association of Museums and the Society for American Archeology. In disposing of objects by exchange or donation,the Museum becomes associated with the receiving institution. The practices of the receiving institution will be considered to prevent the Museum from becoming associated with unethical practices. Deaccessioned objects will not be sold,or ownership otherwise transferred,to Museum staff,City of Corpus Christi employees,volunteers,members of Museum support groups,members of the Museum or City's governing authorities,or representatives or family members of these individuals. A. Disposal by Sale Net proceeds received from the sale of deaccessioned objects will be used only to acquire new objects for the collection. If there is any question as to the value of an object,the Museum will get two informed outside appraisals on the object. These should document the object's authenticity and assure that the Museum does not accept less than market value for the object. Disposal of objects from the collection will never be through the Museum shop,or in such a manner that it involves an interested entity helping in the liquidation of Museum assets. The disposal by sale of any deaccessioned object requires the following process: L The Director will propose that deaccessioned objects from the Museum collection be declared surplus and request,in writing, a recommendation of the Museum Advisory Committee. 2. The Museum Advisory Committee must approve the Director's recommendation for disposal by sale. 3. The Director of Finance will be notified by the Museum Director after the Museum Advisory Committee approves the disposal by sale. 10 4. The Director of Finance will make provisions such that proceeds from the sale will be placed in a Collections Fund of the Museum Foundation which is dedicated to acquisitions to the collection. B. Disposal by Exchange or Donation Deaccessioned objects may be disposed of by exchange with,or transfer to, another appropriate museum,educational,or scientific institution. Deaccessioned objects will never be exchanged or donated to private individuals. Deaccessioned objects may only be transferred to private individuals through sale as outlined in this policy. C. Disposal by Transfer Deaccessioned objects may be transferred to the Museum's education department for use in educational programs. Objects subject to this action should have little or no market value,or historic or scientific significance. Any deaccessioned object transferred to the education department will be removed from collection storage,quarantine,or work areas. The object must be stored in an area dedicated to educational supply storage. The object is considered expendable and is no longer covered under this policy. V. Guidelines for Donor Notification One of the crucial components in the deaccession process is the Tax Reform Act of 1984. Under its provisions,if the museum disposes(by sale,exchange,or any other method)of a donation within two years of a donation,the museum is obligated to notify the donor and the IRS by filing form 8284. This provision applies if the donor has claimed a charitable deduction under Section 170 of the IRS code of more than $5,000 for either a single item or an aggregate of items donated to one or more institutions. The Act requires that if the value is more than $5,000,the donor must supply an appraisal summary to the museum. The museum is subject to a$50 fine if the preceding is not adhered to. Once the Museum establishes its clear and unrestricted title to an object,the donor has no legal interest in it. If a deaccession no longer falls under the statute of limitations of the Tax Reform Act of 1984,it is then only a practice of goodwill to notify the donor or heirs of the disposition of a collection or object. It is possible to label the funds or new acquisition purchased with those funds as a gift from the donor. Appropriate action will be considered by the Museum Director on a case-by-case basis. VI. Required Documentation The Collection Manager,with delegation of duties to the Registrar,is responsible for ensuring all proposed deaccessions and disposals are properly documented in accordance with this policy and the supporting procedures. A complete record of each deaccession,including a complete Deaccession and Disposal Record form, and all supporting documentation of will be kept permanently in a secure storage room. 11 LOANS Whether objects are being brought into the Museum(borrowed)or sent out of the Museum (loaned),they are loans and subject to the laws pertaining to bailment. The Collections Committee must approve all conditions and terms associated with loans. The Corpus Christi Museum of Science and History Collections Committee is composed of the Museum Director,the Collections Manager, and Librarian and other individuals as appointed by the Director. The Executive Director of the Texas Historical Commission or his designee is included as a member of the Corpus Christi Museum of Science and History Collections Committee in all matters pertaining to the use of the La Belle Collection. Incoming Loans When an object is brought into the Museum,the lender is the bailor(the giving one) and the Museum is the bailee (the one receiving). A)The general rule is that any object taken into the custody of the Museum should receive care equal to or better than that devoted to objects in the Museum permanent collection. It should be carefully packed and transported,proper security and climate control should be provided and, above all,it should be accompanied by proper documentation. B)Any appropriate owner may be asked to lend an object to the Museum. The Collection Manager with the approval of the Collections Committee initiates all loans. The Collections Manager is responsible for the care and security of the object during the period of the loan and securing insurance coverage prior to the loan. C)The Collections Manager is responsible for documentation of loans(both outgoing and incoming) including the completion,execution, and distribution of all forms. The Collections Manager is responsible for packing,transport, and registration of the object. Details concerning handling,transportation, and care must be approved by the Collections Committee. D)There is a single loan form for both incoming and outgoing loans, and all such actions must adhere to the conditions and terms as stated on this form. The lending institution's loan form may be used with the concurrence of the Collections Committee. E) No loans will be accepted except for special exhibits and research. The loans should serve a public purpose. In carefully considered cases,there may be exceptions but only with the formal agreement of the Museum Advisory Committee. F)Photographs of the object may not be taken without permission of the lender. G)Loaned objects may not be loaned,assigned,mortgaged,claimed,or in any way encumbered by the borrower. H)Objects may be taken into the Museum for a very short term for study,identification,attribution or evaluation. Only the Director or Collection Manager may accept objects for this purpose. Under this policy: 1)Objects may never be appraised by Museum staff members. 2)The Collections Manager supplies a receipt of delivery which outlines the terms of this special type of loan. 12 3)The Museum and its employees are held blameless in the event of loss,damage or deterioration of the item(s). 4)Any item(s)not claimed within 30 calendar days becomes the property of the Museum. 5)In cases where the owner is unknown,public notice must be given before the item is accessioned. Only the Advisory Committee,with the advice of legal counsel,may approve the accession of such unclaimed loans. 6)Proper notice will be given to owners in cases where the owner is known. This will notify them that the Museum will claim the item unless it is removed from the Museum premises. 7)Until the item is retrieved,it will be stored and maintained at the owner's expense. I)No commercial exploitation of the fact that the object has been exhibited by the Museum may be used. This is to offset objects being sold or auctioned at higher prices because of their selection for a Museum exhibition. J)No employee of the Museum or member of the Advisory Committee may lend an item to the Museum without public discussion and approval by the Advisory Committee. This is to avoid any appearance of self-dealing. Outgoing Loans When an object is lent out by the Museum (Outgoing Loan), the Museum is the bailor(the giving one)and the borrower is the bailee(the one receiving). The purpose of loans shall be to reach a wider audience and facilitate research. While on loan,objects must be afforded a level of care and protection as provided by and subject to the written approval of the Collections Committee. Loans for exhibit purposes are made to a qualified institution and that institution shall assume responsibility for the proper administration of the loan and the care and security of the object(s). Loans for research purposes are made to a qualified institution with which the researcher is affiliated and that institution shall assume responsibility for the proper administration of the loan and the care and security of the object(s). A)The collections of the Corpus Christi Museum of Science and History,including Texas Historical Commission collections, are held in public trust and maintained for the benefit of the people of Texas. Loans are made only to qualified institutions consistent with this policy. Loans of La Belle artifacts must be approved by the Collections Committee with a written affirmation by the Executive Director of the Texas Historical Commission or his designee. B)To assure objects for loan receive proper care and security,the requesting institution must present for approval of the Museum Collections Committee,verification of proper environmental, storage,exhibition, and security conditions and procedures for the handling and transit of objects. To this end,the requesting institution will complete a Revised Standard Facility Report as adopted by the Registrar's Committee of the American Association of Museums. On-site inspections by Museum staff may be required prior to agreeing to a loan of objects. The requesting institution should have a trained registrar,curator,or director to check inventory and prepare condition reports on materials borrowed.Following American Association of Museums and Accreditation and Review Council Guidelines,the requesting institution should have environmental controls and a fire marshal-approved fire suppression system.For exhibit loans,the facility should have standard museum security including: 1)Monitored ingress and egress, 13 2)Personnel circulating in the exhibit space with responsibility for security while the facility is open to the public, and 3)An electronic intrusion alarm system monitored by a certified central station or local law enforcement when the museum is closed, 4) Or a 24-hour security guard on duty beginning with the unloading and installation of exhibit materials. A request for any variation in the above conditions must be made in writing by the institution for review by the Collections Committee. The request must include evidence of an acceptable arrangement to safeguard the stability and security of the loaned objects. Exhibition or research conditions shall be a part of the loan contract and evidence of adherence may be required. The use of the object(s)for the stated purpose must be adhered to by the borrowing institution. Packing and transportation methods are stated on the loan contract. The object(s)must be packed and transported in the safest possible way in accordance with the nature and condition of the object(s). C)The Collections Manager is responsible for ensuring that a Condition Report is completed on objects prior to out-going loans and after the loan is returned to the Museum.All objects are catalogued before they are loaned. A Condition Report is required of the borrowing institution upon receipt of the loaned objects and prior to packing for return to the Museum. A copy of the Condition Report must be provided to the Museum. Damage or loss of objects while in transit or during the loan period must be reported verbally to the Collections Manager within 24 hours of the discovery of the loss followed by a written report detailing the extent and circumstances of the loss within two business days. Objects on loan cannot be altered,cleaned,or repaired unless permission to do so in writing is provided by the Collections Committee prior to any action being taken. D)Fine arts insurance for all objects sent out on loan is required. Insurance coverage shall be provided by the borrowing institution,unless the institution provides an acceptable bond. Current and reasonable insurance valuations are the responsibility of the Museum. With regard to the La Belle collection, further approval of the Executive Director of the Texas Historical Commission or his designee is required. Under most circumstances,insurance is"fine arts,all risk,wall-to-wall"coverage and shall remain in effect throughout the duration of the loan. The required amount of insurance depends on the artifacts loaned. A certificate of insurance or acceptable bond is required from the borrowing institution prior to transportation of the loaned object and is kept on file at the Museum with a copy provided to the Texas Historical Commission for La Belle artifacts. 1)The Museum shall be named as an insured parry in the policy and the policy shall provide that notice shall be given to the Museum ten business days prior to cancellation or reduction in the amount of the policy. The Texas Historical Commission shall be named as an insured party in the policy in the case of La Belle artifacts. In the event of cancellation or reduction of the insurance, the loan will then be subject to cancellation. Failure to maintain adequate insurance coverage in no way releases the borrowing institution from liability for loss or damage regardless of whether or not the Museum monitored the borrowing institution's insurance. 2)If a self-insured local, state,or federal governmental agency requests the loan or if the borrowing institution is unable to provide insurance, a request for an exception must be made in writing by the institution for review by the Collections Committee. The request must include evidence of an acceptable plan of self-insurance or other arrangement to satisfy any liability that might result from a loss under the terms of this Agreement. 14 E)An object(s)on loan must be returned promptly when the loan period expires. As appropriate, a reminder letter may be sent by the Museum to the borrowing institution. The Museum reserves the right to cancel or deny the renewal of any loan. The Museum will provide appropriate information and review and approve all text and labels relating to the exhibit of the loan in order to ensure accuracy and consistency in interpretation. Any changes must be approved in writing by the Collections Committee. The object(s)on loan must be available for research purposes at all times. F)The borrowing institution has two working days to challenge the description of the items loaned. These challenges are subject to negotiation. After two working days,however,the borrowing institution must comply with the physical description. G)Except for condition reports, all photography,reproduction,or replication of a borrowed object(s) requires prior written approval by the Collections Committee. Lighting conditions,environmental and/or applied chemical alterations, and other conditions of reproduction and replication must be approved in writing by the Collections Committee. Photographs,reproductions, and replicas may only be used for research,exhibition, and educational purposes. Commercial use of loaned objects is prohibited. H)With regard to the La Belle collection,the Texas Historical Commission and State of Texas must be credited in a suitable manner in all publications and exhibitions associated with the loaned object(s), including photographs and reproductions, and must receive two (2)copies of any news and other publication associated with the loaned objects. Other collections may require specifically worded credit lines. Otherwise the credit line should read,"From the Collections of the Corpus Christi Museum of Science and History,Corpus Christi,Texas." I) There is a single loan form for both incoming and outgoing loans and all such actions must adhere to the conditions and terms as stated on this form. Loan Contract Conditions 1)The Borrower agrees to abide by the guidelines for loans set forth below. This Agreement must be signed before any objects will be transferred to the Borrower. These conditions may be changed only in writing and with the approval of the Collections Committee of the Corpus Christi Museum of Science and History. Applications for change must be made through the Collections Manager of the Museum. 2)The Museum reserves the right to recall the loan by written notification at any time if these conditions are not met, and is not liable for any consequential damages resulting from such action. The Borrower has ten working days to comply. 3) Loans are made only to qualified institutions,not to individuals. Loans are made to the institution with which the individual is affiliated and that institution assumes responsibility for the proper administration of the loan and the care and security of the object(s). 4)Objects on loan may not be altered or modified in any way,except as stated in the purpose of the loan (e.g.,destructive analysis) and as approved in writing by the Collections Committee. For a destructive analysis loan,if portions of the original object are not destroyed during the analysis,they must be returned. 5)The Borrower will exercise due care in the custody,handling,transport,unpacking, and repackaging of the loan. 15 6)Upon unpacking,the Borrower will immediately acknowledge receipt of the loan by signing and returning a copy of the inventory and receipt that will accompany the shipment. A copy is to be retained by the Borrower. 7)For return,the loaned object(s)must be packed in the same or better manner as received and with the same cases,pads, and packing materials,unless damage has occurred,in which case replacement or substitution can be obtained with permission of the Museum. Handling and shipping of the loan will be at the Borrower's expense. 8)The Borrower agrees to provide insurance,or provide a bond, acceptable to the Museum. Insurance is fine arts, all risk, and"wall-to-wall". A Certificate of Insurance or acceptable bond must be received by the Museum before the loan is placed in transit. The Museum(or,in the case of La Belle artifacts,the Texas Historical Commission)shall be named as an insured party and the insurer must be required to notify the Museum prior to cancellation or reduction of the amount of the policy. 9) The Borrower must maintain constant and adequate protection of the loaned object(s)to minimize the risk of theft or damage from handling. The Borrower also must maintain constant and adequate protection of the loaned object(s)from the hazards of fire and flood,exposure to harmful light levels,extremes of temperature and relative humidity,pest attack, and harmful atmospheric conditions. 10)Any changes in the condition of the loaned object(s),loss,theft,or damage to the loan in transit, during storage,or exhibit must be reported within 24 hours of discovery to the Collections Manager(361- 8264659). A written condition report, and photographs,if requested,must be sent to the Museum within 72 hours of the discovery of the loss,theft,or damage. 11)In the event of damage to the loaned object(s)during shipping or while in the custody of the Borrower, the Borrower is responsible for all conservation costs necessary to return the loaned object(s)to their undamaged condition,if possible. The Museum may,in its sole discretion,determine that an object is damaged beyond repair and may select an alternative remedy. 12)The lender is secured and held blameless from all losses,claims, actions,liabilities, damages,costs, and expenses(including attorney's fees and costs)arising from,or in connection with, a loan agreement. 13)The loaned object(s)must not be photographed, filmed,televised,or otherwise reproduced individually without the express,written prior consent of the Collections Committee of the Corpus Christi Museum of Science and History,with the exception that general views of an exhibition may be taken for publicity or documentation purposes. 14)The object(s)must be available and accessible to the Museum at all times for research purposes. 15)The Borrower shall ensure that all loaned object(s)on exhibition and/or in publication are identified as the property of the Corpus Christi Museum of Science and History or other credit line as stipulated in the loan agreement. 16)The Museum will review and approve all text and labels relating to the exhibit of the loan in order to ensure accuracy and consistency in interpretation. Any changes to the text must be approved in writing prior to exhibition. 16 17)The Borrower must provide two copies to the Museum of any news and other publications resulting from the exhibit or loan research on the objects. 18)Third party loans are prohibited. Any third party wishing to borrow objects on loan must contact the Museum in order that a separate loan contract may be developed and subsequently approved by the Collections Committee. Loaned objects may not be assigned,mortgaged,claimed,or in any way encumbered by the Borrower. 19)Transportation of loaned object(s)from one institution to another is prohibited. The borrower must return the loaned objects to the Museum prior to being loaned to another institution. 20)This loan agreement is in effect from midnight on the specified beginning date to midnight on the specified due date. The maximum loan period is one year,but may be reviewed and renewed annually. 21)The object(s)loaned to the Corpus Christi Museum of Science and History must be promptly reclaimed. Under State Law a lender is considered to have donated loaned property to a museum if the lender fails to file an action to recover the property on loan to the museum within two years. 22)No commercial exploitation of the fact that the object has been exhibited by the Museum may be used. This is to offset objects being sold or auctioned at higher prices because of their selection for a Museum exhibition. 23)In the event of any conflict concerning this contract,this contract will be construed in accordance with the laws of the State of Texas. Venue for any action resulting from this contract shall be in Nueces County,Texas. 17 MUSEUM ETHICS POLICY "Corpus Christi,The City of choice where we make it happen." This vision statement was developed by the executive team for the City of Corpus Christi and City department heads. The mission statement, developed by the same group,is to"provide exceptional service to enhance the quality of life." The Museum is a department of the City of Corpus Christi. This vision and mission is reflected in the daily commitment of those involved with providing services to the community through fulfilling the Museum's departmental mission. Governance City of Corpus Christi: The chief executive officer of the City under the voter approved City Charter and the City Council adopted Ordinance Code is the City Manager. The City Ordinance Code is the guiding policy for the Museum and all other City departments. As a practical matter,ordinances are developed for City Council consideration by City administrators with specialized expertise resident in various City Departments(e.g.Finance,Budget,Emergency Management,Human Resources,Legal,Risk Management,etc.). Administrative policies,procedures, and ethical principles to which City employees are subject similarly call upon the expertise from people in various departments and are submitted to the City Manager for his approval. The administrator of the Museum Department,the Director,is appointed by the City Manager. Policies that are specific and unique to the Museum are developed by the Museum Director as prescribed by the City Ordinance Code. Museum Department: There are specialized laws,policies,procedures, and ethical principles that apply to the Museum and not to other City departments. It is the Museum Director's responsibility to administer the Museum under the highest standard of conduct whether that is in the realm of the City ordinances, City administrative policies, City established procedures,or the more specific policies and procedures of the Museum. The Museum Director must develop those policies,procedures, and ethical guidelines that pertain exclusively to the Museum. Documents defining these policies,procedures, and ethical guidelines are typically reviewed administratively by the City Manager and/or a designated Assistant City Manager. Museum Advisory Board (Committee): The governing body of the City,the City Council,established a methodology by ordinance that delegates review of policy issues that are exclusive to the Museum to a 12 member Museum Advisory Committee"appointed by the mayor with the advice and consent of the city council." The City Manager is an ex officio member of the Museum Advisory Committee. Members are trained by the Museum Director and gain institutional experience by serving staggered three year terms, with a two term limit. This provides the City with a group of interested citizens with training and expertise to review the policies and procedures that are unique within the City to the Museum. Their advisory recommendations are given great weight by the Museum Director,City Manager, and the City Council. The advisory board shall serve as an advisor to the museum department and to the city council in matters of support and development of the museum. The board may adopt comprehensive policies relating to the: (1)Management of collections; (2)Acquisitions for the collection; (3)Disposition and deacquisition of object in and for the collection; (4) Use of museum facilities. When adopted by the advisory board and approved by the city manager, the director of the museum shall implement such policies. The Friends of the Museum, although not a City entity,provides significant funding to support the mission of the Museum. Because of this role,review and revision of the Museum's mission is done jointly by the 18 Museum Advisory Committee and the Friends Board of Directors. Subsequently,the Museum Advisory Committee adopts the mission statement which is then subject to review and approval by the City Manager. The Museum Director is responsible for training Advisory Committee members,Board members of both the Friends of the Museum and the Museum Auxiliary, staff, and volunteers in the policies,procedures, and ethical guidelines under which the museum operates. It is also his responsibility to make certain that all those who work for and on behalf of the Museum understand and support its mission and public trust responsibilities as both a department of the City and as a museum. Under the City and Museum ethics policies,Museum staff,volunteers,members of the City Council,the City Manager, and members of the Museum Advisory Committee: • understand and fulfill their trusteeship roles and act corporately,not as individuals; • act legally,ethically and with cultural sensitivity; • conduct themselves in such a way as to avoid conflicts between personal interests and affiliations and the operations,interests, and reputation of the City and Museum. • protect,maintain, and develop the Museum collections and programs and its physical,human, and financial resources in support of the mission of the City and the Museum; • are responsive to and represent the interests of the Corpus Christi community; • maintain relationships in which shared roles are recognized and separate responsibilities respected; • maintain working relationships that are based on equity and mutual respect; • ensure that professional standards and practices inform and guide museum operations; • ensure that policies are articulated and prudent oversight is practiced; • promote the public good rather than individual financial gain. Collection The Museum collection is owned by the City of Corpus Christi. The Museum also manages state-owned collections as the designated marine archeology repository for the State of Texas and as a repository for state-owned terrestrial archeology collections. Care of the collection is the responsibility of the Museum Director working in conjunction with the collection committee. The collection committee is chaired by the Collection Manager and includes the Registrar,Museum Archeologist, and Museum Librarian. On issues involving the state held-in-trust archeology collections,the Executive Director of the Texas Historical Commission or his designee is also a member of the collection committee. In 2005 a new mission statement was adopted which removed collecting from the mission of the Museum and made it a strategic objective to support the mission. Strategic Objective B. The Museum will collect and preserve unique specimens,artifacts, and ephemera which illuminate our three basic themes and support innovative programming. Strategic Objective C. To create new knowledge,Museum collections and resources will be shared with the public and researchers. There was no intention through this action to diminish the Museum's responsibility to care for the collection,but there certainly was the intention to limit the growth of the collection and to eliminate it as the central focus of exhibits and programs. In part to fulfill this intent,collection staff job descriptions were revised eliminating"curator"as a functional job title to deemphasize the connotations associated with the curator title. The provisions of the Collection Management Policy continue to provide important guidance on collection issues and management of the collection is now the responsibility of the Collection Manager. 19 The Museum Director develops,the Advisory Committee adopts, and the City Manager approves the Collection Management Policy which includes guidelines for proper ethical behavior. The Museum Director and the collection committee are stewards of collections owned or otherwise in the custody of the Museum. They are responsible for ensuring that the collection: • supports the Museum mission; • objects receive the highest standards of care; • is properly managed,documented, and accounted for; • objects and associated information are publicly accessible within appropriate limitations; • acquisition,disposal and loan activities conform to the Museum's mission and public trust responsibilities; • disposal through sale,trade,or research activities is solely for the advancement of the Museum's mission; • sale proceeds from nonliving collections are to be used consistent with the established standards of the Museum's disciplines,but in no event shall they be used for anything other than acquisition of collections; • related activities are used to promote the public good rather than individual financial gain. It is the responsibility of the Collection Committee to recognize the unique and special nature of human remains,funerary, sacred, and cultural patrimony objects from all cultures as the basis for all decisions concerning current or potential collections. Programs The change in mission in 2005 eliminated the collection as the central focus of exhibits and programs. The new mission is as follows: The mission of the Corpus Christi Museum of Science and History is to present the story of the cultural crossroads of the New World. With a unique confluence of natural history, science, people and environments,the South Texas area has served as a stage for the ongoing discovery of the Americas. Through innovative programs in history,culture, and science,the museum is committed to enlarging a shared understanding of our history and heritage as well as the impact and importance of science to our lives. By telling this story,the Museum will inspire a thirst for knowledge,context, and understanding. Under this mission,the central focus of Museum programs and exhibits tell stories that need to be told regardless of whether those stories are supported by collections. All members of the Museum staff as well as Museum volunteers are a party to fulfilling this mission. The designated person to lead this coordinated effort is the Museum Educator working with a Program Committee that includes the Science Educator and History Educator,volunteers, and other staff who assist in the development and delivery of programs and exhibits. It is the Program Committee's role to make certain that programs and exhibits: • are based on good scholarship; • are accessible to all and the widest possible audience are encourage to participate; • respect pluralistic values,traditions, and concerns; • fulfill the Museum's mission and values even when they involve relationships with external entities; • promote the public good rather than individual financial gain. 20 CLEAR TITLE Simply stated,title is the possession of all the rights of ownership to an object. Within this definition are many qualifications and specifications. But there are two general considerations regarding title to an object: one is the completeness of the title;the other is the quality of the title. Once possession of an object is obtained,the museum then needs to consider whether or not it also possesses the copyright and trademark rights, and whether or not the donor has put any restrictions on the object(i.e.that it must be exhibited six months out of the year,or only with certain other objects,or that it may never be loaned). The museum must also consider the authenticity of the documents showing title. It must make sure that the object is truly as it is presented and that the documents are sufficient to insure title to the object. A. Determining the Owner One issue to consider is whether or not the person representing himself as the owner or duly authorized representative of the owner is,in fact,that person. While the museum cannot interrogate each donor,the museum Deed of Gift form should ask that the donor affirm that he is the true owner of the object,or a duly authorized representative of the owner. While gathering background information on the object,it may be possible to ask if anyone else, legal heirs,etc.,might have an interest in the object. If the gift is given by an estate,it is prudent to have all heirs or their authorized representative sign the Deed of Gift. A minor may not legally be able to give an object to the museum. The advice of a professional should be sought in these questionable instances. Although expensive,there is a remedy through the courts if the museum acquisition is later found to have faulty title. If the museum can show damages,then they may be able to show misrepresentation on the part of the donor. In the case of purchases,where the title or the object itself proves faulty,there is also remedy available through the courts. The Uniform Commercial Code provides several recourses for recovery. One is based on contract and requires that the museum prove that the seller misrepresented himself or the object,either on purpose or through negligence. Another section deals with objects that may be bought in good faith and sold in good faith as one thing but in subsequent research,turn out not to be what was offered. Several states have statutes regarding the sale of an object from a professional dealer to a non- professional buyer. This may or may not work in the museum's favor. B. Stolen Objects Perhaps the biggest question concerns what happens if the museum acquires an object and the object turns out to have been stolen? The general rule in the United States is that a thief cannot convey good title. Title remains in the hands of the person suffering the theft and the museum must return the object or its value. There is a statute of limitations upon these claims,but court decisions vary and the museum cannot take the chance of being an innocent victim in this instance. C. Smuggled or Illegally Acquired Objects One of the most common problems of title has to do with objects improperly removed from the 21 country of origin. These objects may not be challenged until many years after the original acquisition. Objects from American Indian tribes may be sought for return on the basis of foreign nation status. Pertinent treaties and statutes should be consulted in all instances: "Treaty of Cooperation Between the U. S. and Mexico for the Recovery and Return of Stolen Cultural Properties," "U. S. Statute Regulating the Importation of Pre-Columbian Monumental or Architectural Sculpture or Murals," "The American Indian Religious Freedom Act," etc. As always,laws concerning the collection, sale and trade of fish,wildlife and plants, should be consulted: "The Legacy Act," "Endangered Species Act" of 1973, as amended, "Marine Mammal Protection Act," "Migratory Bird Treaty," 'Bald Eagle Protection Act," "Antarctic Conservation Act" of 1978,etc. "The Antiquities Act" of 1906, and the "Archaeological Resources Protection Act" of 1979, should be consulted in all cases of objects excavated or given by people working in archeological digs. D. Restrictions The Collections Management Policy provides guidelines for considering exceptions to the rule that the museum will not accept any gifts with restrictions on them. Restrictions may range from never disposing of the object to only disposing of the object to another educational institution. While the former is almost always unacceptable,the latter should be considered based on the quality of the object. The language of any restrictions should be examined carefully. E. CopyJght Special property rights(copyrights)which the creator may have in the work are distinct from the right to possess the work. Copyrights may be divided into five segments: the right of reproduction,the right of adaptation,the right of distribution,the right of performance, and the right to display the work publicly. The "Copyright Law" of 1978 should be consulted in all instances. Before 1978,when a museum acquired an object,it was generally held that it acquired all copyrights. This is no longer true. Even if the objects were created before 1978 and previous publications show no "c",the work can still be considered copyrighted. This automatic copyright may be negated by publication of the work without the symbol. However,public display,donation,or sale of the work is not necessarily synonymous with publication. In other words, a museum would be wise,in all instances,to have documents conveying copyright attached to purchases or gifts. Works created for hire are considered to have the copyright invested in the employer,however, since the term "for hire" can be disputed,this situation of copyrights should be covered in a contract. Works created before 1978 without mention of copyright cannot be assumed to have their copyright vested in the museum. If a work is considered for reproduction, adaptation,etc.this must be checked. If the copyright does not accompany a work,the museum would do well to consider whether or not those rights are worthwhile to acquire. The museum should ask what the potential interests of the museum might be as well as those of the person retaining the copyright. 22 BIBLIOGRAPHY American Association of Museums, and Association of Art Museum Directors. Gifts of Property,A Guide for Donors and Museums. Washington,D.C.: American Association of Museums, 1985. Buck,R.A. and J.A. Gillmore. The New Museum Registration Methods. Washington D.C.: American Assocition of Museums, 1998. Edson,Gary. Museum Ethics. London and New York: Routledge, 1997. Malaro,Marie C. A Legal Primer on Managing Museum Collections. Washington,D.C.: Smithsonian Institution Press, 1985. Naumer,Helmuth J. Of Mutual Respect and Other Things,An Essay on Museum Trusteeship. Washington,D.C.: American Association of Museums, 1977. Porter,Daniel R. "Current Thoughts on Collections Policy." Technical Report 1. Nashville,Tennessee: American Association for State and Local History, 1985. Porter,Daniel R. "Developing a Collections Management Manual." Technical Report 7. Nashville, Tennessee: American Association for State and Local History, 1986. Simmons,John E. Things Great and Small, Collections Management Policies. Washington,D.C.: American Association of Museums,2006. Ullberg,Alan D. and Ullberg,Patricia.Museum Trusteeship. Washington, D.C.: American Association of Museums, 1981. 23 Table of Contents Purpose of the Museum 1 Collection Purpose and Responsibility 2 Acquisitions 3 Collection Description 4 Destructive Analysis 7 Deaccessions 7 Loans 12 Museum Ethics Policy 18 Museum Clear Title Guidelines 21 Appendixes: Bibliography 23 Attachments: A. Ci . Code, Chapter 2, Article III, Section 2-51 - Creating a Department B. Ci . Code, Chapter 2, Article IV, Division 5, Section 2-90 -Museum Advisory Committee C. Laws of Texas Pertaining to Museums D. Ci . Code, Chapter 2, Article IV, Division 1 -Attendance Requirements, Term Limits E. Ci . Code, Chapter 2, Article V, Division 1 - Code of Ethics F. "Deed of Gift" Form EXHIBIT F Museum Deaccession Process Member oFCommittee submits Deacces and Disposal RecordForm to oes Director approve Collection Manager proposed deaccession and disposal method? Yes r No N Collections Committee Manager reviews proposed Does Committee E confirms deaccession meY s tkle,checks based on the nd restrictions, Museum's deac ession and loal issues, purpose, disposal method? ethical scope otthe concerns collection,and Policy E Deaccession proposal E presented to Museum Does Collection �. Advisory Committee by Advisory deaccessioned Director Committee approve? a De accession proposal oes City Manager or eviLed by CityManager designee approve y��j Collection Kept or designee deaccession? a Technical Appeal Process CCMJV proposes Does Director believe > Event/Action Event/Action that conflicts with Event/Action affects exhibits or Museum's mission or commences cd collections. operations? Y s Y s Does City Manager > Event/Action proposal ordesignee Event/Action u reviewed by City Manager approve does not or designee Event/Action? commence EXHIBIT G MUSEUM ADMISSION FEES Corpus Christi Museum of Science and History Admission Fee Policy Fee Schedule: Adults (ages 13 and over) $10.95 Senior Citizens $7.95 Military (with ID $7.95 Children (ages 3— 12) $8.95 Children (age 2 and under Free Hours of Operation Tuesday—Saturday 10 am —5 pm Sunday 12 pm —5 pm Monday Closed Open Mondays 10 am — 5 pm in March and between Memorial Day and Labor Day The museum offers 3 —4 Dollar Days throughout the year Unaccompanied Children are not admitted Visitors under at 18 must be accompanied by an adult. At least one adult chaperone is required for every 10 children. Museum observes the following holidays Easter Sunday Labor Day Thanksgiving Christmas Eve Christmas Day New Year's Day Corpus Christi Museum of Science and History Membership Fee Policy 1 Year Membership Type Single Membership $39.95 Membership + One $74.95 Family Membership (up to 4 people) $139.95 Additional persons can be added to a membership for $39.95 per person Membership includes the following benefits: • Free admission to the Museum for one year on normal operating days (free or discounted admission to select special events). • 2 complimentary guest passes • Receive the Museum's monthly events email • 10% discount off birthday parties and camps • 10% discount off Gift Shop purchases • Exclusive Doc McGregor wall calendar • Exclusive Museum vehicle decal • Invitation to special events EXHIBIT H Is GOVERNANCE Revised 3.8.18 Corpus Christi Museum of Science and History CCMN City Manager_: Friends of the Museum Advisory Board Acrounting,HR Executive Director Marketing/Business Education Development Operations Administration Education Director TBD General Manager Office Manager Collections Manager/Registrar Front Desk Graphics Exhibits Maintenance Front of House Assistant _ Manager/Weekend Graphics/PR/Web Design Event Organizer Exhibit Manager Manager r - FT Cashier Events/Registrar Collections Technician - Future Theater i- M F�= PT Cashier PT Actors Photo Lab Technician Future Conce PT Cashier Concession Worker Interns&Volunteers SCHEDULED PROPERTIES ci r1 (1 County:Nueces JP,ttection Class:4 100%Values Flood Limits(NFIP) Area q Address — Responsible Oe pt. occupancy Lanoa. R-1 Totaf Builtlings Contents — iSq(FI) Year Built 257 1900 NCha arra) 78401 ! Museum Sden.8 Hisl Museum Masan SteellCmaar 15 5 32750,000 5 12J511.000 LL8o 85000 1965 258 1960NChapar.1 76d07 Museum I.Wseum M¢LhanaalR Mason SleeiiCover 7.5 $ 347400 5 97.460 S 150000 B 1,200 1967 312612015 ul' EXHIBIT I i EXHIBIT J FACILITY USE POLICY Corpus Christi Museum of Science and History Room Rental Rates Dome Room Package 1—Ceremony ONLY Dome Room seating up to 95 guests Includes: $850 for 2 hours $350 per additional hour Renters insurance Bridal Suite for 2 hours prior to event Chairs set up and takedown *Additional fee applied to events where alcohol is served. *Cost does not include food & beverage fees. Dome Room Package 2— Reception Only Dome Room seating up to 72 guests Includes: $850 for 2 hours $350 per additional hour Renters insurance Table & Chairs set up and takedown *Additional fee applied to events where alcohol is served. *Cost does not include food & beverage fees. Kenedy Package Kenedy Gallery seating up to 100 guests Includes: $950 for 2 hours $400 per additional hour Renters insurance Table & Chair set up and takedown *Additional fee applied to events where alcohol is served. *Cost does not include food & beverage fees. Front Porch Stage Package 1 Front Porch Stage + Kenedy Gallery seating for up to 100 guests Includes: $1,150 for 2 hours $500 per additional hour Renters insurance Tables & Chairs set up and takedown *Additional fee applied to events where alcohol is served. *Cost does not include food & beverage fees. Front Porch Stage Package 2 Front Porch Stage + Kenedy seating for up to 200 guests Includes: $1,350 for 2 hours $600 per additional hour Renters insurance Table & Chairs set up and takedown *Additional fee applied to events where alcohol is served. *Cost does not include food & beverage fees. North Wing Package 1 Dome Room + Front Porch Stage + Kenedy seating for up to 100 guests Includes: $1,550 for 2 hours $700 per additional hour Renters insurance Table and Chairs set up and takedown *Additional fee applied to events where alcohol is served. *Cost does not include food & beverage fees. North Wing Package 2 Dome Room + Front Porch Stage + Kenedy seating for up to 200 guests Includes: $1,750 for 2 hours $800 per additional hour Renters insurance Table & Chairs set up and takedown *Additional fee applied to events where alcohol is served. *Cost does not include food & beverage fees. 1. Each rental time period includes 1 free hour of set up and 1 free hour of breakdown. Additional set up hours may be purchased. 2. Rentals on the museum exhibit floor may start as early as 5pm. No rentals in museum galleries during operating hours. Exceptions apply for set up on Plaza. 3. Extended Hours Fee: Hourly Rate of Location + $50.00 (12:OOam —8:OOam OR per hour after scheduled end of rental) 4. Bridal Suite included at no charge if renting the Museum for both Ceremony AND Reception. 5. Rehearsal: 4:00-5:OOpm on a regular operating day is FREE. No chair set up. If another time slot is desired, regular rates apply. Additional Add-ons: $100.00 Transition Fee (Our crew will move tables/chairs during your event $250.00 Bridal Suite $25.00 Screen $50.00 Projector $25.00 Microphone (3 available) *20% Discount for Non-Profits Corpus Christi Museum of Science and History Meeting Room Packages Waterearden Room Seating for up to 50 guests Includes: $300 for 2 hours $125 per additional hour $5 per additional guest Tables & Chairs set up Free 30 minute set up to decorate Admission to Museum for guests *Cost does not include food & beverage fees. Lecture Hall Seating for up to 50 guests MAX Includes: $250 for 2 hours $100 per additional hour Tables & Chairs set up Free 30 minute set up to decorate Admission to Museum for guests *Cost does not include food & beverage fees. Conference Room Seating for up to 12 guests Includes: $75/hr. $5 per additional guest Free 30 minute set up to decorate Admission to Museum for guests *Cost does not include food & beverage fees. Corpus Christi Museum of Science and History Birthday Party Packages and Policy Basic Party Package (Level 1) Cost: $275 for up to 20 people, Children under age 2 are free & Birthday Child is free $15 for each additional person Members of Museum get 10% discount Includes: All day admission to the museum for all guests 2 hours use of the party room w/free entry & roam of museum (Museum hours only) Family members allowed into the room 30 min. prior to decorate (Host is encouraged to bring in cake, themed paper goods and decorations.) No helium balloons please. 2 slices pizza/person. Capri Sun & water (20 of each). Museum will provide plates and cups Buy one get one coupon on a return visit (expires 1 year from event date) Time slots: (Tues-Sat: 11-1 or 2-4) (Sunday: 1-3 or 2-4) Deluxe Party Package (Level 2) Cost: $500 for up to 30 people Children under age 2 are free Birthday Child and 1 Guardian are free $15 for each additional person Members of Museum get 10% discount Includes: All day admission to the museum for all guests 2 hours use of the party room w/free entry & roam of museum (Museum hours only) Family members allowed into the room 30 min. prior to decorate (Host is encouraged to bring in cake, themed paper goods and decorations.) No helium balloons please. Food & Drink: 2 slices of pizza/person Capri Sun and bottled water (30 of each) 3 large bags of chips Museum will provide plates and cups Buy one get one coupon on a return visit (expires 1 year from event date) Your choice of Craft, Science Experiment or Museum Tour (must have 2 weeks' notice). Time slots: (Tues-Sat: 11-1 or 2-4) (Sunday: 1-3 or 2-4) Value of$620 —saves you $120 Ultimate Party Package (Level 3) Cost: $700 for up to 40 people, Children under age 2 are free Birthday Child and 2 Guardians are free $15 for each additional person Members of Museum get 10% discount Includes: All day admission to the museum for all guests 2 hours use of the party room w/free entry & roam of museum (Museum hours only) Family members allowed into the room 30 min. prior to decorate (Host is encouraged to bring in cake, themed paper goods and decorations.) No helium balloons please. Food & Drink: 2 slices of pizza/person. Capri Sun, Bottled Water (40 of each) (2) 12-pack cases of soda 5 large bags of chips Museum will provide plates and cups One Free 6 inch Pucker Powder voucher for each guest (40). Buy one get one coupon on a return visit (expires 1 year from event date) Your choice of two (2) Crafts, Science Experiments or Museum Tour (must have 2 weeks' notice). Customizable Invitations with Museum logo and party details (50). Time slots: (Tues-Sat: 11-1 or 2-4) (Sunday: 1-3 or 2-4) Value of$975 —saves you $175 Additions: • Party Favors— make your own 6" Pucker Powder: $2 each • Large 1 topping pizza: $10 (requires 24 hr. notice) • Upgrade to the Watergarden Room: $100 • Extra hour use of Party Room: $100 • Customizable Invitations with Museum logo: $15 for 25 invites • Fact hunt: $15 (for 25 ppl) (The scavenger hunt is ten multiple choice questions that lead the players to all corners of the Museum. This includes one paper & pencil per child, answer sheet with clues for adults, and a prize for each participant) • Science Experiments (30 min.): $50 (more than 30 students, $75) o Theme options on next page The Museum has a Menu where you may select party trays, drinks, and more! Science Experiments: Oobleck/Slime Get your hands a bit messy with our non-Newtonian slime. Learn about sheer force and impact with this funky liquid. Van cle Graff Allow our educators to guide you through a truly hair raising experience! Get a private showing of the van de Graff generator and how it harnesses the power of static electricity. Weather Harness a bit of nature by making a cloud in a bottle. This simple demonstration uses a bicycle pump and a bit of rubbing alcohol to recreate the conditions found at the top of the Earth's atmosphere. Making catapults With just a few supplies and a bit of know-how, create an ancient siege weapon to take home! Chemistry Join our educators in creating an endothermic reaction in a balloon. This reaction is safe to perform, and lets children feel the science happening. Dinosaur plane Learn about the mighty pteranodon and then make a small one. This fun and simple craft can even fly! EXHIBIT K FACILITY MAINTENANCE Item Responsible Party Structure: includes foundation, walls, roof, windows (regular & storm), storm shutters, doors, flooring, ceilings, &fixtures City Building Systems: includes Electrical (parts & labor), HVAC, Plumbing, Elevator (maintenance & certification), Fire Alarm (parts & labor) and Security Alarm (parts & labor) City Building Fixtures: all quarterly and annual preventative maintenance on HVAC system, replacing interior and exterior light fixtures/ballasts, major toilet or sink repair, gate system major repairs including electrical boxes, door repair, fence repairs or replacement, Fire Sprinkler System preventative City maintenance, repair and licensing, all boiler preventative maintenance and repairs, playground equipment repairs or replacement Building Fixtures: air filters, light bulbs, simple toilet repair, Simple sink repair, strip and wax floors, shampoo carpets, maintain wall dividers in restrooms, door knobs, ceiling tiles, gate system minor* repairs, monitor boiler for leaks, minor* exhibit repair, exterior pressure washing of CCMJV sidewalks and plaza, minor* interior paint touchup, annual fire extinguisher inspection and upkeep. Parking Lots, Sidewalks, Gates, & Signage City Landscaping: includes flower beds, ground cover, shrubs &trees City Electric Service (will be deducted from operation support payment) City Fire Alarm System Service CCMJV Security Alarm System Service CCMJV Playground: maintain grounds & equipment CCMJV Janitorial: includes supplies and services for cleaning facility and exhibits CCMJV Pest Control Service CCMJV Dumpster Rental CCMJV Radios CCMJV *Minor shall mean repair and/or service less than $500. X � (,C003; CORPUS CHRISTI MUSEUM of SCIENCE and HISTORY Professional Service Management Agreement for the Corpus Christi Museum of Science & History Council Presentation April 17, 2018 Management History of SCIENCE a nlsraav Prior to September 2012 - Museum was a City Department September 1, 2012 - Entered into two-year Public/Private Management Agreement: • Cit, Owns Land, Building & Collections • CCMJV, LLC operates all aspects of the Museum including maintaining certification and accreditations September 1,2014- Amended & Extended Agreement (extended for three years to September 30,2017 with option for two additional 1-year extensions) August 8, 2017- First of Three Extensions April 30, 2018 - Expiration Date of Extension i �Q Historical Attendance oSCIENCE �,a nlsraav Combined Attendance by Year 90,000 80,000 74,194 79,518 78,498 70,000 69,258 65,804 60,000 50,000 40,000 30,000 20,000 10,000 FY13 FY14 FY15 FY16 FY17 (decline due to Hurricane Harvey) �Q qw Historical Revenues oSCIENCE �,a nlsraav Revenue Generated By Museum $900,000 $800,000 $812,826 $812,607 $700,000 622,549 652,474 $ $600,000 $500,000 $400,000 $407,832 $300,000 $200,000 $100,000 $ FY13 FY14 FY15 FY16 FY17 Accomplishments of SCIENCE a nlsraav • Multiple updates and renovations to the facility • Opened Dino Gallery, Guns & Ammo Exhibit, HEB Science Center & Kaboom Playground • Expansion of Education Staff and Programing • Awards from the Texas Association of Museums Innovation & Excellence • Gold Award for McGregor Monday's featuring Doc McGregor's Photo Collection • Bronze Award for Chemistry in Action • Partnership with Ed Rachal Foundation to create a McGregor Research Center s Ke Contract Terms That Changed Y g "Us UM of SCIENCE aHI rGRY AgreementCurrent Agreement Operation Support $936,321 + $272,819 In-kind Payment $1,209,140 (Electricity,IT Allocation,Computer Leases,Telephone&Postage) City Benchmark $347,231 Eliminated Gift Shop & Included as Gross Excluded from Gross Camp Revenues Revenues Revenues Administrative Fee None $120,000 or 10% of Gross Revenues (whichever is greater) Revenue Split 50/50 After Benchmark 50/50 After Administrative Fee Maintenance & Repair of Building & Systems (Facilities CCMJV Pays City Pays Allocation,HVAC,Plumbing,Elevator, Fire Alarm,&Security Alarm) Museum Generated Revenue aoSEUII I II of SCIENCE �'d HIE CRY Current Agreement Proposed Agreement 7 CCMJV Future Plans & Goals SGENCE HISTORY • Develop master plan for exhibits and visitor experience. • Explore new revenue generating opportunities including the possibility of a motion simulator, 3D cinema, and a restaurant or snack bar. • Explore new ways to expand educational opportunities through specific lecture series, film events on historical or scientific topics, single day camps, adult oriented programming. • Critical facility needs addressed by City (per Management Agreement) 1%i.ixj of SCIENCE and HISTORY Questions • 9 us o� INFORMAL STAFF REPORT 11352 MEMORANDUM To: Margie C. Rose, City Manager From: Esther Velazquez, Assistant to the City Manager 6vw Date: April 18, 2018 Subject: CCARS - Museum of Science and History FY12 Attendance & Revenue Issue/Problem A member of City Council inquired about the Corpus Christi Museum of Science and History (Museum) attendance and revenue for fiscal year 2412. Background &._FindiMs In fiscal year 2012 the combined attendance of the Museum was 51,410 and Museum generated revenue was $327,508. Conclusion CCM]V assumed management of the Museum in fiscal year 2013. Since then, attendance and revenues have steadily increased. There was a slight decline in both attendance and revenue from fiscal year 2415 to 2017 due to Hurricane Harvey. 1 ogyus ct,�, o �� AGENDA MEMORANDUM H Future Item for the City Council Meeting of April 17, 2018 v Action Item for the City Council Meeting of April 24, 2018 NORPO PAEO 1852 DATE: April 17, 2018 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive Director of Utilities Dane(acctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kimb2(a-).cctexas.com (361) 826-3169 Supply Agreement for Liquid Caustic Soda Solution for the O.N. Stevens Water Treatment Plant CAPTION: Motion authorizing a two-year supply agreement with Univar USA, Inc., of Kent, Washington for the purchase of liquid caustic soda solution for a total amount not to exceed $7,513,545.00. PURPOSE: The O.N. Stevens Plant utilizes Liquid Caustic Soda Solution, also known as sodium hydroxide aqueous to adjust the pH of the water treated. BACKGROUND AND FINDINGS: Liquid Caustic Soda Solution, is currently utilized at the O. N. Stevens Water Treatment Plant for pH adjustment of the final filter effluent to raise the pH of the water. By raising the pH, a more stable environment is created for monochloramine residuals, and the higher pH also keeps city water from being corrosive to the distribution piping system. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received two responsive, responsible bids, and one non-responsive bid. On April 4, the low bidder Brenntag Southwest, Inc. withdrew their bid. The bid was awarded to the next low bidder Univar USA, Inc. ALTERNATIVES: No feasible alternatives. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurements. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Utilities Department — Water FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $7,975,093.68 $5,948,223.13 $13,923,316.81 Encumbered / Expended Amount $5,066,172.07 $0 $5,066,172.07 This item $1 ,565,321 .87 $5,948,223.13 $7,513,545.00 BALANCE $1 ,343,599.73 $0 $1,343,599.73 Fund(s): Water Comments: The initial contract term total is $7,513,545.00 for 24 months, of which $1 ,565,321.88 is funded in FY2017-18. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation City of Corpus Christi Purchasing Division Bid Tabulation Sheet Buyer:Cynthia Perez Liquid Caustic Soda Solution- RFB 1495 Brenntag Southwest, Inc. Lancaster,Texas Extended Extended Item Description 1 st-year Unit Price Price 2nd-year Price Price 50%Liquid 1 Caustic Soda 10,750 Wet tons $317.39 $3,411,942.50 10,750 $367.39 $3,949,442.50 Solution Est. Unloading 2 Delay Charge 12.5 Hrs. $75.00 $937.50 12.50 $75.00 $937.50 Sub-Total: $3,412,880.00 Sub Total: $3,950,380.00 Grand Total $7,363,260.00-Vendor withdrew bid DPC Industries, Inc. Corpus Christi,Texas st Extended 2nd Extend Item Description year Unit Price Price year Price Price 50%Liquid Caustic Soda 1 Solution 10,750 Wet tons $347.50 $3,735,625.00 10,750 NB Est. Unloading Delay Charge 2 12.5 Hrs. $85.00 $1,062.50 12.5 NB Sub-Total: $3,736,687.50 Sub Total: $0.00 Non-Responsive Univar USA, Inc. Kent,Washington st Extended 2nd Extend Item Description year Unit Price Price year Price Price 50%Liquid Caustic Soda 1 Solution 10,750 Wet tons $329.38 $3,540,835.00 10,750 $369.38 $3,970,835.00 Est. Unloading Delay Charge 2 12.5 Hrs. $75.00 $937.50 12.5 $75.00 $937.50 Sub-Total: $3,541,772.50 Sub Total:1$3,971,772.50 Grand Total $7,513,545.00 4 US 1 1 SUPPLE AGREEMENT NO. 1445 Liquid austi Soda Solution THIS Liquid Caustic Soda Solution Supply r r t ( Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Univar LISA, Inc. ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Liquid Caustic Sada Solution ;n response to Request for Bid No. 1495 !"RFB `), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits I and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows, Scope. Supplier will provide Liquid Caustic Soda Solution in accordance with the atfached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out Dere in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning, 2. Term. This Agreement is for 24 months. The parties may mutually extend fhe term of this Agreement for up to zero additional zero-month periods (`;Option Periods)"), provided, the parties do so in writing and prior to the expiration of the original terra or the then-current Option Period. The City's extension authorization ,usf be executed by the C ify Manager or designee. 3. Compensation ars Payment. The total value of fhis Agreement is not to exceed $7,513,545.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 00 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance wifh the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. . Contract Administrator. The Contract Ad. finis rator 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 pay enf. The City's Confract Administrator for this Agreement is as follows: Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Name, Diana Zertuche-Garza Departrnent: Ufflities Phone- (361) 826-1827/ Email- diana(3,(�,cctexas.corn 5. Insurance. Before performance can begin under this Agreement, the Supplier rust deliver a certificate of insurance ("CO!"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the C01 must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorloorated by reference into Phis Agreement as if fully set out here in its entirety, 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City deparfmenf or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such fime as the products are delivered and accepted by the City, 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs 'Incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of (City's invoice. 8. Warranty. (A) The Supplier warrants that all products supplied under thio Agreement are I Zj� new, qualify items that are free from defecfs, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of Hens or encumbrances. (B) In addition, the producfs purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attach. ent D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 y//7 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City fo order or accept more than the Cify's actual requirements nor do the estimates restrict the C-Ay from ordering less than its actual needs during the term of the Agreement and including any Option Period, Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. on- pry nation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30f annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and if is wifhin the sole discretion of the City's City Council fo determine whefher or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City (_-ouncil's sole discretion when adopting each budget, 11. Independent Contractor, Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and me-thod, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City, 12, Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. in using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier, All ,requirements sef forth as part of this Agreement, including the necessity of providing a C01 in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the 4worl-1. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the Clilty, 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes, The Supplier covenants to pay payroll faxes, Medicare taxes, FICA faxes, unemployment taxes and all other related taxes. Upon pon request, the City Manager shall be provided proof of payment of these faxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day Supply Agreement Standard Form Page 3 of 7 Approved as 'go Legal Form 12/15/17 faxed or hand-delivered or on the third day after postmark if sent by certified mail. Nofice musf be sent as follows, IF TO CITY: City of Corpus Chrisfi Attn: Diana Zertuche-Garza Title- Contracts/Fund Administrator Address: 1310 1 Leopard Street Corpus Christi, TX 78410 Phone: (361 ) 826-1827 Fax: (3561) 826-4488 IF TO SUPPLIER: Univar USA, inc- Affin-1 Stag 7iegler Title: Municipal Specialisf Address- 8201 S. 212th Sfreet Kent, WA 98032 Phone- (253) 872-5000 Fax: (253) 8-172-5041 17a SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, ITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Confract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance wriften notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written noti-.-- to fh-- Supplier for failure to pay or provide proof of payment of taxes as sef out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplie'r. or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreemenf is considered to be severable and, if, for any reason, any provision or part of fhis Agreement is determined to be invalid and contrary to applicable !law, such invalidity shall not impair the operation of nor affect those portions of this Agreemenf thal are valid, buf this Aareemenf shall be construed and enforced in all resr)ecfs as if the invalid or unenforceable provision or part had been omitted. 21, Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachmenfs, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in fhe following order of priority: A. this Agreement (excluding attachments and exhibits), B. ifs attachments; C. the bid solicitation document including any addenda (Exhibit 10; then, D. the Supplier's bid response (Exhibit 2). 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as if may be amended, and to complete Form 1295 "Certificate of Inferested Parfies" as part of fhis Agreer-nent. 23, Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Cade, the City may not enter into a contract with a company for Supply Agreement Standard Form Daae 5 of 7 Approved as fo Legal Form 12/15/17 goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel,- and (2) will not boycott Israel during the term of the contract. The signatory executing this Agressm-ent on behalf of the Supplier verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. ® Governing Law. This Agreement is subject to all federal, State, and kocal laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings. either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Supply Agreement Sfandard Farm Page 6 of 7 Approved as fo Legal Form 12/15,117 L;_061 114 VIC SUPPLIER Signature: Printed Name: AGO- Title: Vr 14 Date: t CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Affached and Incorporated by Reference- Attachment eference:Attachent A: Scope of Work Attachment : Bid/Pricing Schedule Attachment : Insurance Requirements AttaChment : Warranty Requirements Incorporated by Ref n Only: Exhibit 1 RFB Na, 1495 xhibit 2. Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12%15/17 Attachment A - Scope of Work lial irementad Ba roundInformation The Supplier shall provide Water Chemical - Liquid Caustic Soda Solution for the Utilities Deparfment. Liquid Caustic Soda, also known as sodium hydroxide aqueous solution is used for pH adjusfment of the final filler effluent, 1.2 �ofWo�rk Supplier shall supply Liquid Caustic Soda Solution to the Ufflifies Deparfment to be delivered in tank truck lots in accordance with Specifications for Water Treating Chemicals. A. Water treating chemicals must conform to: 1. Liquid Caustic Soda (Sodium Hydroxide Solution) 50 2. American National Standards Institute/National Sanitation Foundation Institute Standard for Drinking Water Treatment Chemical - Health Effects ANSIM SF 60. If is the responsibilify of the supplier to inform the City of Corpus Christi (within 24 hours from the fime of verbal or written notification to supplier) that Its NSF certification has been revoked or lapsed. 'Loss of NSF certification constitutes grounds for immediate termination of flee liquid caustic soda contract. 3. American National Standards Institute/American Water Works Association standard for Caustic Soda (Liquid) ANSI/AWWA B501-03, 4. 50 % 'Liquid Caustic Soda must contain not less than 48,0 7o as Caustic Soda (Sodium Hydroxide NaOH). 1�, h T urer provide an affidavit of complianc--, stating tha� at 1 e manufac Iti mus' i I the time of loading, the chemical(s) furnished under the release order, complies with all applicable requirements to the City of Corpus Christi, Water Production Superintendent, P.O. Box 9277, Corpus Christi, Texas 78469-9277. B. MATERIAL REQUIREMENTS The liquid Caustic Soda delivered under this agreemenf, must meet the following physical-chernical specifications based on the required concentration: 1. Liquid Caustic Soda 50 wt.% thysilco-chemical Parameters Visits Sodium Hydroxide (NaOH) to 48.0 - 52.0 Sodium Oxide (Na20) wt,% 38.3 - 39.57 Sodium Carbonate (Na-0O3) wt,% <0,15 Sodium Chloride rDPM 100,0 Maximum Sodium Chlorate PPM 50.0 Maximum Sodium Sulfate PPM 40.0 Maximum Iron as Fe PPM 5.0 Maximum Appearance ma, Clear Liquid Specific Gravity g/mL 1.52 - 1,54 Density lb,/gal 1176 ADefivery and Weig hire g -giro pats® 1, Each chemical shipment must be weighed by local certified weigher before delivery to and after unloading at the O.N. Stevens Water Treatment Plant. The truck, driver must promptly deliver chemical shipment weight "ticket" or legible copies to the City of Corpus Christi, Plant Supervisor, 13101 Leopard, Corpus Christi, Texas 78410. Deliveries will be made Monday thm Sunday, 8 A. M. to 5 P, M. only, unless an emergency arises then the Plant Supervisor may approve after hour deliveries, 2. The Supplier must provide a chemical analysis for each chemical shipment (Certificate of Analysis, ;including Lot number, and production date), and fh-- chemical analysis must include the 'parameters above described in this scope of work, such as NaOH percentage, specific gravity, Sodium Carbonate mg/liter, and Sodium Chloride mg/liter and the others. 3. The Successful Supplier must base billing and pay quantity for each chemical shipment on certified weight fiCke[s for delivery of Liquid Caustic Soda. The Plant Supervisor ay reject any chemical shipments as per example- 50% Liquid Caustic Soda containing less than 48.0 percent or more than 52.0 percent as not meeting specifications for NaOH. 4. Supplier must make shipments in approximately 4,000-gallon tank truck lots to the City of Corpus Christi, C. N. Stevens Water Treatment Plant, 131011 Leopard, Corpus Christi, Texas 78410. The Supplier must submit the chemical analysis, weight ticket, and bill of lading with each invoice. D. OWNERSHIP: City's ownership of the Liquid Caustic Soda begins, and Supplier's ownership ceases, upon completion of unloading of the chemical at the 0. N. Stevens Water Treatment Plant. E. OSHA AND TRAINING: 1. Any chemical suppked must comply with all requirements and standards of the Occupational Safety and Health Act. Supplier must provide all appropriate chemical and warning markings before delivery. Water Production Superintendent may reject items not meeting OSHA specifications. 2� Supplier at its expense must provide training to City employees in the safe handling, storage, and use of the chemical on a semiannual basis at the Water Production Superintendent's convenience. This training must include a presentation of sufficient length to visually portray the proper procedures of handling, storage, and use of Liquid 'Caustic Soda and all information contained on the Safety Data Sheet must be thoroughly covered. 3. The Supplier must comply with drug and alcohol testing, education, and training programs that comply with U.S. Department of. Transportation Regulations 49k--FR,, Paris 382 and 40. The Supplier must execute a Certification of compliance with U.S. Department of Transportation regulations 49CFR, Parts 3821 and 40 and provide a copy to the Water Production Superintendent on a quarterly basis beginning with the first chemical shipment. 1.3 e The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified, The Contractor will also provide supervision of the work to insure it complies with the contract requirements. Affachment id Pricing/Schedule CITY OF CORPUS CHRISTI BID FORM XPURCHASING DIVISION RFB No. 1495 Liquid Caustic lute r PAGE I OF 1 Dofe, Februanj 15, 2018 Auffiorized Bidder- Univar USA; Inc. S_ a It '. . A s 1. Refer t =Instructions toBidders" and Contract Terms arid,Calidiflonsbefore completing bid. a Quote your best price for each iter® 3, In submitting this bid, Bidder certifies that: a. the prices in his bkd have been arrived of independently, without ons _= fon, [Cy agreementZ-1 J€ l Z ?Bidder ? ??b l ) Tito . , pUrpose of b- Bidder is an _EqJ a Opportunify Employer, and the Disclosure of i lie est information on file with City's Purchasing office, ursualnit fo the Codi: of0rdinances, is current and trine. ' der fr f with l r° s 'r sf r' l lfh all applicable governmental "r"=-- r-t [ agencies. , Bidder acknowledges r�=,cei,Dtn review b all <a � r f � � c�, �Fl, k r , :ter this 1F , i i 4, Bidders must not write over or revise the bid form. Bidders will be considered ora Responsive if the bid form is modified. l Total Item t Description_ 1 UNIT ; 1 -Yr Unit Total_ 2-yr I UnitY Qty. Price _ rice 3 rice Price -----__ ._ �. 5 % Liquid r 10,750 $ F 10,750 , Caustic Soda ; Tons l 329.38 3: 40,835,CDO v# j Solution I Est, Hrs. 1 1 .5f 5M - - 937,50 7 lUnloading Delay Ch4k 5 $ E ' 3 f sem000 lla971,-772,50_ 1$32541,772,501 $40 + i t l Total $7,513,545.00 l a i i I E , Affachment C - insurance Requirements CONT R ACTOR'S LIABILITY INSURANCE I /-\ 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 cornmence were until --H similar insurance required of any subcontractor has been obtained. , 13, Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy ofC-erfificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance cornpany(s) acceptable to the City's Risk Manager. T he City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable- Endorsements must be provided with. Certificate of insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. C-ONAWERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $1.000,000 Aggregate i. Commercial, Broad Form 2 Premises-Operations 11 Products/Con pleted Operations 4, Contractual Liability 5. independent Contractors 6, Personal Iniury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single limit U 1, Owned 2. Hired and Non-Owned 3. Rented/Leased W�ORKER�SCO�MPEt�-,4SATIO�NStatutory and complies with Part 11 of (All States Endorsement if C-omloa ny is not this domiciled in Texas)exas) Exhibit. Employers Liability $500,000/$500,000/$500,000 CA� POLLUTION LIABILITY $1.000,000 Per incident I Imit (including Cleanup and Remediation) $11,000,€ 0 Aggregat e C. in the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports or any accidents within -10 days of the accident, !L ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor rnust obtain workers' compensation coverage through a licensed insurance company, The coverage must be written I on a policy and endorsements approved by the Texas Department of insurance. The workers' compensation coverage provided musf be in stat tory 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. BContractor 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- VIL 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 1--hrisfil Attn: Risk Manager P.O. Box 10277 77 Cor Us Christ;,, TX 78469-921 , 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 Citv, with the exception of the workers' compensation policy; Volle f I * Provide for an endorsement that the "other insurance" clause shall not apply to the 'City of Corpus Christivvhere fhe 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 (301, 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, nor-renewal, materiol change or termination of coverage, Contractor shall provide a replacement Cer"ificate of insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any filme during this confract. Failure to provide and to maintain the required insurance shal, constitute a material breach of this contract. F. in addition fo any othe.,remedies the City may have upon C'ontractor's failure fo provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right fo order Contractor to stop work hiereunder, 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 Contract or may be held responsibie for payments of damages to persons or property resulting from Confractor's or its subconfractor's performance of the work covered under this contract. H. If is agreed that (1-_'ssntracfor's 'Insurance shall be deemed primary and non- contributory with respecl to any insurance or self-insurance carried by the City of Corpus Chrlsfi for liabililly arising out of operations under this contr act, L It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 20118 Insurance Requirements Utilities Delivery of Water Treating Chemicals 01/10j 2018 sw Risk Management Valid Through 12/311,/2018 Attachment Warranty Information V U tF = 5 Univar sets out to be the preferred duality partner for the distribution of chemicals arra services. We combine economic success with social and environmental responsibility, Be the benchmark of excellence, - Univ r USA Inc,is committed to the success of our customers and upplie(partners by providing value-added products and I services that consistently meet requirements,In the spirit of innovation,management encouragesfull ernp/oyee f participation in the continuous review and improvement of Univar's business processes and its total quality process. Safety: Safety is the first priority. the most important aspect of our work oz ftinuous Improvement. We willimprove results for all our stakeholders by doing the right things better every time, a . Employees,- We respect and value every ernploy e and are committed to support and develop each other personally and professionally. Environment: We are committed to protecting the health and well being of our employees, our customers, the x community and the environment, y Ethics: We treat every individual in our business and t personal practices ethically with integrity and honest} Leadership: Each of us strives to lead and motivate by example and consistently live cap to these core values, We coach, train.. develop and empower employees to reach their full potential, t e a; se GO � � �A O H v AGENDA MEMORANDUM Future Item for the City Council Meeting of April 17, 2018 "CORPOppjEAction Item for the City Council Meeting of April 24, 2018 1852 DATE: April 3, 2018 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, AICP, Director of Planning & Environmental and Strategic Initiatives DanielMc@cctexas.com (361) 826-7011 Nina Nixon-Mendez, FAICP, Director of Development Services NinaM@cctexas.com (361) 826-3276 Resolution granting petition requesting annexation by area landowners of approximately 13.72 acres of land into the territorial limits of the City of Corpus Christi CAPTION: Resolution granting petition requesting annexation by area landowners of approximately 13.72 acres of land into the territorial limits of the City of Corpus Christi. PURPOSE: The purpose of this item is to complete processes related to annexation and economic development. The proposed annexation in the City's Extraterritorial Jurisdiction will provide for compatible future land use and development south of Oso Creek along the TxDOT Farm to Market 43 and County Road 33. BACKGROUND AND FINDINGS: There are no known dwellings or residents on the 13.72 acre parcel. The planned development annexation process will span about three months, including two City Council public hearings and two readings of the annexation ordinance. There will be approximately 50 single family homes built on 12.5 of the 13.72 acres. This being the first phase of a 650 lot development on approximately 118 acres. A Wastewater Reimbursement Agreement has been requested and will be presented to City Council in the coming weeks in association with this petition for annexation. The petition for annexation is a result of UDC Section 8.5.2.F., Property Outside City Limits, in which annexation to the City is a requirement prior to wastewater service being made available to the subdivision. This petition for annexation also is a result of a petitioners request to receive reimbursement for a Wastewater Infrastructure Construction from the Sanitary Sewer Trunk System Trust Fund. ALTERNATIVES: Per Chapter 43 of the Local Government Code, Municipal Annexation, Section 43.028.D, after the 5th day but on or before the 30th day after the date the petition is filed, the governing body shall hear the petition and the arguments for and against the annexation and shall grant or refuse the petition as the governing body considers appropriate. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed annexation is consistent with the adopted Future Land Use Plan (Ordinance 029958). The subject parcel is designated as a Planned Development Area in Plan CC. Planned Development Areas are areas which may be annexed and for which area plans are developed. EMERGENCY/ NON-EMERGENCY: Non-emergency reading. DEPARTMENTAL CLEARANCES: Legal City Manager's Office FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not Applicable Project to Fiscal Year: 2016-2017 Date Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: A service plan will be developed that identifies municipal services to be delivered as required by the Local Government Code. A fiscal analysis of the cost of services will be provided to City Council. RECOMMENDATION: Staff recommends that City Council accepts the annexation petition and directs staff to prepare a service plan. LIST OF SUPPORTING DOCUMENTS: Resolution Annexation Petition Presentation with Annexation Schedule Resolution granting petition requesting annexation by area landowners of approximately 13.72 acres of land into the territorial limits of the City of Corpus Christi WHEREAS, on March 29, 2018 the City received a petition requesting annexation by area landowners; WHEREAS, Texas Local Government Code §43.028 requires the governing body to hear the petition and the arguments for and against the annexation and shall grant or refuse the petition as the governing body considers appropriate after the 5th day but on or before the 30th day after the date the petition is filed; WHEREAS, Texas Local Government Code §43.065 requires the City to direct its staff to prepare a service plan that provides for the extension of municipal services to the area to be annexed; and WHEREAS, Texas Local Government Code §43.063 provides that the City should conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: Section 1. The City Council grants the petition requesting annexation by Elizabeth Anne Meaney, Reagan Brown, Bill Brown and Alyssa Ann Brown of approximately 13.72 acres of land into the territorial limits of the City of Corpus Christi attached in Exhibit "A". Section 2. The City Council directs staff to take the necessary actions to institute annexation proceedings upon completion of service plan. Section 2. The City Council directs the staff to prepare a service plan that provides for the extension of municipal services to the annexation area. Section 3. The City Council hereby directs staff to schedules two public hearings on this annexation during regular City Council meetings. Section 4. The City Secretary is hereby authorized and directed to cause notice of such public hearings to be posted on the City's Internet website and published once in a newspaper having general circulation in the city and in the above-described territory not more than twenty (20) days nor less than ten (10) days prior to the date of such public hearings. Section 5. The provisions of this resolution shall become effective immediately upon final passage. 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 PETITION REQUESTING ANNEXATION BY ARI A tsf M1fp0liYttiE1L5 TO THE MAYOR OF THE GOVERNING BODY OF CORPUS CHR-STI,TEXAS: The undersigned owners of the hereinafter described tract of lend,which is vacant and without residents,or on which fewer than three qualified voters reside,hereby petition your honorable Body to extend the present city limits so as to include as pan of the City orCorpet_s Christi,Texas,the following described territory,to wi_ 13.72 acre tract FI ELDNOTES FTELDNOTES for a 13.72 Acre Tract,comprising of a L 19 Acre Tract:(pretiously surveyed)being out of a 173.21 Acte Tract out of Section"D ram",Lnureles FaTracts, a mop of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Teras; said 17.3.21 Acre Tract being the same property conveyed from Mary Cecile Meaner-,a married woman,its her separate property and estate to Elizabeth Anne Meaney Trustee of the Lucy A. Haynes Trusts, recorded in Document No. 2014032038, Official Public Records of Nueces County, Texas; and evidW a portion of County Road 33 and a 12.50 Acre Tract(previously surveyed)simuated in the Cuadrille Irrigation Company Survey-No.Survey 139,Abstract 377,and the I.&G.y.R.R Survey No. 140. Abstract 612,m shown on the map Of lAtsreles Farm Tracts,a trap of which is recorded in Volume 3,Page 15,h4ap Records of Nueces County.Texas;said 12.50 Acre Tract Eyeing a portion of Tract If.described as a 118.1x6 Acre Tracl in a Correction Warranty Decd From Sheilah London to BW I. Brown, Reagan Travis Brawn and Alyssa Ann Brown McCoy, recorded in Document No.201541169,Official Public Records of Nueces County,Texas;said 13.75 Acre Tract being described by metes and bounds as follows, Commencing at a 3/8 inch Iron Rod Fotmd,being the Southwest corner of to 308.99 Acre Tract described in Special Warranty Deed from The Joslin Partncrship, Ltd., to 13tt: City of Carpus Christi, recorded in Doeu ment No.941343,said Official Public Records,For the Southwest corner of an 8.00 Acre Tract described in Gift Deed from Mary Cecile Meaney to Agape Ranch, recorded in Document No, 2016053230,said Official Public Records; Thence,North 89'12'59"l=ast,Kith the South boundary of the said 308.99 Acre Tract,the North boundary of[ht:said 173.21 Acre Tract,75.13 I"eet,to a 12 Inch Iron Rod with green plastic cap stamped "MEAN ENGR CCTX"Set.for the "Point of Beginning"and Northwest corner of this Tract; Thence. North 89'12'59^East, with the common boundary of the said 308.99 Acre Tract and 173-21 Acre Tract,40.00 Feet, to a 1 2 Inch iron Rod with green plastic cap stamped"URBAN ENGR CCT30 Sct,for!hc Northeast corner of this Tract; Thrace, South 00347'0I' East,over and across the said 173 21 Acre Tract, 175.00 Feet,to a 1/? Loch Iron Rod with green plastic cap stamped 'URBAN ENGR CCCX"Set,for the Southeast corner of this Z ract•• Onto Filedrr -vd 1 RECEIVED . ? 9 MAR 2018 . %te�ccaite�I�: Cf of Corpus Christi City Secretary Development Services Thence,South 89°12-59"West,at 1169.54 Feet,pass a 1/2 Inch Iran Rod with green plastic cap stamped"URBAN ENGR CCTX"Set, on the apparent East Right-of-Way line of County Road 33 and the West boundary of the said 173.21 Acre Traci, continuing over and across the said County Road 33 (ROW varies),in all 1194.35 Feet,to the apparent West Right-of--Way lute of the said County Road 33, the East boundary line of the said 12.50 Acre Tract,for a corner of this Tract; Thence,South 20'131251'West,with the common boundary line of the said`Ales£Right-of-Way and the said 12.50 Acre Trac4 371.93 Feet, 10 the Southeast coma of the said 12.50 Acre Tract, from whence a 5/9 Inch Iran Rod with red plastic cap stampcd"URBAN SNGR CCTX"Found,on the apparent West Right-of-Way line ofCounty Road 33, for the Northeast corner of a 20.0()Ache Tract described in a Special Warranty GiftDred from Sheilah Ruth London to London Independent School District,recorded in Document Number 2005027456,said Official Public Records bears,South 20013'25"West, 1104.94 Fect; Thence,with the boundary ofthe said 12.50 Acre Trdet and this Tract as follows: e Noah 691146135"West,504.56 Feet,for a corner of this Tract; • South 88°42136"Wcst,448.52 Feet,to the Southwest corner of this Tract; a North 01 000'19"West,484.75 f cc4 to the Northwest comer of this Tract; • North 813'42'36"East,748.87 Fect,fora comer oftWs Tract; o South 69°46'35"East,400.66 Feet,to the said West Right-of Way lime for the Northeast corner of the said 12.50 Acre Tract and this Tract,from whence a Moil Found on the said apparent West Right-of-Way line of County Road 33 bears,North 20213'25"East,1706.73 Feet; Thence,South 20013725"Wes4 with the common boundary line of the said West Right-of-Way line and the said 12,50 Acre Tract, 147.22 Fcet,for a corner of this Tract; Thence,North 89012'59"Ear over and across the said County Road 33,at 25.90 Feet,pass a 1/2 Inch Iron Rod with green plastic cap stamped"URBAN ENGR CCTX"Set,an the apparent East Right- of-Way lime of County Road 33(ROW varied, and the West boundary of the said 173.21 Arun Tract, for• the Northwest corner of the said L19 Acre Tract,in all 113899 Fect,to a 112 Inch Iron Rod Kith gran Plastic cap stamped"URBAN ENGR CCT-X"Set,for an inner ell comer of this Tract; Thence,North 00047'01"West, 135.00 Feet,to the Point of Beginning,containing 13.72 Acres(597,449 Sq.Ft)of Land,more or less. Grid Bearings and Distances shown hercon are referenced to lbr Texas Coordinate System of 1983,Texas South Zone 4205,and are biased on the North American Datum of 1983(2011)Epoch 201000. Date Filed - �1� RECEIVED �,4z ECEIVED LL,�4z . 2 9 MAR 2018 . EXHIBIT A Aebecca Huerta City of Corpus Christi City Secretary Development Services We certify that the above described tract of Sand is contiguous and adjacent to the City of corpus Christi,Texas,and that this petition is signed and duly acknowledged by each and every person having an interest in said land. t 3/iS�/a or L 4:c III he:I=a.nithe fin TEFA A KE LY 11/ WARY KSM STATE OFTEM fi MY CM"W.in I= wnxivio ixxm" T=u and that this pe III tian is s ped and duty a Im a wUpd by cich end cv=y pawn having an Mccr= in said ,I 47 4 &4j, r 4 11-M STATE OF TEXAS COUNTY OF 114 La I BEF RE Mthe undcmi -1 authority,an th;,day. �vxppczrcd ME, 1, Ari .d AjJJ. __I .1. knGWn LO MC LD be Lk;Xas wb=mm,�.�cjjqHhscfibod to the forcsOL-lit izw=cnl cid each acknoMedged to me that he c=utcd the nne for Ek purposes and cans."d=IM L!•=r= - , 't Given under my hand and seal orofFicr,this ;yc, T."d ff ff AAMA ILAN SL9T--1I N'."OtIM060 orc�UP-E.Vm Notary Public in and for k-1.2w, T— REI Date Filed IRTIECEIVED eo / + ) -4 MAR 2018 # Rebecca HueAA city of Corpus Christi City Secretary Development Services w 1 I in• I AC.N P I7 5....•y V 33 I j I •+1 e r ow 5•ctsp•1 Yl' Laaw. rq� 71Prra a� C vsr a Ty 17 _P fa....r r.n J It,—. nwy...' 1:yam Ah.+•Mn llrar• #A•s� ] Nera 1)']9 i - �Yo1r11 al L34'J'n,k,n� m a"cHrTt,tln 1�1._, -LI t.7 l'1.7Q_-lgrw tC_fIYt�1L1!!Ly/I�Lamm"z f ✓tl�l�eft Oww�w�a Mw►�1 hylLr• .tr 77121 Ar•f8 rr qrt n•11 nl i � `•cllun 'n' roar N•• i�� 4oc1a VW 3' Py I•S. upP n.c d• of ly�•r•• Ca.nly T•..• .+^ C•nnnrm A.+n. u..;..•y r+v.l.. .,r r 1 luCr A trrr rna• icy. } Lp tK .i{n ]Ur In l7 USn L`f•P N r Y) -- I rff 4 1 SkCtch LO Ar3rir ELANp11..S 13 ACACrot vm . cprtn ny an [1 Ac a Tr GI(prbop ply aL'r•ro yed) bn!.ily cart n1 a 17371 AC,. lr ar_I r 1 .1 '.:perFan t), Lwra141r arm Tr.a to n mop of .rdeh la racurdva In v0lama 3 P q. 1 uap _ H ecru r;A qr N mcnP CCunry. Pease. ..Id 173 21 A=a Tr I It, qnn camp OATL, �.1nrrF 1L1,JO3 :rF nfly c�etye,l Ir6rn Narr CeCl+a uaaarpy arrlrlllea .=mannE n' OATSCALE. 1 , ;!(enlr.l nlq . Tru ty nnA aylota L❑ LIlraanSn Anno uear ny Irutrrn �; t11n + ,)p© t1O 4191]0 A tlaynpa Tru�ln me nr nq in L7).u-n C-tl M7l)J.103:L131tPv711eSF1EE d. 1 of 2.{a cxdp ur ti+n can Cca:nl Tn.a nd Illl n ! l - 3'_Trar.!(pra.`ouniy q...rA7d)ptt3 1tpi1 In 41a rred'Yio DRAWN BY Jb+-K. 1 7G Abn[rd¢I S77 end tr_ 1.4.G N T;H rrrbr —rvvylCumt:-Ah5lrata 8t2 nn y- Iter: —op ar Ln.rain. F.,_ ____ e3Alq Yy urbcn Fn%jTroc In v ♦r•r11 pl r!iich 1■ recerdad In l'ai.ran 3. Puu. 71 dphveee� fa.lnll iz*aaBald 12.!,(J At: Trucl r-r..., a linof lrael 11.un q 11817G Acsa IrdcL kr :1 Ca - Knrrdwly flan.! !r;_mSl.nllahlu 11R J HrC.'. kmoUun bz-fo Firu•rn gild Alyaeu Aar• r3ra.n E=N01NL__L NCC-.+y mer+r{n 1 U?4cvT w.! N-r 2r11:.l71Ir:11 Olfi cidf irvLlic Ti ac ordp of Nu ac4n wrnly Inr;ln Date FleRECEIVED d Ir • Z 9 MAR 2018 • 'Rebecca Huerta City of Corpus Christi City Secretary Develovment Services n..ar�u ae. f i i � f l Si lE f F-.F,{ 43 r i I COUNT)' OF NL).'-CES t CITY OF '.ORPU5 CHRIST) - �pC{. FiON MAP N.'i S. i I OAT- "Orcl, 25. 2018 SCALE' t SAO ENCaInIEEr'iING SltkN�= E fi' 7 or 2 DAM 3Y OC wb-ylaurp Da#e Fled r aolF RECEIVED . Z 9 MAR 2019 + Rebecca Haerta City Secretary City of Corpus Christi Deveiopment Services • • Petition Requesting Annexation by Area Landowners (1 Tract, 13.72 acres) Proposed Resolution to Initiate Annexation City Council Presentation April 17, 2018 Background • The Texas Local Government Code section 43.028 provides for a process that allows a property owner to petition for annexation if certain criteria are in place: (land is half mile or less in width, contiguous to annexing municipality, and is vacant (or with fewer than 3 registered voters) • This resolution is the first step in the process acknowledging the request and sets a schedule to conduct the required public hearings and possible Ordinance adoption that would annex the property. • No decision about the annexation is being made today. • Setting the schedule for the required public hearings and directing staff to develop a service plan. = Background • The petition to be annexed makes the applicant eligible to receive city wastewater service per UDC section 8.5.2.F. • Application received for reimbursement from the Wastewater Trunk Line fund for lift station and other related improvements on March 1 , 2018. • A Wastewater Master Plan was approved for this area in 2017 making the area eligible for trust fund reimbursement. • Consideration of a reimbursement agreement will be the next item for City Council consideration. Aerial Overview of Annexation Tract It o 0 Corpus Christi City Limits y Subject Tract: 13.72 acres Future Phases(118 acres) I{ 3 4 Annexation Tract t N a Corpus Christi City Limits Subject Tract: 13.72 acres Annexation Schedule 4-17-2018 — Future Item on City Council Agenda 4-24-2018 — City Council Annexation Resolution 7-26-2018 — Public Notice for 1 st Public Hearing 8-02-2018 — Public Notice for 2nd Public Hearing 8-14-2018 — 1St City Council Public Hearing 8-21-2018 —2nd City Council Public Hearing 9-18-2018 — 1St Reading of an Ordinance 9-25-2018 — 2nd Reading of an Ordinance —Annexation Complete 0 Staff Recommendation Accept the annexation petition and direct staff to prepare a service plan SC o� �Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of April 17, 2018 "`O"°O""`E�1852 Action Item for the Cit Council Meeting of April 24, 2018 DATE: March 13, 2017 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, Director of Planning and ESI Daniel Mc(c-cctexas.corn (361) 826-7011 Consulting Services for RESTORE Act Project Development and Grant Application Preparation and Submittal CAPTION: Motion authorizing contract with Sarosdy Consulting, Inc., of Austin, Texas, for one year for grant proposal development, submittal and advisor services associated with the RESTORE Act for$49,595 with options to extend for up to two additional one-year periods with a total potential multi-year amount not-to-exceed $148,785. PURPOSE: Authorize execution of a one-year contract with two optional renewals with Sarosdy Consulting to assist with development of potential grant applications from the City for relevant buckets of RESTORE Act funds, as available. BACKGROUND AND FINDINGS: The Resources and Ecosystem Sustainability Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE Act)was enacted in July 2012. According to the 2016 Comprehensive Plan, "The Act calls for a regional approach to restoring the long-term health of the valuable natural ecosystems and economy of the Gulf Coast region. The RESTORE Act dedicates 80 percent of civil and administrative penalties paid under the Clean Water Act, after the date of enactment, by responsible parties in connection with the Deepwater Horizon oil spill to the Gulf Coast Restoration Trust Fund(Trust Fund) for ecosystem restoration, economic recovery, and tourism promotion in the Gulf Coast region. This effort is in addition to the restoration of natural resources injured by the spill that is being accomplished through a separate Natural Resource Damage Assessment (NRDA)under the Oil Pollution Act. A third and related Gulf restoration effort is being administered by the National Fish and Wildlife Foundation(NFWF)using funds from the settlement of criminal charges against BP and Transocean Deepwater, Inc." There are five buckets of RESTORE Act funding: Bucket 1 ($1.9 B) Gulf States Portion, 35 percent, which is divided equally among the five Gulf states to be used for ecological and economic restoration; Bucket 2 ($1.613) Council-Selected Restoration Component, 30 percent of the available funding administered for Gulf-wide ecosystem restoration and protection, according to the Initial Comprehensive Plan developed by the federal RESTORE Act Council Bucket 3 ($1.613) Spill Impact Component, 30 percent is allocated to the states under the according to the formula and regulation approved by the RESTORE Council Bucket 4 ($133.3M) 2.5 percent of the National Oceanic and Atmospheric Administration (NOAA) Science Component(plus 25 percent interest earned) dedicated to the Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and Technology Program Bucket 5 ($133.3M) 2.5 percent to a Centers of Excellence Component (plus 25 percent of interest earned) dedicated to the Centers of Excellence Research Grants Program The RESTORE Council established the following goals for the program: Goal 1: Restore and Conserve Habitat Restore and conserve the health, diversity, and resilience of key coastal, estuarine, and marine habitats; Goal 2: Restore Water Quality and Quantity Restore and protect the water quality and quantity of the Gulf Coast region's fresh, estuarine, and marine waters; Goal 3: Replenish and Protect Living Coastal and Marine Resources Restore and protect healthy, diverse, and sustainable living coastal and marine resources; Goal 4: Enhance Community Resilience Build upon and sustain communities with capacity to adapt to short-and long-term changes; and Goal 5: Restore and Revitalize the Gulf Economy Enhance the sustainability and resiliency of the Gulf economy. In 2016, the State of Texas requested project proposals for the first round of Bucket 1 funds. Below are the projects submitted. None of the projects were selected for consideration. However, several projects proposed by Nueces County were selected. Project Name Description Funding Requested Oso Bay Wetland Construct the 2,446 square foot center, with 785 $1,078,214 Preserve Visitor Center square feet of dedicated space for museum and Exhibit Hall quality educational exhibits, as the last construction phase of the larger Oso Bay Coastal Environmental Learning Center and Wetland Preserve project. Oso Creek/Oso Bay Restore 60 acres of coastal prairie through the $349,000 Prairie Land Restoration removal of non-native invasive grasses and Brazilian Peppertree, and the planting of native species at three parks in the Oso Creek/Oso Bay watershed that the City manages as nature reserves. Acquisition Of Multi-Use Purchase a custom multi-use vessel to: $700,000 Vessel With Trash- mechanize floating marine debris removal, Skimming Capabilities reduce human exposure to health hazards of For Corpus Christi marine debris; simplify solid waste disposal for Marina collecting marine debris; reduce labor cost for trash skimming and waste disposal, and enhance the emergency response capabilities of the Marina. Community-Wide Establish a Community-Wide Rainwater $1,664,160 Rainwater Harvesting Harvesting (RWH) Program by offering rebates Program for the purchase and installation of RWH systems --non-pressurized (i.e., rain barrels) in households of 8,000 residential customers, as well as pressurized systems (i.e., large cisterns with pumping capacity) in 130 residential and commercial customers, over a three-year period. The City would also engage in a robust public outreach initiative to promote the rebate program and to educate the public about stormwater issues and water conservation. TOTAL 1 $3,791,374 The Governor's Office, Rebuild Texas and the Texas Commission on Environmental Quality (TCEQ) are actively identifying potential projects from coastal communities to address impacts from Hurricane Harvey using Bucket 3 funds. The focus is on economic restoration of coastal communities, especially through ecotourism and community resiliency.. The City staff does not currently have the bandwidth to develop potential Bucket 3 projects which meet RESTORE Act eligibility and Bucket 3 goals. Mrs. Sarosdy's expertise would greatly assist the City in this effort. ALTERNATIVES: Not approve the proposed motion to obtain consulting services to pursue RESTORE Act Funding for various Parks and Rec, Marina, Utility and Environmental Projects. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures along with the State statutes regulating procurement. EMERGENCY/NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Planning and ESI, Legal, Intergovernmental Affairs FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $150,00.00 Encumbered/Expended Amount This item $49,595.00 BALANCE $100,405.00 Fund(s): Water Fund Comments: None RECOMMENDATION: Staff recommends approval of the contract with Sarosdy Consulting due to her experience, knowledge, skills and contacts with the highly specialized and unique RESTORE Act process. Funding for the RESTORE Act will be available for many more years and assistance is needed to position the City to take advantage when funds are made available to address infrastructure investments, regulatory mandates, while limiting financial burdens on local tax and rate payers. LIST OF SUPPORTING DOCUMENTS: Presentation Contract Certification of Funds ENVIRONMENTAL CONSULTING AGREEMENT THIS CONSULTING AGREEMENT("Agreement") is made and entered into by and between the City of Corpus Christ, a Texas home-rule municipal corporation ("City"), acting through its duly authorized City Manager or designee, and Sarosdy Consulting, Inc., a Texas corporation with its principal place of business in Austin, Texas ("Consultant"). WITNESSETH: WHEREAS, Consultant is recognized as an expert in matters involving restoration grant funding arising from the April 2010 Deepwater Horizon incident and its legal aftermath; and WHEREAS, Consultant has experience working with contractors managing federal disaster response and recovery funding for a state agency; and WHEREAS, the City desires to retain Consultant to provide services related to and in support of efforts in which Consultant has expertise and experience; and WHEREAS, Consultant is in the business of providing such consulting services and has agreed to provide the services in accordance with the terms and conditions set forth in this agreement; NOW,THEREFORE, in consideration of this Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Services Performed By Consultant: Consultant shall furnish the City with its advice, information,judgment and knowledge with respect to the services related to and in support of efforts in which Consultant has expertise that is to be provided in accordance with this Agreement. Specifically, Consultant shall perform the services with respect to Deepwater Horizon restoration funding described in Exhibit A, which is considered part of the Agreement in its entirety ("Services"). 2. Term: This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator. The parties may mutually extend the term of this Agreement for up to two additional 12-month periods ("Option Periods"), provided the parties do so in writing and prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Early Termination: Either party may terminate this Agreement without cause at any time by giving written notice specifying a termination date at least thirty (30) days subsequent to the date of the notice. Consultant shall be entitled to payment for services performed prior to the effective date of termination. 4. Compensation and Payment:The total value of this Agreement is not to exceed FORTY-NINE THOUSAND FIVEHUNDRED NINETY-FIVEAND ZERO ONE-HUNDREDTHS DOLLARS ($49,595.00), payable in monthly installments as described herein. The first installment should be paid at the end of the month that includes the effective date of the Agreement in the amount of FOUR THOUSAND ONE HUNDREDTHIRTY-TWO AND EIGHTY-EIGHTONE-HUNDREDTHS DOLLARS ($4,132.88), and additional monthly installments should be paid at the end of each following month in the amount of FOURTHOUSAND ONE HUNDRED THIRTY-TWO AND NINETY-TWO ONE-HUNDREDTHS DOLLARS Consulting Agreement between City of Corpus Christi and Sarosdy Consulting 03/15/18 Page 1 of 8 ($4,132.92), subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. S. Contract Administrator. The Contract Admistrator designed by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Sharon Bailey Lewis, Environmental Program Specialist 6. Confidentiality. Consultant shall treat its performance hereunder and all information generated in the performance of this Agreement, whether the property of City or Consultant, as confidential, and shall not release such information to any governmental agency or third party without the written consent of City, unless the release of such information is required by a lawful court order. Consultant shall not publicize the performance of services for the City in any sales brochure, resume of work, or reference list without City's written consent. These obligations shall continue beyond the termination of this Agreement. 7. Breach: In the event of a breach hereunder and a failure to cure such breach within thirty (30) days of written notice of such breach, this Agreement may be terminated by either party upon written notice. 8. Severability:The provisions of this Agreement are severable, and if any one or more provisions may be determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions, and any partially enforceable provision to the extent enforceable in any jurisdiction, shall nevertheless be binding and enforceable. 9. Assignment: The rights and obligations of the City under this Agreement shall inure to the benefit of and shall be binding upon the successors and assigns of the City. The rights, obligations and duties of Consultant hereunder may not be assigned or delegated without the City's prior written consent. 10. Relationship of the Parties. Consultant is and shall be an independent contractor and, subject only to the terms of this Agreement, shall have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Agreement. Nothing contained in this Agreement shall be deemed or construed to create a partnership or joint venture, to create relationships of an employer-employee or principal- agent, or to otherwise create for City any liability whatsoever with respect to the indebtedness, liabilities, and obligations of Consultant. Consultant may not use subcontractors in connection with the work performed under this Agreement except with prior written approval of the Contract Administrator. In using subcontractors, the Consultant is responsible for all of their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Consultant. All requirements set forth as part of this Agreement, including the necessity of providing a certificate of insurance in advance to the City as applicable to all subcontractors and their employees to the same extent as if the Consultant and its employees had performed the work. Consulting Agreement between City of Corpus Christi and Sarosdy Consulting 03/15/18 Page 2 of 8 11. Warranty: Consultant warrants that all services performed under this Agreement shall be performed consistent with generally prevailing professional or industry standards. City must report any deficiencies in Consultant's services to Consultant in writing within sixty (60) days of performance to receive warranty remedies. City's exclusive remedy for any breach of the above warranty shall be the re-performance of Consultant's services. If Consultant is unable to re-perform the services, City shall be entitled to recover the fees paid to Consultant for the deficient services. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY ORAL OR WRITTEN REPRESENTATIONS, PROPOSALS OR STATEMENTS MADE PRIOR TO THIS AGREEMENT. 12. Taxes: The charges included here do not include taxes. Consultant acknowledges and agrees that it shall be solely responsible to pay any and all taxes including but not limited to payroll, FICA, corporate and franchise taxes on any moneys earned from City while performing services contemplated under this Agreement. 13. Notices: Any notices or other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given and delivered when delivered in person, three (3) days after being mailed postage prepaid by certified or registered mail with return receipt requested, or when delivered by overnight delivery service or by facsimile to the recipient at the following address or facsimile number, or to such other address or facsimile number as to which the other party subsequently shall have been notified in writing by such recipient: If to the City: City of Corpus Christi Attn: Sharon Bailey Lewis, Environmental Program Specialist P.O. Box 9277 Corpus Christi, TX 78469-9277 Phone: (361) 826-4066 Email: SharonL@cctexas.com If to the Consultant: Jane Sarosdy Sarosdy Consulting, Inc. 13505 Lamplight Village Avenue Austin, TX 78727-1509 Phone: 512.217.1223 Fax: 512.223.2978 Email: lane@sarosdyconsulting.com Consulting Agreement between City of Corpus Christi and Sarosdy Consulting 03/15/18 Page 3 of 8 14. Remedies. Either party's failure to enforce any provision or provisions of this Agreement shall not in any way be construed as a waiver of any such provision or provisions as to prior or future violations thereof or of any other provision of this Agreement, nor prevent that party thereafter from enforcing each and every other provision of this Agreement. The rights granted the parties herein are cumulative and the waiver by a party of any single remedy shall not constitute a waiver of such party's right to assert all other legal remedies available to him or it under the circumstances. 15. Governing Law and Venue. This Agreement shall be governed by, and construed according to, the substantive laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Agreement shall be in a court of competent jurisdiction in Nueces County, Texas. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED ASA WAIVER OF SOVEREIGN IMMUNITY BY CITY. 16. Use of Pronouns. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural. 17. Entire Agreement. With respect to its subject matter, this Agreement constitutes the entire understanding of the parties superseding all prior agreements, understandings, negotiations and discussions between them whether written or oral, and there are no other understandings, representations, warranties or commitments with respect thereto. 18. Original Documents. This Agreement may be signed in one or more counterparts, each of which when exchanged will be deemed to be an original, binding upon the parties as if a single document had been signed by all, and all of which when taken together will constitute the same agreement. Any true and correct copy of this Agreement made by customary, reliable means (e.g., photocopy or facsimile) shall be treated as an original. 19. Modifications. No modification to this Agreement, nor any waiver of any rights, will be effective unless assented to in writing by the party to be charged. 20. Indemnification. CONSULTANT COVENANTS TO FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY, ITS RESPECTIVE OFFICERS, EMPLOYEES, AND AGENTS ("INDEMNITEES")AGAINST ALL LIABILITY, DAMAGE, LOSS, CLAIMS DEMANDS, AND ACTIONS OF ANY KIND ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITING THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH CONSULTANT ACTIVITIES CONDUCTED UNDER OR INCIDENTAL TO THIS AGREEMENT. CONSULTANT MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL THOSE CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED ON THOSE CLAIMS AND DEMANDS WITH COUNSEL SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COST AND EXPENSES OF ANY KIND ARISING FROM THE LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS. 21. Insurance. Before performance can begin under this Agreement, Consultant must deliver a certificate of insurance ("C01") as proof of the required insurance coverages to the City's Consulting Agreement between City of Corpus Christi and Sarosdy Consulting 03/15/18 Page 4 of 8 Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be provided copies of all insurance policies within 10 days of the City Manager's written request. Consultant shall provide insurance as required by the attached Exhibit B. 22. Disclosure of Interests. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement. Consultant agrees to comply with Texas Government Code Section 2252.908 and complete and submit Form 1295 Certificate of Interested Parties. Consultant agres to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office is required. The signatory executing this Agreement on behalf of Consultant verifies that the Consultant does not boycott Israel and will not boycott Israel during the term of this Agreement. 23. Non-appropriation of funds. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30'h annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council sole discretion when adopting each budget. 24. Duties upon termination or expiration of this Agreement. Within 30 days of termination or expiration of this Agreement, Consultant shall provide City with copies of all records created or maintained by Consultant arising under this Agreement. 25. Authority To Execute. The person(s) executing this agreement hereby represent and warrant that each respectively has the authority to execute this agreement on behalf of the party for which he is executing. The remainder of this page is intentionally left blank. Consulting Agreement between City of Corpus Christi and Sarosdy Consulting 03/15/18 Page 5 of 8 IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the Effective Date set forth in Paragraph 3 herein. CITY OF CORPUS CHRISTI Sarosdy Consulting, Inc. Margie C. Rose (Date) Jane Sarosdy (Date) City Manager President 13505 Lamplight Village Avenue Austin, TX 78727 512/217-1223 Office 512/233-2978 Office Fax RECOMMENDED Daniel McGinn (Date) Assistant Director of Environmental and Strategic Initiatives APPROVED Office of Management and Budget (Date) APPROVED AS TO LEGAL FORM Legal Department (Date) Project Number:XXXXXXXXXXXX Funding Source:530000-4010-30030 Encumbrance Number: Consulting Agreement between City of Corpus Christi and Sarosdy Consulting 03/15/18 Page 6 of 8 EXHIBIT A SCOPE OF SERVICES As part of the City of Corpus Christi's contract with Sarosdy Consulting, Inc. ("Consultant"), the City requires the following Scope of Services: • Task 1: Provide assistance in developing strategies to achieve successful outcomes for available grant funds from Deepwater Horizon restoration funders (e.g., Gulf Coast Ecosystem Restoration Council, National Fish & Wildlife Foundation, Deepwater Horizon Natural Resource Damage Assessment Trustees, TCEQ's RESTORE Act Grant Program) to support City's environmental, infrastructure, economic sustainability and resiliency goals. • Task 2: Provide assistance to City staff as appropriate by helping to formulate and review project goals, budgets, scopes of work, estimated budgets, permit applications (where applicable), and similar documents to develop projects aligned with the Deepater Horizon funders' and the State of Texas' frameworks, guidelines, or other relevant plans for available restoration grant funding opportunities which achieve City's environmental, infrastructure, economic sustainability and resiliency goals. • Task 3: Assist in coordinating the collection of critical environmental, economic, financial, demographic, and other necessary data for projects aligned with the Deepwater Horizon restoration funders' and the State of Texas' frameworks, guidelines, or other relevant plans and to advocate the City's project submittals and promote successful grant award funding decisions. • Task 4: With the review and approval of City departmental staff, prepare and submit applications for available grant funding opportunities which achieve City's environmental, infrastructure, economic sustainability and resiliency goals for projects aligned with the Deepwater Horizon restoration funders' and the State of Texas' frameworks, guidelines, or other relevant plans. • Task 5: Assist in developing partnerships and collaborations on project submittals with other governmental entities and non-governmental organizations which achieve City's environmental, infrastructure, economic sustainability and resiliency goals for projects aligned with the Deepwater Horizon restoration funders' and the State of Texas' frameworks, guidelines, or other relevant plans. • Task 6: Provide assistance to City staff to gain an understanding of federal and state disaster response and recovery programs of potential benefit to the City in the aftermath of Hurricane Harvey and guidance as appropriate in procuring and working with contractors to help the City obtain funding and reimbursement through such programs. • Task 7: Work with any necessary subcontractors or consultants approved by City Consulting Agreement between City of Corpus Christi and Sarosdy Consulting 03/15/18 Page 7 of 8 contract administrator/project manager to accomplish the tasks and achieve the successful outcomes of the contract. • Task 8: Attend meetings, conferences, hearings, and events as assigned by the contract manager or project manager to represent the City and its interests. May be authorized to speak on behalf of the City. • Task 9: Additional duties may be requested by the contract manager or project manager to accomplish the tasks and achieve the successful outcomes of the contract. Consulting Agreement between City of Corpus Christi and Sarosdy Consulting 03/15/18 Page 8 of 8 TEXAS RESTORE ACT PROGRAM Consultant Contract Future Item Council Presentation l� April 17, 2018 i opus ch Vo Rf O 1 TEXAS FROM DEEPWATER HORIZON Y I h �BSz SLTF$1.2 billion,NAWCF$100 million, CWACivil Criminal Treasury$6 million N R DA NAS Gulf Research Program$500 million Penalties Penalties $8.1 billion $6.7 billion $4.4 billion NFWFGEBF$2.5 TX Share billion $Z03 million TX Share 80%RESTORE ACT$5.3 billion $238 million Bucket 1 Bucket 3 Bucket 2 Bucket 4 5 States split 5 States split 35%=$1.9 billion 30%=$1.6 billion 30%_$1.6 billion 2.5%_$133 million NRDA Trustee Implementation NOAA REsroRE TX Share TX Share RESTORE Science Program Group (TIG) NOAA,usl=ws, EPA, $373 W,inllion $121 million Council USDA NOAA,USFWS,DOD, BUCket S State Trustees Commissioner Toby DHS,EPA,USDA,AL, 2.5°6=$133 million Baker,TCEQ �� FL,LA,MI,TX 5 States Centers of Governor Greg Abbott U.S.Treasury Excellence Department TX State Trustee TX State Trustee TX State Trustee TX Share$26 million TPWD TCECL GLO TEXAS RESTORE BUCKET 1 FUNDING =MMMMM $95,857,196 $21,241,379 $21,241,379 $21,241,379 $21,241,379 $21,241,379 $21,241,379 Total Balance $117,098,575 $138,339,954 $159,581,334 $180,822,713 $202,064,092 $223,305,471 MMMM=MM $21,241,379 $21,241,380 $21,241,379 $21,241,379 $21,241,379 $21,241,379 $21,241,382 $244,546,850 $265,788,230 $287,029,608 $308,270,987 $329,512,366 $350,753,745 $371,995,127 EVALUATION CRITERIA USED IN W,F SELECTING TEXAS BUCKET 1 PROJECTS "Priorities For Restore Funded Projects" https://www.restorethetexascoast.org/wp- content/uploads/2014/0a/PrioritiesDocument_Posted.pdf AECONOMIC BENEFITS 25 Points D.PROJECT LOGISTICS 20 Points J •ob Creation and Retention •Project Readiness&Planning •Benefits Economy through Infrastructure Projects •Likelihood of Success •Promotes Economic Resiliency •Long-term Operation&Management •Beneficial Impacts to Local&Regional Economy •Success Criteria&Monitoring •Promotes Tourism,Eco-Tourism,Recreation&Wildlife Tourism •Based on Best Available Science •Promotes Gulf Seafood Marketing •Cost-Effectiveness B.ENVIRONMENTAL BENEFITS 25 Points •Restores,Conserves&Preserves Habitat E.COMMUNITY ENGAGEMENT 20 Points •Protects or Enhances Rare and Threatened Resources •Public Support&Participation •Replenishes&ProtectsLiving Coastal&Marine Resources •Financial Partners&Funding •Restores&Protects Water Quality and Quantity •Contributes to Landscape Level Environmental Enhancement DISCRETIONARY AUTHORITY C.COMPREHENSIVE FACTORS 20 Points The final project application rankings are compiled and submitted to the Governor and/or •Complements Other Projects his designee for review and final approval.The Governor or his designee may make •Promotes Community Resiliency changes to the project rankings upon consideration of other discretionary factors related to •Promotes Ecological Resiliency protecting,preserving,restoring,or enhancing the natural and economic resources of the •Part of a Federal,State or Local Coastal Plan Texas coast. •Promotes Recreational,Historical,Cultural&Educational Uses 4 opus cy Program'�~ m TCEQ & Governor's Office X852 Applications Reviewed List of 28 Bucket 1 TCEQ Bucket 1 TCEQ Bucket 1 by State Agency Staff& projects in Draft MIP Draft MIP Public Request for Grant Applications Governor's Office Released for Public Comment Period Ends Applications Submitted Apri12016—March Comment May 2017 January 2016 April 2016 2017 March 2017 Draft MIP Public Final MIP Released and Treasury Accepts TCEQ Invites Some MIP TCEQ Will Submit Comment Period Ends Submitted to Treasury Texas MIP Projects To Apply for APPlications for May 2017 November 2017 December 2017 funding Individual Projects To March 2018 Treasury Treasury Will Award TCEQ Will Invite Bucket 1 Grant Funds TCEQ Will Enter Into TCEQ Will Issue New Subgrant Agreements Remaining MIP to TCEQ for Individual Request for Grant for Individual Projects projects To Apply for Projects Funding Applications Texas Bucket 3 Program TCEQ & Governor's Office TCEQ&Governor'sOffice Working on TCEQ&Governor's Bucket 3 Initial 4 Office Will Release Draft SEP Public Final SEP Will Be Council Will Approve Programmatic State M V Comment Period Will Draft Expenditure Plan Comment End to RESTORE Council March 2018 1 TCEQ Will Issue Work Orders for SEP Approved Projects • TCEQ has not issued a request for grant applications or a call for informal proposals for Bucket 3 • TCEQ is working the John Sharp's Commission to Rebuild Texas to develop a programmatic SEP that will fund projects that help with recovery from Hurricane Harvey C� TEXAS RESTORE BUCKET 3 FUNDING $31,139,895 $6,900,414 $6,900,413 $6,900,414 $6,900,414 $6,900,414 $6,900,414 Total Balance $38,040,309 $44,940,722 $51,841,136 $58,741,550 $65,641,964 $72,542,378 $6,900,414 $6,900,414 $6,900,414 $6,900,414 $6,900,414 $6,900,414 $6,900,412 $79,442,792 $86,343,206 $93,243,620 $100,144,034 $107,044,448 $113,944,862 $120,854,274 Texas Bucket 3 3 City Priority Categories • Water Quality/Quantity • Ecotourism/Economic Revitalization • Infrastructure Resiliency and Sustainability !@ Action Request April 17, 2018 Approve a motion authorizing contract with Sarosdy Consulting, Inc., of Austin, Texas, for one year for grant proposal development, submittal and advisor services associated with the RESTORE Act for $49,595 with options to extend for up to two additional one-year periods with a total potential multi-year amount not-to-exceed $148,785. QUESTIONS? SC o� Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of April 17, 2018 "`O""°p"`E1852 Action Item for the Cit Council Meeting of April 24, 2018 DATE: March 27, 2018 TO: Margie C. Rose, City Manager FROM: Dan McGinn, Director, Planning and Environmental and Strategic Initiatives DanMc@cctexas.com 361.826.7100 Interlocal Agreement for soil analysis CAPTION: Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Texas A&M AgriLife Extension Service in an amount not to exceed $2,400 for the implementation of a soil testing program. PURPOSE: This item is to approve the Interlocal Agreement with Texas A&M AgriLife Extension for soil analysis Collection of data to determine the extent of impact that the overuse of pesticides and herbicides have on Coastal receiving waters in Nueces Bay, Corpus Christi Bay, Oso Bay and Oso Creek. BACKGROUND AND FINDINGS: The City's Pesticide General Permit and Nueces County/City of Corpus Christi LEPC Risk Awareness Subcommittee Education and Outreach objectives include general awareness of and proper use and disposal of hazardous substances. This Interlocal agreement will provide soil sampling, data collection and analysis of pesticides, herbicides and fertilizers in Stormwater runoff and possible impacts to the impaired waters and hazardous algae blooms in the bays and estuaries of Corpus Christi. The project will also be used to promote and publicize the proper use, application and disposal of pesticides, herbicides and fertilizers. ALTERNATIVES: Do not adopt the resolution recommending funding. 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: Environmental and Strategic Initiatives Legal FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget 150,000.00 Encumbered / Expended Amount This item 2,400.00 BALANCE 147,600.00 Fund(s): Water Fund Comments: None RECOMMENDATION: Staff recommends adoption of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Interlocal Agreement Pesticide Discharge Management Plan Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Texas A&M AgriLife Extension Service in an amount not to exceed $2,400 for the implementation of a soil testing program. WHEREAS, Texas A & M AgriLife Extension Service and the City of Corpus Christi ("City") are authorized by Chapter 791 of the Texas Government Code to enter into an interlocal cooperation contract; 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; WHEREAS, Section 791.035 provides that if the terms of the contract provide for payment based on cost recovery, any law otherwise requiring competitive procurement does not apply to the functions and services covered by the contract; WHEREAS, in 2012, the City received its Texas Pollution Discharge Elimination System (TPDES) Permit No. TXG870011 from the Texas Commission on Environmental Quality with respect to the discharge of biological and or chemical pesticides that leave a residue to water when such applications are made into or over, including near waters of the United States (U.S.) under the terms and conditions imposed by the Pesticide General Permit TXG870000 WHEREAS, in accordance with its PGP Permit, the City developed a Pesticide Discharge Management Plan (the "PDMP"); WHEREAS, the City seeks a program element to promote and publicize the proper use, application, and disposal of household chemicals including, pesticides, herbicides, and fertilizes by public, commercial, and private applicators and distributors; WHEREAS, the City will coordinate with the Texas AgriLife Extension Center to sponsor free soil testing for City of Corpus Christi residents; 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 Agrilife Extension Service for a soil testing program. 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: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn INTERLOCAL COOPERATION AGREEMENT BETWEEN TEXAS A&M AGRILIFE EXTENSION SERVICE AND THE CITY OF CORPUS CHRISTI REGARDING SOIL TESTING PROGRAM WHEREAS, Texas A&M AgriLife Extension Service ("AGLF") and the City of Corpus Christi ("City") are authorized by Chapter 791 of the Texas Government Code to enter into an interlocal cooperation contract; 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; WHEREAS, Section 791.035 provides that if the terms of the contract provide for payment based on cost recovery, any law otherwise requiring competitive procurement does not apply to the functions and services covered by the contract; WHEREAS, in 2012, the City received its Texas Pollution Discharge Elimination System (TPDES) Permit No. TXG870011 from the Texas Commission on Environmental Quality with respect to the discharge of biological and or chemical pesticides that leave a residue to water when such applications are made into or over, including near waters of the United States (U.S.) under the terms and conditions imposed by the Pesticide General Permit TXG870000 WHEREAS, in accordance with its PGP Permit, the City developed a Pesticide Discharge Management Plan (the "PDMP"); WHEREAS, the City seeks a program element to promote and publicize the proper use, application, and disposal of household chemicals including, pesticides, herbicides, and fertilizes by public, commercial, and private applicators and distributors; WHEREAS, the City will coordinate with the Texas AgriLife Extension Center to sponsor free soil testing for City of Corpus Christi residents; NOW, THEREFORE, the parties hereto agree as follows: 1. PURPOSE. The purpose of this Agreement is for AGLF to provide Soil Testing and Analysis services for City of Corpus Christi residents as further described in Exhibit A. 2. STATEMENT OF WORK. AGLF agrees to perform all services as outlined in Exhibit A. 3. PERIOD OF PERFORMANCE. The work described in Exhibit A shall be conducted through August 31, 2019, unless earlier terminated in accordance with Section 5 below. Page 1 of 5 4. PRICE AND PAYMENT. A. As compensation for the performance of services and work performed under this Agreement, the City agrees to pay AGLF $8.00 per soil test analysis, not to exceed $2,400.00, which AGLF acknowledges is full cost recovery of all services provided by or thru AGLF under this Agreement. B. The parties agree that all expenditures under this agreement shall be paid with current revenues of the paying party. C. The parties acknowledge that continuation of this agreement beyond City's current fiscal year is subject to annual budget process and appropriation of funds. D. Invoices for compensation shall be submitted to the following address: City of Corpus Christi Attn: Environmental and Strategic Initiatives Department P.O. Box 9277 Corpus Christi, TX, 78469-9277 5. TERMINATION. Performance under this agreement may be terminated by either party with or without cause upon 90 written notice. 6. NOTICES. All notices to parties under this Agreement shall be in writing and sent to the names and address stated below. Either party to the Agreement may change the name and address by notice to the other in accordance herewith, and any change shall take effect immediately upon receipt of the notice. AGLF Texas A&M AgriLife Extension Service 2147TAMU College Station, TX 77843-2147 CITY City of Corpus Christi Attn: Environmental and Strategic Initiatives P.O. Box 9277 Corpus Christi, TX, 78469 7. AMENDMENTS AUTHORIZED. The representatives who were authorized to sign this agreement are authorized to execute minor amendments to this agreement, to extend deadlines or minor changes in the scope of work. Page 2 of 5 8. SEVERABILITY. If any of the provisions of the agreement in 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 AGLF 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. 9. DISPUTE RESOLUTION PROCESS. To the extent applicable, the dispute resolution procedures provided in Chapter 2260 of the Texas Government Code will be used to resolve contract claims under this contract 10. 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. Page 3 of 5 TEXAS A&M AGRILIFE EXTENSION SERVICE By: Name: Stephen A. Schulze Title: Asst. Vice Chancellor for Administration Texas A&M AgriLife Date: CITY OF CORPUS CHRISTI ATTEST By: Rebecca Huerta Margie C. Rose City Secretary City Manager APPROVED AS TO FORM: This day of , 2018 Lisa Aguilar, Assistant City Attorney For City Attorney Page 4 of 5 EXHIBIT A Description of Routine Soil Test Analysis to be Performed by AGLF The Soil, Water and Forage Testing Laboratory, Department of Soil and Crop Sciences, Texas A&M AgriLife Extension Service will conduct a routine analysis of each soil sample submitted. A Routine analysis checks for pH, nitrate, nitrogen, phosphorus, potassium, calcium, magnesium, sodium, sulfur and Conductivity. Page 5 of 5 City of Corpus Christi Pesticide Discharge Management Plan Environmental Services Department P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361 ) 826-3245 Prepared pursuant to the General Permit to Authorize Point Source Discharge of Biological Pesticides and Chemical Pesticides that Leave a Residue in Water — Texas Pollutant Discharge Elimination System General Permit No. TXG870000, effective November 2, 2011. Revised 10/24/2016 Sharon Bailey Lewis, CHMM, CSI,CESCO City of Corpus Christi Pesticide Discharge Management Plan Texas Pollutant Discharge Elimination System General Permit No. TXG870000 Signature Page I, Margie C. Rose Title: City Manager (Typed or printed name) Certify under penalty of law that this document and attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware there are significant penalties for submitting false information, including the possibility of fine and imprisonment for known violations. Signature: Date: Subscribed and Sworn to before me by the said (Title) on this day of , 20 My commission expires on the day of 120 Notary Public [SEAL] County, Texas City of Corpus Christi Pesticide Discharge Management Plan Revision 2.0 December 2016 TABLE OF CONTENTS Page Listof Tables .......................................................................................................................... iii Listof Abbreviations................................................................................................................ iv 1.0 Introduction ..................................................................................................................... 1-1 2.0 Pesticide Discharge Management Team and Responsibilities......................................... 2-1 3.0 Problem Identification....................................................................................................... 3-1 3.1 Pest Problem Description ............................................................................................ 3-1 3.1.1 Pest Management Area Geographic Boundaries................................................... 3-1 3.1.2 Pesticide Patterns for Each Treatment Area.......................................................... 3-2 3.1.3 Target Pests.......................................................................................................... 3-2 3.2 Action Threshold........................................................................................................... 3-4 3.2.1 Mosquitoes as Domestic Pests .............................................................................. 3-4 3.2.2 Mosquitoes as Vector-Borne Disease Pests........................................................... 3-4 3.3 Water Body Impairments .............................................................................................. 3-5 3.4 Target Pest Densities ................................................................................................... 3-5 4.0 Evaluation and Selection of Pest Management Strategies .............................................. 4-1 4.1 Evaluation of Pest Management Strategies ................................................................... 4-1 4.1.1 No Action ................................................................................................................ 4-1 4.1.2 Prevention............................................................................................................... 4-1 4.1.3 Physical and Mechanical Methods ......................................................................... 4-2 4.1.4 Cultural Methods.................................................................................................... 4-2 4.1.5 Biological Control Agents ....................................................................................... 4-2 4.1.6 Pesticide Application .............................................................................................. 4-2 4.2 Summary of Implemented Pest Management Strategies.................................................. 4-3 5.0 Response Procedures..................................................................................................... 5-1 5.1 Spill Response Procedures........................................................................................... 5-1 5.1.1 Procedures for Stopping, Containing, and Cleaning up Leaks, Spills and Other Releases.......................................................................................................................... 5-1 5.1.2 Equipment and Training for Spills and Clean-ups................................................... 5-3 5.1.3 Procedures and Schedules to Minimize Potential for Spills and Leaks.................... 5-3 5.1.4 Chain of Command for Spill Notifications ................................................................ 5-3 5.2 Equipment Maintenance Schedules and Procedures.................................................... 5-4 5.3 Adverse Incident Response Procedures....................................................................... 5-4 5.4 Visual Evaluations ........................................................................................................ 5-7 6.0 Pesticide Discharge Management Plan Modifications ..................................................... 6-1 i City of Corpus Christi Pesticide Discharge Management Plan Revision 2.0 December 2016 APPENDICES Appendix A General Location Map Appendix B Pesticide General Permit Appendix C Self-Certification Form for Level IB Operators Appendix D Adverse Incident Notifications and Reports Appendix E Spill or Leak Notifications and Reports Appendix F Agreements with Contractors Appendix G Pesticide Application Log and Reports Appendix H Pesticide Discharge Management Plan Modification Log Appendix I Other Noncompliance Reports Appendix J Annual Reports Appendix K Certifications and Licenses ii City of Corpus Christi Pesticide Discharge Management Plan Revision 2.0 December 2016 LIST OF TABLES No. Description Page 2-1 Pesticide Discharge Management Team and Responsibilities............................... 2-2 3-1 Classified Receiving Waters within the City Limits of Corpus Christi...................... 3-2 5-1 Important Contact Information ............................................................................... 5-6 City of Corpus Christi Pesticide Discharge Management Plan Revision 2.0 December 2016 LIST OF ABBREVIATIONS EPA United States Environmental Protection Agency NJLT New Jersey Light Traps NOI Notice of Intent PDMP Pesticide Discharge Management Plan PGP Pesticide General Permit TCEQ Texas Commission on Environmental Quality TDA Texas Department of Agriculture US United States iv City of Corpus Christi Pesticide Discharge Management Plan Revision 2.0 December 2016 1.0 INTRODUCTION The Texas Commission on Environmental Quality (TCEQ) regulates the point source discharge of biological and chemical pesticides that leave a residue in water through General Permit No. TXG870000, also known as the Pesticide General Permit (PGP). The PGP became effective on November 2, 2011, and applies to entities that discharge pesticides to waters of the United States (U.S.). In anticipation of the issuance of the PGP, the City of Corpus Christi (City) conducted an inventory of pesticide application activities to determine whether the pesticide application activities conducted by the City would be regulated by this permit. The results of the inventory indicated that the City's pesticide use patterns were subject to provisions in the PGP. In accordance with the PGP, the City is considered a Level IA operator. A Level IA operator must obtain permit authorization and comply with permit provisions. Authorization is obtained by submitting a Notice of Intent (NOI) to the TCEQ. Provisions in the PGP require Level IA operators to prepare and implement a Pesticide Discharge Management Plan (PDMP). The PDMP describes pesticide application activities and response procedures. It is a "living document" meaning it is subject to being updated as necessary in order to improve pesticide application procedures for activities regulated by this permit. In accordance with the PGP, the following elements must be included in a PDMP: • Pesticide Discharge Management Team • Problem Identification • Evaluation and Selection of Pest Management Strategies • Response Procedures This PDMP satisfies requirements in the PGP and provides a tool for managing records of pesticide applications covered under the PGP. The PDMP may also serve as a records management tool for pesticide applications not required for coverage by the PDMP. The City applies pesticides, such as mosquito larvicides, that are applied to waters of the U.S., but in amounts that do not exceed thresholds listed in the PGP. Although inclusion of these pesticide applications in the PDMP is not required, records and other documentation may be filed along with this PDMP for logistical purposes. This PDMP includes the following Appendices, which are referenced from time to time throughout this document: APPENDIX A: General Location Map — This map indicates the Pest Management Area and Treatment Areas within the City. APPENDIX B: Pesticide General Permit — This is a complete copy of the PGP for reference purposes. 1-1 City of Corpus Christi Pesticide Discharge Management Plan Revision 2.0 December 2016 APPENDIX C: Notice of Intent for Level 1A Operators — This is a copy of the current NOI that was submitted to the TCEQ Central office in order to obtain PGP permit coverage. APPENDIX D: Acknowledgement Letter from Texas Commission on Environmental Quality — This is a copy of the TCEQ's acknowledgement that the NOI was submitted and has been accepted by the TCEQ. APPENDIX E: Adverse Incident Notifications and Reports — Copies of any Adverse Incident Notifications and Reports are maintained in this appendix (See PGP Part III, Sections F.2 and F.3 for required information). APPENDIX F: Spill or Leak Notifications and Reports — Copies of any spill or leak reports are maintained in this appendix (See PGP Part III; Sections F.4 and F.5 for required information). APPENDIX G: Pesticide Application Log and Reports—A record of pesticide application events is maintained in this appendix. In addition, reports of changes made as a result of unauthorized releases or discharges are maintained in this appendix. APPENDIX H: Pesticide Discharge Management Plan Modification Log —This appendix includes a record of changes made to the PDMP. The actual changes will be incorporated directly into the PDMP, where appropriate. APPENDIX I: Other Noncompliance Reports — Any reports to the TCEQ of non- compliance are maintained in this appendix. (See PGP Part III, Section F.6 for required information). APPENDIX J: Annual Reports — Copies of annual reports, as required by the PGP, are maintained in this appendix. (See PGP Part III, Section F.1 for required information) APPENDIX K: Certifications and Licenses — Copies of pesticide applicator certifications and licenses currently held by the City are maintained in this appendix. In accordance with Part III, Section D.3 of the PGP, a copy of this PDMP will be maintained at the address provided in the NOI and made immediately available to the TCEQ upon request. 1-2 City of Corpus Christi Pesticide Discharge Management Plan Revision 2.0 December 2016 2.0 PESTICIDE DISCHARGE MANAGEMENT TEAM AND RESPONSIBILITIES Table 2-1 provides a list of the team members responsible for pesticide management activities within the City. The following satisfies requirements described in Part III, Section D.1.a. of the PGP. 2-1 City of Corpus Christi Pesticide Discharge Management Plan Revision 2.0 December 2016 Table 2-1 Pesticide Discharge Management Team and Responsibilities Decision-Maker: Person responsible for managing pests in the pest management area Department: Animal Control Title: Program Manager Name: Captain William Broyles Address: 2626 HollyRoad City, State, Zip Code: Corpus Christi, Texas 78415 Telephone Number: (361) 826-4602 Email Address: Williambr cctexas.com PDMP Contact: Person responsible for developing and revising the PDMP Department: Environmental Services Title: Environmental Program Specialist Name: Sharon Bailey Lewis Address: P.O. Box 9277 City, State, Zip Code: Corpus Christi, Texas 78469-9277 Telephone Number: (361) 826-4066 Email Address: SharonL cctexas.com Corrective Actions Contact: Person responsible for developing, revising, and implementing corrective actions and other effluent limitation requirements Department: Environmental Services Title: Environmental Program Specialist Name: Sharon Bailey Lewis Address: P.O. Box 9277 City, State, Zip Code: Corpus Christi, Texas 78469-9277 Telephone Number: (361) 826-4066 Email Address: SharonL cctexas.com Pesticide Applicator(s): Person(s) responsible for applying pesticides Department: Animal Control Title: Supervisor Name: Danni Alcantara Address: 2626 Holly Road City, State, Zip Code: Corpus Christi, Texas 78415 Telephone Number: 361 826-1304 Email Address: DanniA cctexas.com Additional Team Members Responsibility: Name: 1. Pesticide Applicator Blas Sanchez 2. Pesticide Applicator Jose "Tony" Pantoja 3. Pesticide Applicator Benny Alaniz 2-2 City of Corpus Christi Pesticide Discharge Management Plan Revision 2.0 December 2016 3.0 PROBLEM IDENTIFICATION This section describes the pest problem, provides action thresholds for pest management, lists any pesticide water body impairments, and provides procedures to determine target pest densities. The following satisfies requirements described in Part III, Section D.1.b. of the PGP. The following terms are used in this section and throughout the PDMP: • Pest management area — A contiguous area of land where the permittee is responsible for and is authorized to conduct pest management activities under the PGP. In this case, the term "land" includes waters of the U.S. • Treatment area — An area of land within the Pest Management Area where pesticides are being applied at a concentration adequate to control the targeted pests. • Action Threshold — The point at which pest populations cannot be tolerated for economic, human health, aesthetics, or other reasons. Reaching an Action Threshold necessitates the implementation of "action threshold procedures" including pest control actions aimed at mitigating the pest problem. • Pesticide use patterns — A description of the type of pests being controlled and/or the location and method of pesticide application. • Adverse Incident — An incident involving pesticides covered under the PGP in which there is evidence that a person or non-target organism has probably been exposed to the pesticide; and in which the affected person or non-target organism suffered a toxic or adverse effect. Additional discussion of these terms may be found in Appendix B, which is a copy of the Pesticide General Permit. 3.1 Pest Problem Description The description of the pest problem includes identification of the geographic boundaries of the pest management area, discussion of the pesticide use patterns, and identification of target pests in the City. 3.1.1 Pest Management Area Geographic Boundaries Corpus Christi, located in the coastal bend of Texas, consists of approximately 500 square miles of incorporated area. Approximately 160 square miles (or 30%) is land, and 340 square miles is water. Figure A-1 in Appendix A is a general location map of the designated area covered by the City's PGP. The figures in Appendix A illustrate that there are a number of water bodies within the City considered to be waters of the U.S. These include the classified receiving waters represented in Table 3-1 and Figure A-2 of Appendix A. The City also owns two reservoirs on the Nueces River, Choke Canyon Reservoir and Lake Corpus Christi. These water bodies are not within the corporate boundaries of the City, and because of limited pesticide application activities by the City, are not considered to be under jurisdiction of the 3-1 City of Corpus Christi Pesticide Discharge Management Plan Revision 2.0 December 2016 City's PGP. Although the City's drinking water reservoirs are outside the City limits, there are several classified water bodies within the City (Table 3-1 and Appendix A). Table 3-1 Classified Receiving Waters within the City Limits of Corpus Christi Receiving Water Segment# Nueces River Tidal 2101 Nueces River 2102 Corpus Christi Bay 2481 Nueces Bay 2482 Inner Harbor 2484 Oso Bay 2485 Oso Creek 2485(a) -Laguna Madre 2491 Gulf of Mexico 2501 Figures A-1 and A-2 of Appendix A demonstrate that waters of the U.S. are scattered throughout the City and range from small streams to major rivers and bays. Since there is such a predominance of water bodies throughout the area, potential mosquito pest problems cannot be isolated to one particular area. Therefore, the pest management area for aerial spraying of adult mosquito pesticides is defined as the corporate boundaries of the City of Corpus Christi. 3.1.2 Pesticide Patterns for Each Treatment Area The treatment areas identified in Figures A-3 through A-34 in Appendix A are associated with pesticide use patterns for control of adult mosquitoes. Although the City may apply other types of pesticides for other treatment areas, applications are not conducted in amounts that exceed thresholds listed in the PGP. Therefore, their inclusion in this PDMP is not required. If the City commences new pesticide use patterns that require inclusion in the PGP, the PDMP will be modified accordingly. 3.1.3 Target Pests In the City of Corpus Christi, mosquitoes can represent both a domestic pest problem and a vector-borne disease risk pest problem. The City's Vector Control Department addresses each of the pest problems separately, using pest management strategies tailored to each type of pest problem. Two pest management processes and protocols for identifying action thresholds exist for each of the pest problems. The following describes the two pest problems and respective Action Threshold procedures. 3.1.4 Domestic Pest Problem Mosquitoes as domestic pests are considered a nuisance to humans because of their propensity to inflict uncomfortable bites. However, the nuisance mosquitoes do not carry disease. Seven nuisance mosquito species have been identified in the City. These species include: 3-2 City of Corpus Christi Pesticide Discharge Management Plan Revision 2.0 December 2016 • Aedes aegypti: The yellow fever mosquito is named for its ability to spread yellow fever and dengue fever in temperate areas; however, it is not known to carry disease in Texas. The species is active during the day and tends to prefer water-filled artificial containers for breeding, as may be found in outdoor areas around the City. • Aedes taeniorhynchus: The black salt-marsh mosquito can be found breeding in marshes, ditches, yards, and wooded areas. The species is active during the day and can become abundant after high tides and/or heavy rains. • Aedes sollicitans: The eastern salt-marsh mosquito is a fairly-large mosquito that can be a serious pest along the immediate coast. It is active during both daytime and nighttime periods, and can fly great distances from its original source. • Aedes albopictus: The Asian tiger mosquito is an invasive species, first found in Houston in 1986. This species is an artificial container-breeding mosquito, and is commonly associated with more-urbanized areas. It is a fierce daytime biter and a major nuisance mosquito within the City. • Psorophora columbine: The dark rice field mosquito prefers livestock, but can also be found in urban areas. The species is commonly found in fields, yards, and large pastures. They are active during the day and can fly great distances from its original source. • Psorophora cyanscens: This species is active during both daytime and nighttime periods. The species prefers wooded areas, but may be found in fields and yards. • Psorophora cilia/a: The species is commonly referred to as the "shaggy-legged" gaillinipper, and is the largest blood sucking mosquito in the U.S. They typically breed in fields, temporary ground pools and ditches and are active during daytime and nighttime periods. The Vector Control Department monitors the densities of mosquitoes throughout the City and takes action to control mosquito populations, when necessary. A description of how mosquito densities are determined is provided in Section 3.2. 3.1.5 Vector-Borne Disease Pest Problem There is only one mosquito species present in the City that is known to be a source of vector- borne disease. The Culex quinquefasciatus is commonly referred to as the "southern house mosquito." The species is prevalent in subdivisions because of their proclivity for storm drains and ditches. Transmitted diseases of concern include West Nile Virus, St. Louis Encephalitis and Eastern Equine Encephalitis. These diseases have been known to result in death in humans, domesticated mammals, and wildlife. The City monitors the presence of disease transmission in mosquitoes and takes action to control mosquito populations, when necessary. A description of how the City monitors for disease transmission is found in Section 3.2. 3-3 City of Corpus Christi Pesticide Discharge Management Plan Revision 2.0 December 2016 3.2 Action Threshold An action threshold is the point at which pest populations or environmental conditions necessitate pest control action be taken based on economic, human health, aesthetic, or other effects. An action threshold may be based on current and/or past environmental factors that are or have been demonstrated to be conducive to pest emergence and/or growth, as well as past and/or current pest presence. Action thresholds are those conditions that indicate both the need for control actions and the proper timing of such actions. The Action Thresholds for mosquitoes as domestic pests and as vector-borne disease pests are described below. 3.2.1 Mosquitoes as Domestic Pests Mosquitoes rely on standing water to complete the reproductive cycle, and are most prevalent after high tide or heavy rains. Therefore, a substantial rain event is the impetus for monitoring adult mosquito pest densities in the City. A substantial rain event is defined as a minimum of three inches of rain in a seven-day period, measured at rain gauges operated by the National Weather Service at the South Texas Botanical Gardens and Nature Center. Following a substantial rain event, Vector Control staff install New Jersey Light Traps (NJLT) in nine locations throughout the City to collect adult mosquito samples. Staff manually count the number of adult mosquitoes captured in each NJLT. If the adult mosquito density is 50 or greater, then the City commences pest management strategies for mosquito population control. Therefore, the Action Threshold for adult mosquitoes as domestic pests is 50 individuals captured in a NJLT in 12 hours. This Action Threshold was determined based on years of experience and success in control using this method in the City of Corpus Christi. Complaints from citizens may also be used as an Action Thresholds for Mosquitoes as Domestic Pests. In addition, based on a service request, limited area treatments may be conducted prior to special events or community functions. 3.2.2 Mosquitoes as Vector-Borne Disease Pests Mosquitoes as vector-borne disease pests are monitored to ensure that action is taken if disease transmission is present in the City. Each year between May 1 and October 31, vector- borne disease surveillance is performed on a weekly basis. Gravid traps are deployed at approximately 30 designated sites throughout the City to collect live mosquito samples for laboratory analyses. Gravid traps use a liquid attractant to collect and contain live female Culex quinquefasciatus mosquitoes. After 24 hours of gravid trap deployment, City staff retrieve the traps and collect the live mosquito samples. These live samples are retained by City staff for less than 24 hours before being shipped via FedEx to the laboratory. The laboratory performs vector tests to analyze for the presence of viruses in mosquito tissue. Within one week and a half, the laboratory sends test results to City staff. If results indicate that a mosquito is a carrier of any of the viruses analyzed, then the City commences vector-borne disease risk pest management strategies for population control. Therefore, the Action Threshold for mosquitoes as vector-borne disease pests is the presence of a virus in the mosquito sample. This Action Threshold was determined based on years of experience and success in control using this method in the City of Corpus Christi. 3-4 City of Corpus Christi Pesticide Discharge Management Plan Revision 2.0 December 2016 3.3 Water Body Impairments Of the nine classified water bodies within the City limits, five are listed as Category 5 in the 2010 Texas Integrated Report — Texas 303(d) List (Category 5). Impairments for the water bodies are for depressed dissolved oxygen, mercury in fish tissue, and bacteria. There are no impairments for pesticides or pesticide degradates. 3.4 Target Pest Densities Procedures to establish target pest densities are based upon past experience and constant monitoring. The action thresholds for mosquitoes as domestic pests have been made based upon decades of pesticide application experience. This action threshold has been sufficient in controlling mosquito populations for years. Monitoring of pest densities in conjunction with receipt of phone calls from the public helps the City remain diligent in the monitoring of mosquito populations. If it is determined that the current action threshold is not sufficient, then the City will make changes accordingly. The target pest density is zero viruses in the vector-borne disease pest sample, and is based on past experience. The target pest density for vector-borne disease pests is not likely to change. 3-5 City of Corpus Christi Pesticide Discharge Management Plan Revision 2.0 December 2016 4.0 EVALUATION AND SELECTION OF PEST MANAGEMENT STRATEGIES The PGP requires the PDMP to include an evaluation and selection of pest management strategies. Strategies are selected that most-successfully minimize discharges resulting from application of pesticides, including the use of pesticide and non-pesticide methods. The evaluation must be based upon considerations such as impact to water quality, impact to non- target organisms, pest resistance, feasibility, and cost effectiveness. The following satisfies requirements described in Part III, Section D.1.c. of the PGP. 4.1 Evaluation of Pest Management Strategies For a large municipality, several pest management strategies may be considered viable options for controlling mosquito populations. For each of these viable options, an evaluation of the selection of pest management strategies is described in the following sections. 4.1.1 No Action The No Action Strategy, or delayed action, may be implemented by the City to control mosquito populations. However, No Action is only used in conjunction with more-comprehensive strategies. The City uses No Action as a strategy in the period between the use of other strategies, such as Biological Control Agents and Pesticide Applications. No Action may be taken when breeding sites are shallow and not conducive to mosquito larval activity, such as during extended dry weather conditions. No Action has no adverse impact on water quality or resistance to pesticides. The use of solely No Action as a pest management strategy is not feasible and may not be cost-effective in the long-term. No Action has an impact to non-target organisms such as humans. By not attempting to control mosquito populations, domestic pests would become more prevalent and, therefore, more of a nuisance and the incidence of vector-borne disease could increase. 4.1.2 Prevention Prevention of mosquitoes is an effective strategy on a small-scale basis, but is not likely to significantly reduce the prevalence of mosquitoes city-wide. Prevention strategies include (1) removal of sources of standing water to prevent female mosquitoes from laying eggs; and (2) mowing of grass around ponds to reduce mosquito habitat. Prevention has no adverse impact on water quality, non-target organisms, or pest resistance. This strategy is ideal for homeowners and small businesses, who are encouraged to remove mosquito breeding sources around their property and keep lawns maintained. The City currently implements several prevention strategies in conjunction with more-comprehensive strategies, but Prevention as a sole strategy would not be feasible. Prevention is a cost- effective measure on a small scale, but would be costly and time-consuming for the City staff to identify and remove all potential sources of stagnant water or mow grass more often than already conducted. In addition, implementation of solely this strategy is not feasible since the City cannot access private property to implement Prevention measures. 4-1 City of Corpus Christi Pesticide Discharge Management Plan Revision 2.0 December 2016 4.1.3 Physical and Mechanical Methods Physical or mechanical removal of mosquitoes is not a viable option for a large municipality since physical capture is simply not feasible on a scale that would be necessary to effectively control them. This strategy has no adverse impact on water quality. Non-target Dipterans (flies) and other insects could be affected if detained in a capture device. This strategy is not feasible and would not be cost-effective. 4.1.4 Cultural Methods Similar to the previous two methods, Cultural Methods manipulate larval habitat to prevent favorable conditions for mosquitoes to complete their aquatic development. The strategy may include removal of stagnant water sources, allowing water sources to dry completely, and mowing lawns. Physical manipulation of environments is sometimes a quick and effective means to control mosquito populations on a localized level; however, it is not feasible on a large scale, city-wide level. 4.1.5 Biological Control Agents The use of biological control agents is effective in the control of larval mosquitoes. Biological control agents rely on predation, parasitism, herbivory or other natural processes to control pests. The City uses larval mosquito biological controls containing the bacterium Bacillus thuringiensis (Bacillus T). A toxin produced by Bacillus T causes mosquito digestive cell lysis and eventual death, when ingested by mosquito larvae. The use of this biological control agent as a pest management strategy has minimal impact to non-target organisms, with the exception of other Dipterans, which can be similarly affected by Bacillus T. Pest resistance to Bacillus T is not likely since it is not known to occur in mosquitoes. This strategy has no adverse impact on water quality. Use of a biological control agent with Bacillus T is a cost-effective and feasible method of controlling mosquito populations, when used in conjunction with other pest management strategies. 4.1.6 Pesticide Application The application of pesticides is an effective and viable pest management strategy implemented by the City. Pesticides are insecticides, herbicides, fungicides, rodenticides, and various other substances used to control pests. The City uses aerial spraying of a mosquito adulticide for controlling mosquito populations. The pesticide is used to control mosquitoes as domestic pests and also as vector-borne disease risk pests, as discussed previously. Pesticides as a pest management strategy have the potential to affect water quality; however, there are no water bodies in or around the City that are currently considered by the TCEQ to be Category 4 or 5 for pesticides or any pesticide degradates. The use of pesticides as a pest management strategy may affect non-target organisms such as Dipterans and other flying insects. Pest resistance to pesticides such as those used by the City has been documented in other locations, but has not been observed in Corpus Christi. The use of pesticides is a feasible strategy since the City owns equipment effective at safely dispersing the aerial adulticide. Pesticides are also a cost-effective strategy since the City already owns the equipment needed 4-2 City of Corpus Christi Pesticide Discharge Management Plan Revision 2.0 December 2016 to effectively apply pesticides. Furthermore, the cost of purchasing the adulticide is reasonably low. 4.2 Summary of Implemented Pest Management Strategies Based on the evaluation of viable strategies, a combination of five pest management strategies may be implemented by the City for long-term control of mosquito populations: No Action (or delayed action), Prevention, Cultural Methods, Biological Control Agents, and Pesticide Applications. The City uses a combination of these five strategies in order to meet the technology-based effluent limitations outlined in the PGP. In an effort to minimize discharges to waters of the U.S. and reduce potential environmental effects, the City uses pesticides only as a last resort. When pesticides are applied, the amount and frequency are determined only in accordance with state law and the pesticide label. The City maintains records of pesticide applications that include the chemical name and amount, time, wind speed, wind direction, ambient humidity and temperature (See Appendix G). In order to minimize the total amount of pesticides applied, the City will continue to consider different application rates, frequencies or both to accomplish mosquito population control. Visual evaluations are required during and following pesticide applications to detect any possible or observable toxic or adverse effects. 4-3 City of Corpus Christi Pesticide Discharge Management Plan Revision 2.0 December 2016 5.0 RESPONSE PROCEDURES The following satisfies requirements described in the PGP in Part III, Section D.1.d. 5.1 Spill Response Procedures In accordance with Section D.1.d.(1) of the PGP, the City must take appropriate measures necessary to prevent spills or other unanticipated discharges of pesticides that threaten waters of the U.S. The City exercises caution in all pesticide activities, including those that do not threaten waters of the U.S. For purposes of this PDMP, the spill response procedures described following are specific to prevention of spills and clean-up of spills that threaten waters of the U.S. Additional procedures that address other potential spills are not included in this PDMP. Applicable spill response procedures address the following issues: • Procedures for stopping, containing and cleaning up spills. • Equipment and training necessary to address spills and clean-up; • Procedures and schedules to minimize potential for spills and leaks; • Chain of command for notifications for spills; and • State and Federal contacts. For purposes of this PDMP, these procedures are specific to pesticide use and response to spills or leaks into or near waters of the U.S. The listed procedures address the requirements of the PGP. 5.1.1 Procedures for Stopping, Containing, and Cleaning up Leaks, Spills and Other Releases The City is required to identify the procedures for stopping, containing, and cleaning up leaks, spills, and other releases into waters of the U.S. The following satisfies those requirements, contained in Section D.1.d.(1)(i) of the PGP. If a pesticide spill occurs that threatens waters of the U.S., but is not immediately into waters of the U.S., field personnel at the scene will take the following actions, at a minimum: 1. Immediate steps will be taken to stop the leak from continuing. This may require stopping a pump, righting a container or sealing a hole, etc., depending on the source. 2. Leaked or leaking pesticide must be contained as quickly as possible. Spill containment devices such as absorbents, spill containment pillows, or shovels, will be used as appropriate to contain the spill. Spill control measures may include constructing a containment structure with spill containment pillows, soil, or other available materials. If necessary, secondary containment further downslope from the spill may be needed. 5-1 City of Corpus Christi Pesticide Discharge Management Plan Revision 2.0 December 2016 3. Once the leak has been stopped and contained, the incident will be reported by telephone in accordance with the chain of command for spills (see below). 4. The spill will be cleaned up using available equipment, including shovels or vacuums. If the volume of spill and clean up material is small enough to be placed in an available container (e.g., a 5-gallon bucket), then the clean-up material may be placed on the crew's vehicle. Disposal will be performed in accordance with applicable local, state, and federal laws and requirements. 5. If the volume of spill is too large to be placed in available containers, it will be necessary to call for assistance with larger equipment for cleaning up the spill and transporting it to a disposal site. 6. When the spill has been cleaned up, the status of the incident will be reported in accordance with the chain of command. 7. If there is evidence that, as a result of the spill, an "adverse incident" has occurred (i.e., a person or non-target organism has likely been exposed to the pesticide and that a toxic effect was suffered by the person or non-target organism), the Program Manager will notify the TCEQ Regional Office. Adverse incident notification must be provided within 24 hours of becoming aware of the incident. The Program Manager will follow up with an adverse incident report in accordance with the PGP. 8. Spills or leaks that are not deemed to be adverse incidents will be reported in writing to the TCEQ Regional Office within 14 days of becoming aware of the incident by the Program Manager. If the spill is directly into or is flowing into waters of the U.S., the following additional procedures must be accomplished: 1. As soon as possible after the leak has been stopped, the incident will be reported, in accordance with the chain of command. 2. The Program Manager or his/her representative will immediately go to the scene of the spill to provide additional assessment of the situation and order additional support, if necessary. 3. If the spill is large, or if it cannot be readily stopped, the Program Manager will order a vacuum truck to the site to assist with the clean-up of the pesticide spill from waters of the U.S. 4. Although not all spills into waters of the U.S. will necessarily result in an adverse incident as defined by the PGP, all spills in which waters of the U.S. are impacted will be reported to the Regional office of the TCEQ by the Program Manager within 24 hours of becoming aware of the incident. The Program Manager will follow up with a written report to the Regional office. 5-2 City of Corpus Christi Pesticide Discharge Management Plan Revision 2.0 December 2016 5.1.2 Equipment and Training for Spills and Clean-ups City staff associated with mosquito control using pesticides are provided appropriate equipment to manage spills and clean-ups. Each crew engaged in pesticide application has the following equipment for use in containing spills and clean-ups: • Shovels, rakes, and brooms • Spill containment pillows • Absorbent clay (kitty litter) • Spill containment boom devices Other equipment may be added from time to time, according to need. Field crews will inspect the containment equipment regularly to ensure that it is available and in working order. Training is provided when pesticide applicators obtain certification. In addition, the Texas Department of Agriculture (TDA) requires annual continuing education courses be taken in order to retain certification. For the most part, these continuing education courses include spill response procedure training. In addition, crews are regularly trained in the use of equipment. 5.1.3 Procedures and Schedules to Minimize Potential for Spills and Leaks The City is required to document the procedures and schedules for maintenance activities to minimize potential for leaks, spills, and unintended or accidental release of pesticides from pesticide containers. The following satisfies those requirements, contained in Section D.1.d.(1)(iii) of the PGP. The City performs daily and weekly inspections of chemical storage buildings, pumping machinery, vehicles, and transfer lines and tubing. In addition, the City uses a software program that maintains maintenance and cleaning schedule records for pesticide application equipment. The computer program allows the City to organize and keep up-to-date with maintenance activities, as required by the PGP. 5.1.4 Internal Chain of Command for Spill Notifications The Chain of Command for spill notifications is as follows: • The Program Manager is notified of any spill or leak as described above. • The Program Manager is responsible for providing appropriate spill or leak notification to the Assistant Chief of Police to whom he/she reports and to Environmental Services. • The Assistant Chief of Police will notify the Chief of Police of any spill or leak that is considered to be an adverse incident. Spills or leaks that are not considered adverse incidents, as defined by the PGP and do not reach waters of the U.S. do not require notification of Chief of Police. • Notification of spills or leaks to the City Manager are at the discretion of the Assistant City Manager and/or the Chief of Police. 5-3 City of Corpus Christi Pesticide Discharge Management Plan Revision 2.0 December 2016 • Notification of spills or leaks to other City officials or to the public are at the discretion of the City Manager. Important contact information, such as internal contacts, state and federal contacts and emergency medical facility contacts are included in Table 5-1. 5.2 Equipment Maintenance Schedules and Procedures In accordance with Section D.1.d.(2) of the PGP, the City must document the schedules and procedures for maintaining the application equipment in proper operating condition, including calibrating, cleaning, and repairing equipment. It is important to regularly maintain pesticide application equipment in order to minimize the risk of leaks that would threaten waters of the U.S. Application equipment is calibrated on at least an annual basis to ensure that application rates are appropriate. Application equipment is cleaned after each use. Repairs are made as soon as practical after a problem is observed. Application equipment is not used if it is in disrepair. 5.3 Adverse Incident Response Procedures In accordance with Section D.1.d.(3) of the PGP, the City must take appropriate measures necessary to respond to adverse incidents. The PGP defines an adverse incident as an unusual or unexpected incident, where a person or non-target organism has likely been exposed to the pesticide; and in which the affected person or non-target organism suffered a toxic or adverse effect. Due to the nature of adverse incidents, procedures for responding to such an incident are varied and must be customized to the situation based on the organism affected, number of individuals affected, severity of the incident, location and duration of exposure, and other factors. If an adverse incident affecting human health or non-target organisms occurs, response procedures can be summarized as follows: 1. If a person is exposed to a pesticide and suffers a toxic or adverse effect, the Program Manager or his/her representative will immediately seek appropriate medical attention for the affected individual. The Program Manager will provide material safety data sheets for any suspected pesticides to medical providers as soon as possible. 2. The Program Manager or his/her representative will immediately go to the scene of the adverse incident to provide additional assessment of the situation and order additional support, if necessary. 3. Field personnel must take necessary actions to ensure that no other individuals or non- target organisms are exposed to similar circumstances. This may include barring further use of pesticides until the cause of the adverse incident is known, containing an area to prevent further human exposure to the pesticide, or cleaning up the area of pesticide application. 4. Any potential adverse incident must be reported to the TCEQ Regional Office within 24 hours of becoming aware of the potential incident. The Program Manager will follow up with a written report to the TCEQ Regional Office within 14 days of becoming aware of the adverse incident. 5-4 City of Corpus Christi Pesticide Discharge Management Plan Revision 2.0 December 2016 Important contact information, such as internal contacts, state and federal contacts and emergency medical facility contacts are included in Table 5-1. The Chain of Command for adverse incident notifications is as follows: • The Program Manager is notified of any potential adverse incident, as described above. • The Program Manager is responsible for providing appropriate adverse incident notification to the Assistant Chief of Police to whom he/she reports and to Environmental Services. • The Assistant Chief of Police will notify the Chief of Police of any adverse incident. • Notification of adverse incidents to the City Manager are at the discretion of the Assistant City Manager and/or the Chief of Police. • Notification of adverse incidents to other City officials or to the public are at the discretion of the City Manager. Important contact information, such as internal contacts, state and federal contacts and emergency medical facility contacts are included in Table 5-1. 5.4 Visual Evaluations Visual observations of treatment areas will be performed by field personnel before and after pesticide application events. For the visual observation prior to treatment, field personnel will observe the following: • Determination of whether the target pest action thresholds have been met • Determination of expected weather conditions at the planned time of pesticide application and observations of whether conditions are conducive to proper application, including the following: o Identification of weather conditions that support development of target pest populations o Identification of weather conditions that support target pest control activities For visual observations after treatments, field personnel responsible for pesticide application will perform spot checks of areas in and around treatment areas within 24 hours after a pesticide application within the treatment area. Any observable adverse or toxic impact that may possibly be related to the recent use of pesticides in the treatment area will be documented. Corrective actions for any observed problems will be implemented immediately. 5-5 City of Corpus Christi Pesticide Discharge Management Plan Revision 2.0 December 2016 Table 5-1 Important Contact Information Internal Notifications Contact Information Sharon Bailey Lewis, Environmental Program (361) 826-4066 office Specialist (361) 762-2562 cell Capt. Russell Sherman, Program Manager (361) 826-4602 office (361) 944-5313 pager Mark Schauer, Assistant Chief of Police (361) 886-2833 Mike Markel, Chief of Police (361) 886-2604 External Notifications Contact Information TCEQ, Region 14: Corpus Christi, Texas (361) 825-3100 TCEQ, Austin: 24-hour Spill Reporting (512) 463-7727 State Emergency Response (800) 832-8224 Center/Environmental Release Hotline U.S. Environmental Protection Agency (EPA) (800) 372-7745 Region VI: Dallas, Texas National Pesticide Telecommunications (800) 858-7378 Network National Spill Response Center (800) 424-8802 www.nrc.uscq.mil.nrchp.html Nearest Emergency Medical Facilities: Multiple locations (see below) Emergency Phone: 911 Corpus Christi Medical Center Northwest Emergency Department 13725 Northwest Blvd. Corpus Christi, Texas 78410 Northwest 361 767-4300 CHRISTUS Spohn Health System Memorial Hospital 2606 Hospital Blvd. Corpus Christi, Texas (361) 902-4000 CHRISTUS Spohn Health System South Hospital Central 5950 Saratoga Blvd. Corpus Christi, Texas 78414 (361) 985-5000 5-6 City of Corpus Christi Pesticide Discharge Management Plan Revision 2.0 December 2016 Table 5-1 Important Contact Information (continued) CHRISTUS Spohn Health System Shoreline Hospital Central 600 Elizabeth St. Corpus Christi, Texas 78404 (361) 881-3000 Nearest Hazardous Chemical Responder: Corpus Christi Police Department 321 John Sartain Street Corpus Christi, Texas 78401 Emergency Phone: 911 Non-Emergency Phone: 361 886-2600 Corpus Christi Fire Department Multiple locations (see below) Emergency Phone: 911 Fire Station 1 Fire Station 10 514 Belden St. 1550 Horne Rd. Corpus Christi, TX 78401 Cor us Christi, TX 78416 Fire Station 2 Fire Station 11 13421 Leopard St. 910 Airline Rd. Corpus Christi, TX 78410 Corpus Christi, TX 78412 Fire Station 3 Fire Station 12 1401 Morgan Ave. 2120 Rand Morgan Rd. Corpus Christi, TX 78404 Corpus Christi, TX 78410 Fire Station 4 Fire Station 13 2338 Rodd Field Rd. 1801 Waldron Rd. Corpus Christi, TX 78414 Corpus Christi, TX 78418 Fire Station 5 Fire Station 14 3312 Leopard St. 5901 S Staples St. Corpus Christi, TX 78408 Corpus Christi, TX 78413 Fire Station 6 Fire Station 15 6713 Weber Rd. 14202 Commodore St. Corpus Christi, TX 78413 Corpus Christi, TX 78418 Fire Station 7 Fire Station 16 3750 S Staples St. 8185 Texas 361 Corpus Christi, TX 78411 Corpus Christi, TX 78373 Fire Station 8 Fire Station 17 4645 Kostoryz Rd. 6869 Yorktown Corpus Christi, TX 78415 Corpus Christi, TX 78418 Fire Station 9 Fire Station 18 501 Navigation Blvd. Corpus Christi, TX 78408 5-7 City of Corpus Christi Pesticide Discharge Management Plan Revision 2.0 December 2016 6.0 PESTICIDE DISCHARGE MANAGEMENT PLAN MODIFICATIONS The PDMP is a living document and subject to change from time-to-time as necessary to be protective of the environment and human health, and to remain in compliance with the PGP. The PDMP will be reviewed under the following conditions: • Annually to ensure compliance with the PGP relevant to the problem description; evaluation and selection of pest management strategies; schedules and procedures; the adverse incident action plan; and visual evaluations. • Whenever necessary to address any of the triggering conditions for corrective action or when a change in pest control activities significantly changes the type or quantity of pollutants discharged. The PDMP will be modified and modifications will be implemented for any of the following reasons: 1. An unauthorized release or discharge occurs (e.g., spill, leak, or discharge not authorized by this or another permit); 2. Control measures described in the PDMP are determined by the TCEQ or by the City to be inadequate for the discharge to meet applicable water quality standards; 3. In order to address deficiencies observed by the TCEQ regarding pesticide amount and frequency of applications, maintenance activities for application equipment, or calibration, cleaning, and repair of equipment; 4. As directed by the TCEQ, in order to address effluent limits in the PGP; 5. When necessary to address a toxic or adverse effect caused by the application of pesticide covered under this PGP; or 6. When necessary to address new pesticide application activity or pesticide use patterns that are subject to coverage by the PGP and are required for inclusion in the PDMP. 6-1 City of Corpus Christi Pesticide Discharge Management Plan Revision 2.0 December 2016 If the PDMP must be revised due to an unauthorized release or discharge (i.e., item 1, above), the City will modify the PDMP and implement corrective actions, if practicable, before the next pesticide application that results in a discharge. If revisions cannot be made prior to the next pesticide application that results in a discharge, the City will document the reasons. Within five days of making and implementing the required change in the PDMP, a report of the change will be prepared documenting the following: • Conditions triggering the need for corrective action; • Circumstances of the situation; • Date the problem was identified; • Summary of the corrective action taken; • Date corrective action was initiated; • Date corrective action was completed; and • Individual responsible for preparing the modification to the PDMP. Copies of adverse incident reports are maintained in Appendix E, and the PDMP modification log is maintained in Appendix H. 6-2 City of Corpus Christi Pesticide Discharge Management Plan Revision 2.0 December 2016 Appendix A General Location Map Appendix B Pesticide General Permit Appendix C Notice of Intent for Level 1A Operators Appendix D Acknowledgement Letter from the Texas Commission on Environmental Quality Appendix E Adverse Incident Notifications and Reports Appendix E City of Corpus Christi Pesticide Discharge Management Plan Adverse Incident Notification Form Manner of Being Informed (i.e. Date and Time telephone call from the public, Adverse Incident Date and Time of Being Informed of visual observations by staff, Occurred Adverse Incident etc.) Pesticide Product Location of the Adverse Incident Description of Circumstances of Adverse Incident Steps Taken to Correct, Repair, Remedy, Cleanup or Otherwise Address any Adverse Effects NOTIFICATIONS MADE Yes No Person/Entity Contacted Office Phone Alternate Sharon Bailey Lewis, Environmental Program Internal S ecialist 361 826-4066 361 765-2562 TCEQ, Region 14: External Corpus Christi, Texas 361 825-3100 TCEQ, Austin: 24-hour Spill External Reporting (512) 463-7727 State Emergency Response Center/Environmental Release External Hotline 800 832-8224 U.S. Environmental Protection Agency (EPA) Region VI: External Dallas, Texas 800 372-7745 National Pesticide External Telecommunications Network (800) 858-7378 External National Spill Response Center (800) 424-8802 Note: This form is to assist in the notification of an adverse incident. The PGP requires an Adverse Incident Written Report to be submitted to the TCEQ Regional Office within fourteen (14) days of becoming aware of an adverse incident. Adverse Incident Written Reports are maintained in this appendix. Appendix E-1 City of Corpus Christi Pesticide Discharge Management Plan Revision 2.0 December 2016 Appendix F Spill or Leak Notifications and Reports Appendix F City of Corpus Christi Pesticide Discharge Management Plan Spill or Leak Notification Form Date and Time Manner of Being Informed (i.e. Spill or Leak Date and Time of Being Informed of Spill or telephone call from the public, Occurred Leak visual observations by staff, etc.) Pesticide Product Location of the Spill Water Body Threatened Description of the Spill or Leak Identified Steps Take to Contain the Spill or Leak NOTIFICATIONS MADE Yes No Person/Entity Contacted Office Phone Alternate Sharon Bailey Lewis, Environmental I nternal Program Specialist (361) 826-4066 (361) 765-2562 TCEQ, Region 14: External Corpus Christi, Texas (361) 825-3100 TCEQ, Austin: 24-hour Spill External Reporting (512) 463-7727 State Emergency Response Center/Environmental Release External Hotline 800 832-8224 U.S. Environmental Protection Agency (EPA) Region VI: Dallas, External Texas 800 372-7745 National Pesticide External Telecommunications Network (800) 858-7378 External National Spill Response Center (800) 424-8802 Note: This form is to assist in the notification of a spill or leak to waters of the U.S. The PGP requires a Spill or Leak Written Report to be submitted to the TCEQ Regional Office within fourteen (14) days of becoming aware of a spill or leak. Spill or Leak Written Reports are maintained in this appendix. Appendix F-1 City of Corpus Christi Pesticide Discharge Management Plan Revision 2.0 December 2016 Appendix G Pesticide Applications Log and Reports Pesticide application logs or record keeping should be maintained in this appendix. Appendix H Pesticide Discharge Management Plan Modification Log Attachment H City of Corpus Christi Pesticide Discharge Management Plan Pesticide Discharge Management Plan Modification Log PDMP Contact: Sharon Bailey Lewis, Environmental Program Specialist (361) 826-4066—office Sharon L cr.cctexas.com Date Date Reason for Modification Modification Modification and Date Amendment Prepared by Initiated Completed Description of the Modification Problem Identified [Name(s)and Title] Appendix H-1 City of Corpus Christi Pesticide Discharge Management Plan Revision 2.0 December 2016 Date Date Reason for Modification Modification Modification and Date Amendment Prepared by Initiated Completed Description of the Modification Problem Identified [Name(s)and Title] Appendix H-2 City of Corpus Christi Pesticide Discharge Management Plan Revision 2.0 December 2016 Appendix I Other Noncompliance Reports Appendix I City of Corpus Christi Pesticide Discharge Management Plan Other Noncompliance Report Form Date and Time Manner of Being Informed (i.e. of Other Date and Time of Being Informed of Other telephone call from the public, Noncompliance Noncompliance visual observations by staff, etc.) Pesticide Product Location of Other Noncompliance Water Body Threatened Description of the Other Noncompliance Steps Take to Remedy the Other Noncompliance NOTIFICATIONS MADE Yes No Person/Entity Contacted Office Phone Alternate Sharon Bailey Lewis, Environmental I nternal Program Specialist (361) 826-4066 (361) 765-2562 TCEQ, Region 14: External Corpus Christi, Texas (361) 825-3100 TCEQ, Austin: 24-hour Spill External Reporting (512) 463-7727 State Emergency Response Center/Environmental Release External Hotline 800 832-8224 U.S. Environmental Protection Agency (EPA) Region VI: Dallas, External Texas 800 372-7745 National Pesticide External Telecommunications Network (800) 858-7378 External National Spill Response Center (800) 424-8802 Note: This form is to assist in the notification of other noncompliance. The PGP requires that a noncompliance Written Report be submitted to the TCEQ Regional Office within 24 hours of becoming aware of the noncompliance. A written submission of this information must be provided within five (5) working days. Other Noncompliance Written Reports are maintained in this appendix. Appendix 1-1 City of Corpus Christi Pesticide Discharge Management Plan Revision 2.0 December 2016 Appendix J Annual Reports Annual reports or annual report forms should be maintained in this appendix. Appendix K Certifications and Licenses Copies of pesticide applicator certifications and/or licenses should be maintained in this appendix. SC GO O Va. v AGENDA MEMORANDUM NORROPP�EPublic Hearing and First Reading for the City Council Meeting of April 17, 2018 1852 Second Reading for the City Council Meeting of April 24, 2018 DATE: April 5, 2018 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, Director of Planning and ESI Daniel Mc(c-cctexas.com (361) 826-7011 Tax Increment Reinvestment Zone #3 Traffic and Planning Analysis CAPTION: Ordinance adopting the "Tax Increment Reinvestment Zone #3 Traffic and Planning Analysis" specific plan PURPOSE: The Tax Increment Reinvestment Zone (TIRZ) #3 Project and Financing Plan includes a Traffic Pattern Analysis as one of the strategic planning initiatives. This initiative was identified as a need through stakeholder feedback following the Bond 2008 projects, as well as through the draft Downtown Area Development Plan. Additionally, the Harbor Bridge replacement project has created an urgent need to create connectivity to the new freeway. BACKGROUND AND FINDINGS: The City engaged the Gateway Planning Consultant team to evaluate current conditions, future opportunities, and identify a path forward that will direct public investments and incentives in the downtown area for the next decade. The Gateway Planning team hosted a series of Design Workshops during the first week of October 2017, engaging the community in order to: 1. guide recommendations on immediate projects to improve traffic flow and access to existing businesses; 2. inform recommendations for improved connectivity in the Marina Arts Districts and SEA District once the Harbor Bridge is relocated; 3. steer recommendations for changes to the existing mobility network, including a prioritized list of infrastructure and operational improvements; 4. help identify redevelopment scenarios that maximize private investment as a result of public improvement projects; 5. and assist in Capital Improvement Program or Bond Program development. The Gateway Planning team then presented their findings and recommendations at the TIRZ #3 Board meeting in the morning, as well as during a public Town Hall Meeting in the evening of November 28, 2017. The feedback provided to the consultant team during those two events are integrated into their finalized recommendations and deliverables. Staff hosted an open house event on March 19, 2018 to present these finalized recommendations to the community. The Tax Increment Reinvestment Zone #3 Traffic and planning Analysis report was presented to the Downtown Management District Board of Directors on March 22, 2018, which passed a resolution recommending adoption of the report by City Council. The Corpus Christi Transportation Advisory Commission and Planning Commission both voted to recommend adoption of the plan on March 26 and April 4, 2018, respectively. And the TIRZ #3 Board of Directors voted to adopt the document on March 27, 2018. ALTERNATIVES: Denial of the proposed Tax Increment Reinvestment Zone #3 Traffic and Planning Analysis with suggestions to the Planning & ESI Department OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Conforms with City Policy. EMERGENCY/NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Planning, Traffic Engineering, Transportation Advisory Commission — recommended approval March 26, 2018, Planning Commission recommended approval April 4, 2018, TIRZ #3 Board of Directors— adopted March 27, 2018. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑x Not applicable Fiscal Year: Project to Date 2017-2018 Expenditures(CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff and Planning Commission recommend approval of the Tax Increment Reinvestment Zone #3 Traffic and Planning Analysis LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation —TIRZ#3 Traffic and Planning Analysis Exhibit A—Tax Increment Reinvestment Zone #3 Traffic and Planning Analysis Exhibit B —Tax Increment Reinvestment Zone #3 Traffic and Planning Analysis Appendix Ordinance adopting "Tax Increment Reinvestment Zone #3 Traffic and Planning Analysis" Specific Plan; and amending the Comprehensive Plan. WHEREAS, the Planning Commission has forwarded to City Council its reports and recommendations concerning the adoption of the Tax Increment Reinvestment Zone #3 Traffic and Planning Analysis. WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 4, 2018, during a meeting of the Planning Commission, and on Tuesday, April 17, 2018, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; WHEREAS, City Staff invited the public to workshops and public meetings that were held on October 2, 2017, November 28, 2017, and March 19, 2018 to give input to help develop recommendations for public investments and incentives downtown, and to receive public feedback. WHEREAS, City staff coordinated with various community agencies and organization throughout the process of developing the Tax Increment Reinvestment Zone #3 Traffic and Planning Analysis. WHEREAS, the city shall use the Tax Increment Reinvestment Zone #3 Traffic and Planning Analysis as a guideline to facilitate other plans that the city considers necessary for systematic growth and development. WHEREAS, the City Council has determined that these amendments would best serve public health, safety, necessity, convenience, and general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the "Tax Increment Reinvestment Zone #3 Traffic and Planning Analysis" Specific Plan, including: Project Prioritization, Two-Way Conversions, Capital Improvement Program Recommendation, Program and Policy Refinements, and Appendices, are adopted by this ordinance to read shown as exhibits attached and incorporated by reference: A. Tax Increment Reinvestment Zone #3 Traffic and Planning Analysis B. Tax Increment Reinvestment Zone #3 Appendix: Traffic and Planning Analysis SECTION 2. To the extent that the amendment made by this ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendment made by this ordinance. The Comprehensive Plan, as amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 3. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision hereof shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 4. This ordinance takes effect after final passage. 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor EXHIBIT A fir r � f � r... :s y i ea or `k CORPUS CHRISTI TX I APRIL 2018 OK'd RGI, Kimley>»Horn GATEWAY EXHIBIT A EXHIBIT /\ A D -am ID I r T|RZ#3 TRAFFIC AND PLANNING ANALYSIS Overview --...-.--..-..-------..-------------------------------------------'5 A. Purpose........................................................................................................................5 B. The Process .................................................................................................................6 C. Market Analysis ............................................................................................................8 D. Aligning Infrastructure with Development.....................................................................8 8 Project Prioritization -------------------------------------9 A. Short-Term Projects (2818 '2028) ...............................................................................0 B. Mid-Term Projects C2021 ' 2828>..................................................................................14 C. Long Term Projects 82O2A +>........................................................................................18 D. SEA District Plan------------------------------'18 E. Reconnected Neighborhoods.......................................................................................10 F Connecting Planning and Transportation -----------------------10 0lTwo-Way Conversions............................................................................................................21 A. ExisdngConddiona----------------------------------.22 B. Proposed Conversions.................................................................................................23 C. Mobility Network Implications.......................................................................................24 D. Implementation.............................................................................................................24 VisualCues toDrivers.................................................................................................................24 E. Case Studies................................................................................................................24 /h< Moving Forward........ —_ ..............................................................27 A. Capital |mprovementProgramReoommendadona------------------.27 7xD0TCoordination Strategy...........................................................................................27 B. Program and Policy Refinements.................................................................................27 APPENDIX (SEPARATE DOCUMENT) LMarket Analysis.......................................................................................................................^4l Economics and Demographics.....................................................................................A1 PreliminaryMarket Overview........................................................................................AG ResidentialMarket Overview........................................................................................A9 Retail and Office Market Overview...............................................................................A1G DowntownEmployment Analysis..................................................................................A18 CriticalAssumptions.....................................................................................................A21 General Limiting Conditions.........................................................................................A22 8 Stakeholder Summary............................................................................................................A25 0l One to Two-Way:Intersection Conversions.........................................................................A27 /V One 8oTwo-Way: Roadway Segn/emba-----------------------------------------A35 J .. EXHIBIT A EXHIBIT A I n V W�v PURPOSE The reinvention of downtown Corpus Christi and the greater Tax Increment Reinvestment Zone (TIRZ)#3 area into a walkable and connected neighborhood through key infrastructure investments sets the stage contextualizing the recommended infrastructure projects within a realistic future for greater Downtown. Gateway Planning and team members Kimley Horn and RCLCO were retained by the City to craft this roadmap and bring together the planning and transportation initiatives for its future. This report sets forth development potential and infrastructure investment in downtown over the next 10 or more years. Several agencies have undertaken multiple planning and transportation projects in the City over the past five years, including a Regional/Urban Design Assistance Team (R/UDAT) report, the Downtown Area Development Plan, the U.S. 181 Harbor Bridge Project, the Downtown Parking Management Study and Strategic Plan, the Strategic Plan for Active Mobility - Bicycle Mobility Plan, and Capital Improvement Projects in the downtown area, as well as enacted policies that supported increased mobility and walkability and entertainment and tourism destinations. However, without a clear path or strategy aligning all these guiding documents, policies or projects together, the implementation can fall short or become misguided as time passes and more development occurs. In that context, neighborhood focus areas are identified and described in relation to the short, mid and long-term investments to show how the planning and transportation projects can work together to catalyze FIGURE 1:TIRZ#3 DISTRICT BOUNDARY FIGURE 2: PROJECT STUDY BOUNDARY various investments throughout downtown ' ► and tie together each of the TIRZ #3 areas in a meaningful way. - s -•-• Additionally, the SEA District exemplifies an meg q area where significant a 't reinvestment and development could occur in the next 10 Chr, -°«• years as the Harbor Bridge project is completed, the short- term investment j' strategies focus on the Marina Arts District to better take advantage _ of the street network improvements needed • „, _.,., e n to support quality of life. This strategy will also help catalyze demand g<�� ems+ 0 A•r W' '' P 0.Ca E¢ .xEit Exn G kHwgllwyR 1E¢Mi E _ 1 MII CHCREbGS. Eu HERE.QK.gm.u$yS.I.glmap Mr^AERI for new development. ♦� q,.✓��a° Ka Ear;T1dAN1}.CW^Fw RGCC.tOpen'oealRtep _ GwnfiGn E¢spn METI Eui CAnaCH�4kuMl Ev Currently, there is ® 5 EXHIBIT A no predictability about what the area will look like in the near-term, which limits the immediate development potential versus waiting for investment after the Harbor Bridge is completed. FIGURE 3:PROJECT PURPOSI ENTERTAINMENT+TOURISM DESTINATIONS MOBILITY+WALKABILITY DOWNTOWN AREA DEVELOPMENT PLAN HARBOR BRIDGE RELOCATION PROJECT ONE-WAY TO TWO-WAY STREET CONVERSIONS DOWNTOWN PARKING ACTION PLAN NEED FOR CLEAR STRATEGY TO GUIDE PUBLIC INVESTMENTS e NEW COMMERCIAL REHABILITATION REVITALIZATION CONSTRUCTION ACTIVITY THE PROCESS In April 2017, this initiative kicked off with a detailed strategy work session and stakeholder meeting to understand the outcomes desired, the current issues and opportunities, as well as the potential projects.The Team returned in July and October 2017 to conduct a design and project workshop where scenarios and phasing strategies were discussed and then results presented to the TIRZ #3 Board and community at-large for additional feedback and input. Both online and in-person feedback was gathered and then integrated into key projects and deliverables for this initiative. Detailed results from the stakeholder meetings and open house are included in the Appendix of this report. 6 TIRZ#3 TRAFFIC AND PLANNING ANALYSIS DRAFT I APRIL 2018 EXHIBIT A FIGURE 4: ENGAGEMENT SUMMARY+PROCESS Consultant Consultan Consultant Analysis of Site T..". Meeting with Workshop Meeting with Direct You Stakeholder Background A ....... Downtown with City Staff Peoples Street Downtown Meetings Materials+ of E.i.ti.9 Merchants Merchants and Open House Review of Conditions Association Property Owners Previous Pla 111 10/04/2017 17 and Studies1, 1 14 1, 1 1 1 1 1 People 65 People 1. 1: 1 Preliminary Recommendations Presented at Town Hall 11/28/2018, 78 People TIRZ#3 Board Meetint 11/28/2018 What is the most i mpoftant project to you?(1-3 words,use hyphens if typing a phrase or m ultiple words) F 0- ZM W Polltwmd.Responses not accepted. C-2 waterfront walkable shoreline-pedestrian-safety vehicleschaparral ydevelop parked/parking 4L C= people-business two-way-streets moving parklike interchange danger erfboondoggle movement place bri evenuesside seawallwayf.ndinguo alteab1l . yt � harbor-bridge waterQ)+- tqcrossingo-pedestrianc �tw scree a-2 a � microtransit U 3: bottleneck o h a rbo rlshoreel i©e omajQafe make' betweensea O bayfront saf et],events micro back � phase flowU business connecting transit consumers/citizens creating areas focused wheelchair hault Total RewIts:38 ilk 110 GREATEST SUPPORT MOST CONCERN REVISED Water Taxi Two-Way Conversion ECOMMENDATIONS Two-Way Conversion TxDOT Lipan Street Overpass Pedestrian Improvements Chaparral Street Phase II Wayfinding TxDOT SEA District Reconnection Sea Wall Staples Street Extension Agnes/Laredo Gateway 7 EXHIBIT A MARKET ANALYSIS The market analysis undertaken by RCLCO in conjunction with the potential infrastructure project prioritization set forth a greater understanding for development potential and needs in the Downtown TIRZ#3 area over the next 10 years. A detailed report and analysis is included in the Appendix of this report, but several key themes are important to consider in context of the recommendations made in this document: 1. Downtown Corpus Christi sits on an accessible and active waterfront lined with a park, marina, aquarium, museums, convention center, ballpark and entertainment/dining options. 2. Visitation is predominantly event and tourist-driven with Downtown lacking a consistent level of local daytime or nighttime population to support an 18-hour environment. 3. A lack of Downtown residential housing options is likely the primary inhibitor to the Marina Arts District, SEA District and greater downtown area reaching its full potential; however, there is sufficient demand for steady annual absorption of residential housing over the next 10 years, especially as more neighborhood services are delivered to serve the growing household base downtown. 4. A key opportunity, and a major factor to improving the retail and office environments, is to first attract more full-time residents. These four key assessments need to be considered in the context of transportation improvements and future development plans and how they relate to supporting quality growth in Downtown. The potential redevelopment and infill opportunities identified later in this report show various areas in Downtown where additional growth could occur in conjunction with the infrastructure and transportation improvement projects. ALIGNING INFRASTRUCTURE WITH DEVELOPMENT In conclusion, this combined roadmap for investment and development in Downtown utilized a detailed analysis based on market realities and work completed to date, as well as feedback gathered from the community to create a critical path of implementation. The project prioritization matrix identifies projects, phasing, area of impact, and the potential planning cost over the course of three different time frames—2018 to 2020, 2021 —2028, and 2029 beyond. These time windows align with City bond funding as well as the start and completion of the Harbor Bridge project. Subsequently,these projects were utilized to identify corresponding catalytic development opportunities that could result from the economic development, urban design and transportation projects.A detailed concept for the SEA District as well as descriptions of additional neighborhood contexts is included to show how successful infrastructure and transit investments can align planning and development projects to generate sustainable neighborhood economics. 8 TIRZ#3 TRAFFIC AND PLANNING ANALYSIS DRAFT I APRIL 2018 EXHIBIT A PROJECT D D D A Projects throughout the downtown area were identified by existing planning documents, such as the recently adopted Downtown Area Plan, direction by City Staff, and extensive public input. Identified projects were then prioritized into time frames determined by the new Harbor Bridge construction (2018 — 2020), post-Harbor Bridge removal (2021 — 2028) and long term (2029+). The prioritization of the projects takes into consideration the approximate order of magnitude costs based on input from City staff, professional judgment, and correlation to catalytic investment opportunities downtown. The following sections outline the short, mid and long-term projects identified throughout this process as well as the planning level costs associated with each project(if available). This matrix is intended to serve as a tool for implementation and prioritization that the City can utilize to make the most impact over the next ten years and to ensure the significant transportation investments occurring in downtown support economic development and quality of life for residents and visitors. x ft 's Additionally, unique redevelopment and infill f; opportunities were identified throughout the downtown area and in relation to each of the infrastructure investment projects over the next ten years. These areas exhibit development in neighborhood contexts " t and are intended to show revitalization opportunities to reconnect the neighborhoods, employment centers, and entertainment destinations as well as make downtown more walkable and pedestrian friendly so that r it may support additional residential and commercial development in the future. These opportunities are detailed in this section along with the corresponding infrastructure projects recommended around each. As c an example of potential build-out, a detailed concept 4 F plan of the SEA District has also been included. As stakeholder feedback and input has reiterated, tV connectivity and accessibility in downtown is a priority. These projects and potential infill areas show how one does not need to be exclusive of the other and focusing Public Town Hall Presentation-November 2017 on transportation investments alongside neighborhood and development improvements sets the stage for longer term sustainable values and desirability for downtown as not only a neighborhood, but as a destination. It is important to take into consideration that as these projects are designed and implemented, it is imperative that each project includes pedestrian accommodations and improvements to bring the pedestrian pathway around downtown Corpus Christi up to ADA standards. SHORT-TERM PROJECTS(2018- 2020) The following projects identified in Table 1 are short-term projects that will happen in the years leading up to the New Harbor Bridge coming online (2018—2020).These projects, shown in Figure 5, and could be implemented in the near future. ® 9 EXHIBIT A FIGURE 5: SHORT TERM PROJECTS (2018 - 2020) S1 Chaparral St. Pedestrian Improvements(Funded) 21 Brewster Street - — f— S2 Phase l(Funded) Shoreline Blvd. Pedestrian $3 Safety Chaparral St. Ph.2 Two-Way ° $4 p y «�,f``A- �"�'i' �� � � 2,�,� , tai. '•�. Conv.(Under Construction) �- s22 $5 Artesian Park Botanical Gardens > Upper+Lower Broadway ; m S6 Preliminary Feasibility Report _ m a $7 Doss/Mestina St. (TxDOT) � } i $8 Lipan St.(Under Construction) ij ss a Comanche St. "' s S9 (Under Construction) S3 $10 Starr St.Two-Way Conv. ss $11 Peoples St.Two-Way Conv. . ., IH-37 i io $12 Schatzell St.Two-Way Conv. ' .: $13 Lawrence St.Two Way Conv. s7 14 Phase 1 (Completed) � 8 t ' 6 n ` c3 $14 Lawrence St. Resurfacing gam. $15 William St.Two-Way Conv. Sst },V, �4 16? 3 i John Sartain St.Two-Way S16 Conversion 3 $17 Coopers Alley Sidewalk � $18 Kinney/Chaparral Intersection Short Term PPrrojec20 cts $19 Agnes Street Feasibility Study Sh=rt=er=Funded: City 19 23 Short Term:TxDOT R S3 $20 Agnes/Laredo Gateway Beautification(Funded) Proposed Projects Not Labeled S24 Signal Timing(Downtown) S21 Flood Wall Flood Protection S25 Micro Transit S26 Traffic Signal to Four-Way Evaluation S22 Salt Flat Levee Repair (Downtown) S27 Wayfinding(Downtown) S28 Downtown Lighting Phase 1 S23 Marina Breakwaters S29 Water Street Signalization(Funded) Improvements S30 Downtown Beautification(Funded) S31 Marina Arts District N Directional Pavement Marlangs l Vm 10 TIRZ#3 TRAFFIC AND PLANNING ANALYSIS DRAFT I APRIL 2018 EXHIBIT A 7ibie Short Term Project Matrix Project Street Name Limits Description Planning Level Costs S1 Chaparral Street Brewster St.to Hirsch St. Pedestrian Improvements $1,170,000 S2 Brewster Street(Phase 1) N Broadway St to Mesquite Street Phase 1 improvements-sidewalks/shared Included in S1 pedestrian/vehicle street Pedestrian safety improvements,crosswalks,and S3 Shoreline Blvd Furman Avenue to IH-37 signage at IH-37,Twigg, Kinney, Park, Furman,and $974,000 Lawrence S4 Chaparral Street Coopers Alley to IH-37 Phase II resurfacing and streetscape improvements $4,900,000 and two-way conversion Upgrade to Botanical Garden-structured gardens, S5 Artesian Park Artesian Park walkway resurfacing, lighting,art,and a wrought $150,000 iron fence S6 Upper and Lower Lipan Street to Twigg Street Preliminary Feasibility Report with signal warrants $200,000 Broadway Street analysis,slope stability,and historic restoration S7 Doss Street/Mestina Street Leopard St.to Crosstown Access Street connectivity with Harbor Bridge Project TBD S8 Lipan Street SH 286/Crosstown Freeway to Reconstruction $1,100,000 Upper Broadway Street S9 Comanche Street SH 286/Crosstown Fwy to Waco St. Reconstruction $1,300,000 S10 Starr Street Water Street to Shoreline Blvd. Two-way conversion and surface treatment(fog seal) $33,000 S11 Peoples Street Water Street to Shoreline Blvd. Two-way conversion and surface treatment(fog seal) $349,000 S12 Schatzell Street Water Street to Shoreline Blvd. Two-way conversion and surface treatment(fog seal) $66,000 S13 Lawrence Street Water Street to Shoreline Blvd Two-way conversion and surface treatment(fog seal) $25,000 S14 Lawrence Street N. Lower Broadway to Water St. Repair damage due to Cosmopolitan construction $130,000 (Mesquite to Chaparral);fog seal and restripe S15 William Street Water Street to Shoreline Blvd Two-way conversion and surface treatment(fog seal) $33,000 S16 John Sartain Street Water Street to Shoreline Blvd Two-way conversion and surface treatment(fog seal) $191,000 S17 Coopers Alley Shoreline Blvd to Sea Wall Sidewalk from Shoreline to the Sea Wall,crosswalks, $50,000 sidewalk to public restroom and two ramps S18 Kinney/Chaparral Kinney/Chaparral Intersection Evaluate intersection for improvements to traffic flow $25,000 Intersection and implement improvements Feasibility study of street configuration and S19 Agnes Street 14th Street to Chaparral Street reconstruction,appropriate bike facility for corridor, $50,000 pedestrian improvements and landscaping S20 Agnes Street/Laredo Carrizo Street to Chaparral St. Gateway Beautification $25,000 Street Corridor S21 Science and History By Corpus Christi Museum of Flood protection;and replace structurally deficient $2,500,000 Museum Flood Wall Science and History flood wall S22 Salt Flats Levee From the wharf at the Port of Flood protection;repair structural deficiencies $2,351,500 Corpus Christi to W Broadway St. S23 Marina Breakwater McGee Beach Pier to Repairs/improvements to the Marina Breakwater at $3,773,300 approximately 1,800 LF north McGee Beach S24 Signal Timing Downtown Wide Downtown traffic signal analysis.Complete the four- $100,000 way stop evaluation project prior. S25 Micro Transit Downtown Area On-Demand Service $100,000Near S26 Four-Way Stop Evaluation Downtown Area Evaluation to convert traffic signals to four-way stop - S27 Wayfinding Downtown Area City wayfinding signs;check with TxDOT for $500,000 signage related to new Harbor Bridge Project 11 EXHIBIT A Project Street Name Limits Description Planning Level Costs Phase 1 North/South Corridors: Lighting replacement, Chaparral St.Coopers Alley to additions,or upgrades in the S28 Downtown Lighting Harbor Drive;Water St. Kinney Downtown area(assuming $560,000 St.to Resaca St.;Mesquite St- High Pressure Sodium) to IH-37 to Hirsch Street S29 Water Street Signalization Coopers Alley to Twigg Street Traffic signalization,signage, $3,931,000 and street lighting Lower Broadway on the west; Adding streetscape elements Downtown Streetscape Shoreline Drive on the east; such as trash cans,dog S30 Improvements IH-37 on the north;Coopers waste stations,vegetated $1,475,000 Alley south planters, light pole medallions and signage S31 Marina Arts PavemenIH-37 to Coopers Alley and t Lower Broadway to Water Directional pavement $7,000 Street Directional Markings markings for navigation 12 TIRZ#3 TRAFFIC AND PLANNING ANALYSIS DRAFT I APRIL 2018 EXHIBIT A THIS PAGE INTENTIONALLY LEFT BLANK EXHIBIT A FIGURE 6: MID-TERM PROJECTS12021 - 2028) 'r M1 Harbor Drive Repair(TxDOT) � oma M2 Port Avenue Repair(TxDOT) M3 Brewster St. Repair(TxDOT) ' —_ `ry 21 M4 Brewster Street Phase II f�E i T iii 6 fty �i di.:_�'a-da fVl2r 2 M5 SEA District Parking Structure 4 M5 M6 North Broadway Street ' " 6 ILL � .� �. M7 N. Broadway Street(TxDOT) M8 Staples Street Extension M7 a M9 Power Street(TxDOT) 9 y t M10 Belden Street(TxDOT) Mlo M71 ae - M11 Tancahua Street(TxDOT) ►- 1 M1 ra M12 IH-37 Gateway Corridor Plan ° ;r , 1 M13 Twigg Street Pedestrian and Bicycle Bridge _ Twigg Street Two-Way Conv. E, ( air. • M14 (Reconstruction Funded) ` . fi M15 Upper and Lower Broadway ; `"� g'� 1 ++ „16 r. - Street Connection (TxDOT) M16 Water Street Resurfacing JW M17 Mesquite Street Two-Way Conv. ` �: ,• M1$ Coopers Alley-Mesquite Street and Chaparral St. Intersection 79 ; M19 Agnes/Laredo Streets 19 16 Operational Improvements ' M20 Agnes Street-Crosstown Drainage(TxDOT) t M21 Sea Wall Flood Prevention and Legend Pedestrian Access Mid-Term Projects Mid-Term Funded:City M22 Water Taxi Mid-Term:TxDOT M23 SEA District Breakwaters Proposed Projects Not Labeled M24 Downtown Lighting Phase 2 Mea Downtown Lighting Phase 2 14 TIRZ#3 TRAFFIC AND PLANNING ANALYSIS DRAFT I APRIL 2018 EXHIBIT A MID-TERM PROJECTS(2021 - 2028) The projects identified in Table 2 are mid-term projects that will happen in the years immediately after the Harbor Bridge construction and the old Harbor Bridge is removed. It is important to distinguish between the projects that would occur immediately after the new Harbor Bridge is constructed and further into the future because the implications to infrastructure and development might be accelerated in the first half of the time period.These projects are shown in more detail in Figure 6. Table 2: Mid-Term Project Matrix Project Street Name Limits Description Planning Level Costs M1 Harbor Drive Under Current Harbor Bridge Street Repair M2 Port Avenue Under Current Harbor Bridge Street Repair M3 Brewster Street Under Current Harbor Bridge Street Repair M4 Brewster Street(Phase 2) Tancahua St.to N. Broadway Street Phase 2:Sidewalk/Shared Ped/Vehicle Street $1,550,000 M5 SEA District Parking Structure City-owned parking lot Parking Structure for SEA District $10,000,000 M6 North Broadway Street Fitzgerald Street to Brewster St. Reconstruction to improve access $1,725,000 M7 North Broadway Street Belden Street to Fitzgerald Street Improvements to access to SEA District Street extension connecting W.Broadway to N. M8 Staples Street Extension Martin Luther King Dr.to N Broadway Broadway Street,includes railroad crossing and $8,400,000 improvements to the existing Staples Street.Bicycle facility improvements and lighting included. M9 Power Street Tancahua St.to N. Broadway Street Street Extension,Two Lanes M10 Belden Street Tancahua St.to N. Broadway Street Street Repair M11 Tancahua Street IH-37 to Power Street Extension to IH-37 Frontage Road - M12 IH-37 Staples Street to Shoreline Blvd. Corridor Plan and Feasibility Study $100,000 M13 Twigg Street Bridge Upper Broadway St.to Tancahua St. Pedestrian and bicycle bridge over IH-37 TBD M14 Twigg Street Mesquite Street to N.Shoreline Blvd. Reconstruction and area beautification;two-way $3,951,000 street conversion;signalization improvements M15 Upper and Lower Broadway Taylor Street to IH-37 North Connection and Landscape Improvements St.North Connection M16 Water Street Buford Street to IH-37 Resurfacing $2,150,000 M17 Mesquite Street Coopers Alley to Belden Street Two-Way Conversion; Resurfacing;Lighting; Bike $6,195,000 Boulevard;and Streetscape Improvements M18 Coopers Alley Intersections at Chaparral and Two-way conversion,proposed traffic signal,street $2,300,000 Mesquite Street pavement reconstruction and sidewalk improvements SH 286/Crosstown Freeway to Operational improvements without adding capacity M19 Agnes St.and Laredo St. Chaparral SUN Mesquite St. (2015-2040 Metropolitan Transportation Plan, $11,000,000 August);utility improvements. M20 Agnes Street SH 286 SBFR to SH 286 NBFR Reconstruction to address drainage issues M21 Sea Wall Ped Improvements The Art Museum of South Texas to Flood prevention and pedestrian access $10,000,000 and Flood Protection Old Harbor Bridge M22 Water Taxi Water taxi service between Marina Feasibility study to identify stakeholders, partners TBD Arts District,SEA District, N. Beach and sources of funding M23 SEA District Breakwater Three Breakwater Segments Repairs near SEA District;protects Sea Wall and $4,200,000 Barge Dock Phase 2 East/West Corridors • MA District(between Lower M24 Downtown Lighting Broadway and Shoreline) Lighting replacement,additions or upgrades $641,000 • SEA District(between Tancahua and Shoreline) 15 EXHIBIT A FIGURE T LONG TERM PROJECTS (2029 +) L1 Hirsch Street Extension is 0 L2 Starr Street Z`0 c L3 Peoples Street L4 Shatzell Street ; L5 Lawrence Street Two-Way , - �� e r »A Conversion -" �� � ? ati ; • 4 9 1. L6 William Street ' L7 John Sartain Street Two-Way � *` Conversion * t 1 e ` IH-37 � t _ L5 _ N�w.'Y�FB w -5J-Jlr LS L7 a. ,f ,. Al. I Legend Long Term Projects 16 TIRZ#3 TRAFFIC AND PLANNING ANALYSIS DRAFT I APRIL 2018 EXHIBIT A LONG TERM PROJECTS (2029+) The following projects identified in Table 3 are long term projects that the City has identified as projects that they would eventually like to see come to fruition (2029+). Although important to downtown and its development, these projects would require extensive additional study before they could be moved forward. Additionally, market trends and traffic needs could shift between the implementation of short and mid-term projects that the scope and need of the long-term projects could shift or evolve. These projects are shown in Figure 7. Table 3:Long Term Projects Matrix Project Street Name Limits Description Planning Level Costs Li Hirsch Street Extension Chaparral St.to Shoreline Blvd. American Bank Center Extension $660,000 L2 Starr Street N. Lower Broadway to S.Shoreline Resurfacing(Rehabilitation) $736,000 L3 Peoples Street N. Lower Broadway to S.Shoreline Resurfacing(Reconstruction)and Bike Blvd. $879,000 L4 Schatzell Street N. Lower Broadway to S.Shoreline Resurfacing(Rehabilitation) $838,000 Resurfacing(Rehabilitation);Two-Way L5 Lawrence Street N. Lower Broadway to S.Shoreline Conversion between Mesquite Street and Water $786,000 Street,and bike boulevard L6 William Street N. Lower Broadway to S.Shoreline Resurfacing(Rehabilitation) $627,000 L7 John Sartain Street Mesquite Street to S.Shoreline Blvd. Resurfacing(Reconstruction)and Two-Way $748,000 Conversion between Mesquite St.and Water St. 17 EXHIBIT A FIGURE 8: SEA DISTRICT CONCEPT PLAN Single Family 1 Detached 23 u `rte 2 Multi-Family i y 3 Single Family Attached 4 Retail/Office 5 Hotel/Hospitality 6 Mixed-Use — p 179 Restaurant/ r, Destination �1 13 l ` �� 72 8 Cottage Homes J '_±.. 10 y " 9 ABC Extension ��' f 15 �S ST 5 44. ♦ ' HIR 10 Whataburger Field 9 - - PORT AVE �11 8 ' Hurricane Alley i s Waterpark y BReNa'�"s? 0 12 Watergarden 7:. 18 i 13 Art Museum of South Texas - s 14 Heritage Park r 1 7 uf, ESAGA-S7 4 15 Ferry Connection - r s m 16 Museum of Science �, W and History - '�~ e $ ' �S1 s W 17 Sea Wall Extensions S. r w 18 Parking Structure I sl zo r 1 o s 4 1 �} m 19 Concrete Street Amphitheater Y�0 3 to. 2 20 Staples Street Extension 2 21 Old Bayview Cemetery 11 22 American Bank Center - � -- t 23 New Harbor Bridge y 24 i 24 Old County y r� Courthouse rlff� , 25 Federal Courthouse pOH 18 TIRZ#3 TRAFFIC AND PLANNING ANALYSIS DRAFT I APRIL 2018 EXHIBIT A RECONNECTED NEIGHBORHOODS The SEA District plays an important role within the greater downtown and TIRZ #3 area as not only the entertainment destination, but as the area with the greatest redevelopment opportunity. With significant development projects proposed around Whataburger Field and the American Bank Center, including the Historic Courthouse Redevelopment project that will bring even more tourists and residents to the district supporting reconnectivity as well as walkability is paramount. Restitching the street and block grid together where the old Harbor Bridge sits today will create additional blocks for redevelopment and allow the former neighborhoods to the west to be reconnected to the neighborhoods around Heritage Park and the museums.These homes could be small single family units with zero lot lines or cottage courts around intimate open spaces, or townhomes facing the streets and bringing a 24/7 human presence. Small pockets of retail and hospitality uses will support visitors and residents alike. CONNECTING PLANNING +TRANSPORTATION Considering prior downtown planning, the market study, stakeholder input and the Team's professional experience, the following neighborhood contexts were identified in addition to the SEA District, especially as existing, emerging and potential areas for alignment with infrastructure investment to tie together the recommendations for transportation, infrastructure and market need contained in this plan. The SEA District concept plan detailed a full future build-out of short, mid, and long-term infrastructure projects detailed on the prior pages, but reinforces the importance of making sure these projects are completed in consideration of each other. The downtown gateway of SEA District and the MarinaArts District,the IH-37 corridor will undergo a significant transformation after the old Harbor Bridge is removed. Wayfinding and signage will support new infill development around the existing destination restaurants and businesses, fostering the sense of arrival into an area seeking vitality. Peoples Stree Along the historic sea wall in downtown and one of the few direct connectors to Shoreline Boulevard and the T-heads from Uptown, the already popular Peoples Street can also become one of the Marina Arts District's key pedestrian corridors. The wide sidewalks, historic structures, large trees and opportunity for on-street parking support a pedestrian-friendly environment. It is recommended that this corridor remain one-way east of Water Street, but that redesign facilitates slower speeds so that this area transforms into a vibrant commercial destination. South Shoreline Boulevard Pedestrian improvements within and connecting through the southern portion of Shoreline Boulevard around the park and Bayfront District could enhance proximity to existing neighborhoods and underutilized commercial areas making the area attractive for infill residential. Agnes and Laredo The Agnes and Laredo corridor will serve as an important downtown gateway resulting from the relocation of the existing Harbor Bridge. The reinvention of the streets into pedestrian-friendly corridors that connect the existing single family and commercial fabric to downtown will enhance the burgeoning commercial services, artisan manufacturing and design businesses as well as support the upgrading of the residential fabric as well as improve the utilization of the park. Medica nistrirt With the expansion of the medical district, streetscape improvements will make area infill development more attractive as a result of improved connectivity to the Shoreline Boulevard corridor. 19 EXHIBIT A THIS PAGE INTENTIONALLY LEFT BLANK EXHIBIT A NA --Wff CONVEBSIDN 'z The recommended project that generated the most diverse responses from stakeholders was the one- way to two-way conversions throughout downtown. Both one-way and two-way streets have their various advantages and disadvantages that are determined by the environment in which they serve. Historically, various streets in the Marina Arts District (i.e. Chaparral Street) operated as two-way traffic for some time _ before they were converted to one-way operations. In this case, it is recommended that the City consider converting certain streets in downtown from one-way to two-way in phases over the next decade. With each street conversion, there are design and construction costs,including the impact - businesses will experience during construction. z Typically, one-way streets result in faster traffic flow with less turning movements at intersections and easier traffic signal coordination. Retaining the one-way operations with modifications could provide additional space for other improvements, such as bike lanes, wider sidewalks, curb i extensions, landscaped islands and angled parking. On Historic Photo of Mesquite Street as Two-Way(Source:Corpus the other hand, converting to two-way streets would create Christi Public Libraries Digital Archives) a standard grid of streets that is more intuitive for drivers, particularly visitors unfamiliar with downtown. Two-way streets can also reduce trip length due to improved accessibility to the destination. Unexpected one-way streets can lead to wrong-way driving and increased safety hazards if not designed and implemented properly;therefore, all two-way conversions should be designed and implemented under the supervision of an engineer. Proper implementation should include, but is not limited to, the recommendations listed in the Appendix and the visual cues discussed later in this chapter. EXISTING CONDITIONS The existing downtown street network consists of a multitude of one-way streets, with the exception of Shoreline Boulevard south of William Street, Water Street, Coopers Alley, Kinney Street and Mann Street. Figure 9 shows the existing one-way streets in the downtown area. PROPOSED CONVERSIONS Although converting all the Marina Arts District streets to two-way operations is ideal, the City has recently implemented multiple street renovations and other projects that would be better left in place. This, along with the consideration of on-street parking for businesses in the area, has led to the selection of specific streets to potentially be converted from one-way to two-way: • Chaparral Street from Coopers Alley to IH-37 • Mesquite Street from Coopers Alley to Belden Street • Twigg Street from Mesquite Street to Shoreline Boulevard • Starr Street from Water Street to Shoreline Boulevard • Peoples Street from Water Street to Shoreline Boulevard • Schatzell Street from Water Street to Shoreline Boulevard • Lawrence Street from Mesquite Street to Shoreline Boulevard • William Street from Water Street to Shoreline Boulevard • John Sartain Street from Mesquite Street to Shoreline Boulevard Figure 10 shows the proposed network changes in the downtown area. 21 EXHIBIT A FIGURE 9: EXISTING ONE-WAY STREETS One-WayStreets �- ` v 'i OF �. r I ` f L . r iF + 1 Fj 1 4.41 ., _. it µ rA f i r w �s ff '• T ai 5l y �• �--�t F t!� • ler .t� ,`!' .�_ ,.,�I�Ir' _j�.:,. Ak_ti - ♦ .! 'F` ,T _L -+! mss_ _ . R I J �' '�� a pr ( •^k 1'4".w,�a.r 4' � �• :'' vt iw 22 TIRZ#3 TRAFFIC AND PLANNING ANALYSIS DRAFT I APRIL 2018 EXHIBIT A FIGURE 10: PROPOSED TWO-WAY STREET CONVERSIONS 4 4, One-Way to Two-Way Conversion-Short Term One-Way to Two-Way Conversion Mid-Term � •, � One-Way to Two-Way Conversion-Long Term Existing Signalized Intersection Impacted by - I _� ,� 1%• O Two-Way Conversion - _Tilp r" •` - ,, � \ � �*•,fir s� _. ► _ One-Way Streets IL l7-1 A I P � IZ 06�11 Is I AK vo Rk r � 23 EXHIBIT A MOBILITY NETWORK IMPLICATIONS The conversion of certain streets from one-way to two-way will create changes in the mobility, demand and functionality of the network.The tables in the Appendix provide details of the physical changes along each roadway and their implications and conceptual cost.A visual example of the potential changes at an intersection, specifically Chaparral Street at Twigg Street, can be seen on the following page. Although there are existing signalized intersections that can be impacted by the one-way to two-way conversion, Project S26: All-Way Stop Evaluation should take place prior to the conversions so that intersections that do not warrant a traffic signal can be converted to all-way stop intersections during the conversion process. If an intersection does need to be converted to an all-way stop, the City should consider using their signals as red flashers if possible instead.Therefore, the improvements to convert each intersection or segment provided in the Appendix is preliminary in nature and is based off the existing infrastructure. IMPLEMENTATION These changes to the network will require drivers to develop new behavior when traveling through the Marina Arts District. Visual cues to drivers and pedestrians will need to be upgraded to discourage wrong-way driving and help ease the transition between the existing network and the proposed network. Visual Cues to Drivers The improvements listed in the Appendix include updated signage and pavement markings to allow for simple and quick decision-making. The City should also consider implementing lane direction arrows, wrong way signs, red/white raised pavement markers and mid-block one-way signs where drivers may be confused about the direction of travel for the street they are on or trying to turn onto. FIGURE 11:VISUAL CUE EXAMPLES FOR ONE-WAY STREET CONVERSIONS 'A BEGIN ONE WAY CASE STUDIES A recent case study review investigated the economic impacts associated with conversion of one-way streets to two-way traffic flow in six cities across the U.S. between 2004 and 2011. The researchers found that: • Streetscape improvements that are undertaken in connection with larger economic development and livability strategies are more successful in arts and entertainment sectors; • The arts and entertainment, recreation, accommodation, food, and professional services industries generally experienced positive growth in areas around new two-way streets; • Residential units were also found to increase in several of the cities where conversions took place, especially when paired with downtown housing programs; • Another pattern suggests that higher-income individuals move into areas around the converted streets as incomes around these improvements are shown to grow faster than surrounding areas. William Riggs & Bruce Appleyard (2018) The economic impact of one to two-way street conversions:advancing a context- sensitive framework,Journal of Urbanism:International Research on Placemaking and Urban Sustainability, 11:2, 129-148,DOI: 10.1080/17549175.2017.1422535 24 TIRZ#3 TRAFFIC AND PLANNING ANALYSIS DRAFT I APRIL 2018 EXHIBIT A FIGURE 12: EXAMPLE INTERSECTION CHAPARRAL STREET AT TWIGG STREET(CURRENTLY SIGNALIZED) EXISTING CONDITIONS ' a - - TWIGG STREET o !`per• �,� __ _ _. - _.- 6 WPU Legend Existing One-Way Movement �`+'` { •i I PROPOSED CONDITIONS (AFTER TWO-WAY CONVERSION) f I _ r } Remove ' N1 one-way Install radar sign Remove fn detection for .0 y; ,Rotate no Install pole,mast arm and one-way westbound - parking sign two signal heads for new sign - approach i,•.. westbound approach „*- 1-.••x Remove one-way sign Remove do not :Stripe stop bars and crosswalks r ti enter sign TWIGG STREET . - -' _ Stripe double yellow •fi'�=-�-- �.r center line(typ.) c _ - Retime signals for _ • �—� -- i f-` Remove do not Remove new approaches Remove lane >t: .enter sign one-way assignment sign 1 4. sign a ps Adjust existing - - signal heads andtion - radar detection In addito these improvements, 71 •'� I_ Remove no pedestrian facility improvements left turn sign are needed to meet ADA standards. '1 " Ir f Stripe -street parallel park ng spaces and bulb out per Stripe lane assignment ' TMUTCD guidelines(typ.) arrows(typ.) 25 EXHIBIT A THIS PAGE INTENTIONALLY LEFT BLANK EXHIBIT A DW�v A D i These recommendations and strategies for investment over the next ten years have been outlined in this report for short, mid and long-term implementation. Timing these projects around available funding sources and the construction of the new Harbor Bridge project will be integral to making sure efficient protocols are put in place for development and traffic management during construction phases. The City should work with land owners and private developers as projects arise to ensure that potential development and redevelopment is aligned with future infrastructure projects as much as possible. Additionally, educating the public and private sectors on these upcoming projects will help identify overlap and might accelerate some needed land development or investment as the public improvements come to fruition. CAPITAL IMPROVEMENT PROGRAM RECOMMENDATIONS The cost estimates for each project is for planning purposes only and not for construction or bidding. Before projects can be implemented, initial efforts need to be focused on potential funding sources, including the City's Capital Improvement Program, TxDOT, TIRZ#3, and the Downtown Management District, etc. These investments will require coordination between all the entities and it is important that relationships among the organizations tie together to implement the needed investments. The project matrices take these relationships and coordination strategies into account and the stakeholder engagement with multiple departments and organizations reaffirmed the need. Select stakeholders expressed desire to see expanded coordination between the City and the MPO or TxDOT as a measure to bring accountability to project implementation and overall success. TxDOT Coordination Strategy The Mayor and City Council made it clear throughout this process that the coordination with TxDOT on anything associated with the Harbor Bridge and the reconnection of city streets needs to be a priority at the onset. This project and these recommendations take advantage of bridging p' the relationship with TxDOT to ensure that there are no unforeseen gaps in construction and implementation timing as it relates to the Harbor Bridge. Texas Representatives from the City and from TxDOT were engaged during this of Trsaspartetien project, but because it is such a large undertaking there needs to be additional engagement beyond what was done during this process in terms of where the /f \ former Harbor Bridge was located in the SEA District and how the connectivity between the Marina Arts District and SEA District is enhanced. The recommended projects bring all parties to the table and demonstrate how TxDOT, the MPO and City funding sources are allies on these projects and if done in concert can have a greater economic impact to the community beyond straightforward roadway improvements; which, in the long run, will be more cost efficient and effective for all parties. PROGRAM AND POLICY REFINEMENTS In addition to the recommended infrastructure prioritization and capital improvement projects, several policy level projects should be undertaken in the short term to maximize public investment dollars and ® 27 EXHIBIT A support quality development within downtown. Each of these programs and policy recommendations would require additional study and evaluation. Table 4 identifies recommended policy and program projects that should be implemented in the next two to three years. Table 4: Policy Implementation Recommendations Program/Policy Recommendation Implement MPO Bicycle Mobility Plan As street improvements are made and one to two-way conversions occur, roadways should integrate recommended bicycle improvements and routes as identified under the MPO's plan. Bus Routes—RTA Transit 20/20 Plan Per the RTA's Transit 20/20 Plan,bus routes through downtown should be reexamined as infrastructure improvements occur to identify potential efficiencies and additional routes that might become available under the two-way conversions or street grid reconnections. Extend TIRZ#3 to Agnes and Laredo Maximize the value capture of Downtown by extending the TIRZ #3 boundary to the full extent of Agnes and Laredo from downtown to SH 286/Crosstown based on the recommendations in this report. Sidewalk/Street Tree Management and Maintenance Within the Downtown Management District and greater TIRZ #3 Area, clarify responsibility for sidewalk maintenance and improvements that will: • ensure consistency in quality, style and safety along all street networks; • reduce the burden on local businesses or owners; • enable more effective management of street tree care and preservation;and • explore cost-sharing program options Downtown Parking Study Action Plan The strategies identified in the recently adopted Downtown Parking Strategy by the City should be implemented. Water's Edge Task Force The City should work with the Downtown Management District and/or TIRZ#3 Board to create a water's edge task force that helps support maintenance,activation and programming of the shoreline and T-heads. Construction Phasing and Management The City should organize phasing of concurrent construction projects to minimize traffic impacts, as the Harbor Bridge construction is underway. This should also take into consideration truck traffic and operational standards that might be impacted during construction. Amend Ordinance to Delete One-Way Streets The City should amend its ordinance to remove the one-way streets from its policies and implementation strategies. Amend Urban Transportation Plan Delete redundant collectors on the Urban Transportation Plan. Form Parking Alliance Working with downtown partners and organizations, the City should form a parking alliance to encourage shared parking strategies and implement the recommendations from the downtown parking plan recently adopted. Truck and Loading Zone Standards The Downtown Management District should work with local businesses to develop truck and loading zone standards. These recommendations are not all-inclusive and might result in additional policy needs, but they will help address the immediate needs identified during this process and during stakeholder interview sessions. The roadway improvements will help alleviate several complaints and frustrations for Downtown, however, without the proper planning for economic development and policy-level details, the adjacent owners will still experience frustration when it comes to day-to-day life in Downtown. 28 TIRZ#3 TRAFFIC AND PLANNING ANALYSIS DRAFT I APRIL 2018 EXHIBIT A EXHIBIT A 'a" vi AV aLL- suka r , X17- +�! l• �� - f *0 � � -moi:� ♦'- ./ { M. EXHIBIT B rA WF 06 i tit e i i i ` CORNUS CHRISTI TX I APRIL 2018 i GATEWAY ES RCL Kimley>»Horn PLANNIf,,,N EXHIBIT B EXHIBIT B APPENDIX 0 ° 0 A PREPARED BY RCLCO REAL ESTATE ADVISORS CONTENTS Economics and Demographics............................................................................................................A1 PreliminaryMarket Overview...............................................................................................................A6 ResidentialMarket Overview...............................................................................................................A9 Retailand Office Market Overview......................................................................................................A15 DowntownEmployment Analysis.........................................................................................................A18 CriticalAssumptions............................................................................................................................A21 GeneralLimiting Conditions................................................................................................................A22 OBJECTIVES RCLCO's objective with this engagement is to inform the City of Corpus Christi about strategic areas of focus and timing of downtown redevelopment and revitalization. In addition to infrastructure improvements, the City of Corpus Christi hopes to coordinate policy and redevelopment efforts to create a vibrant downtown environment. In order to accomplish this objective, RLCO analyzed the following land uses to inform redevelopment: Rental Residential >> For-Sale Residential Retail >> Office ECONOMICS & DEMOGRAPHICS Household Density Over the past 10 years, the Corpus Christi Metropolitan Statistical Area (MSA) has grown at a moderate pace, with household growth averaging about 1.1% or roughly 1,850 new households, annually. Going forward, household growth in the MSA is expected to continue at this moderate pace. In Corpus Christi,the majority of households are concentrated south of downtown along the Highway 358 corridor, between downtown and Flour Bluff. Unlike most other downtown districts, Downtown Corpus is one of the lowest household density blocks in the area, despite a relatively large concentration of employment (see page 32). Currently, there are approximately 1,200 households in the Tax Increment Reinvestment Zone#3 (TIRZ #3) with significant opportunity for household growth downtown in the next five to ten years. ® Al EXHIBIT B HOUSEHOLD DENSITY BY BLOCK GROUP Corpus Christi,TX MSA;2017 IFNueces Bay >10,000 to 22,000 >7,000 to 10,000 >5,000 to 7,000 >2,000 to 5,000 0 to 2,000 pus TIRZ #3 Corpus Christi District Bay v *g Ranch A2 TIRZ#3 TRAFFIC AND PLANNING ANALYSIS DRAFT I APRIL 2018 EXHIBIT B Share of Total Population by Age Cohort and Year Age, Income, & Education: Corpus Christi, TX MSA; 2010, 2017, & 2022 A increasing share of the Corpus Christi MSA population is aged 55+, 30% suggesting growing support for age- targeted residential product to appeal to this demographic. Additionally, the 25% only other demographic segment that is increasing proportionally is the 30-39 20% year old contingent. Though this group contains many family households, it also includes young professionals and 15% pre-families which often demonstrate higher propensities for more mixed-use L and walkable urban areas. 10% Though the large number of seniors 5% and students skew the income distribution slightly lower, there is a high concentration of households 0% are in middle-income brackets, with Under 20 20-29 30-39 40-49 50-54 55-64 65+ approximately 30%of MSA households earning between $50,000 and Population Age Cohorts $100,000.' These income brackets can Year of Estimate: 2010 ■2017 ■2022 typically afford housing priced between $140,000 and $350,000 or $1,250 to $2,5003 per month in rent, providing Share of Total Population by Age Cohort and Year strong support for moderately priced Corpus Christi, TX MSA; 2010, 2017, & 2022 housing options in central Corpus Christi. 12% Education: According to the Census Bureau, 27% of people over the age of 25 years old in the Corpus Christi MSA 10% have an Associate's degree or higher, this is compared to the state of Texas Middle-Income: High-Income: with 35% of people having at least an 8% 30%of 21%of Associate's degree. See first Households Households footnote = 6% 0 Though there is a large concentration of v 4% households earning below $50K, this income bracket is largely comprised of households over the age of 55 who are retired (with income not indicative of household wealth)and households 2% under the age of 35, which includes students. 2 Based on mortgage payment sensitivities on a 30-year fixed rate mortgage with a 3.85%interest 0% rate, 2.55% tax rate, 1.08% home insurance, <$35K $35K-$50K $50K-$75K $75K-$100K $100K+ 10%-20% down payment (1% PMI on loans under 20%down payment),and assumes typical Annual Household Income households monthly debt payments of$500. Age of Householder: <35 35 44 V 45 54 ■55 64 ■65+ 3 Rental rate range based on 30% of household A g income, conservative compared to the usual 3x multiple required by apartment operators. SOURCE.Demographics-ESRI Business Analyst(2010, 2017,2022),Mortgage assumptions-Nueces CAD, Redfin, Bankrate, CNBC, RCLCO A3 EXHIBIT B rmploymen The Corpus Christi MSA was one of the fastest metros to recover from the Great Recession, recapturing all job losses by April of 2012. Between 2011 and 2013, Corpus Christi added an annual average of over 5,000 jobs or a 2.8% compounding annual growth rate (CAGR), compared to the long-term average since 1990 of under 1,900 annual new jobs (1.2% CAGR). However,the collapse of oil prices in 2014,with West Texas Intermediate(WTI)Crude Oil price dropping from $106/barrel to a low of $30.32/barrel in February of 2016 negatively affected the local economy with stagnate employment growth in 2015 and job losses in 2016. Corpus Christi's dependence on the oil and gas industry is apparent based on the strong linear relationship between WTI Crude Oil prices and MSA employment, as total MSA employment typically increases as crude oil prices rise. Near-term employment projections are strong after Hurricane Harvey's landfall, with robust projected employment gains in the Education and Healthcare, Construction, and Professional and Business Services industries. Historical and Projected Employment Growth Corpus Christi MSA: 1990-2030 a 6 4 0 0 —————— 2 2 c� Eo _ 0� '000 4h �00� �O �0 �0�0 �O�h 1�\ L0�0\\41 L0�0\\ LOLO41 a -2 -4 -6 �Historical ®Moody's Projection -Historical Avg.Annual -Moody's Avg.Projection Recession NOTE: According to the National Bureau of Economic Research, "a recession is a significant decline in economic activity spread across the economy,lasting more than a few months,normally visible in real GDP,real income,employment,industrial production, and wholesale-retail sales."The financial crisis began in December 2007 and ended in June 2009, but the Great Recession is often associated with the period between 2007 and 2012. SOURCE: Moody's Analytics;Bureau of Labor Statistics,RCLCO A4 TIRZ#3 TRAFFIC AND PLANNING ANALYSIS DRAFT I APRIL 2018 EXHIBIT B Employrr,-$. Downtown Corpus Christi is the most significant employment core in the MSA and accounts for approximately 15% of total employment and over 25%of total FIRE, STEM, and Professional Service employment. -Iuptrnployrnent(;ores and Corridor Corpus Christi MSA: 2015 Aransas Piss + rtlantl Ingleside Harbor f-I idIslaIiday Rdedfish Bay ..-�,nsas AI rl5tli=arpr5 Christi �C r Bay A9u�tarag '. ISlafid ar, ?3!f I u� hiusk�ny I'•II••IIIL.', Island sp 0�io Creek I~]` 20,000+ Downtown/Uptown 20,000 15,000 20,000 Joe Fulton Trade Corridor 18,100 10,000-15,000 La Palmera/Sunrise 15,600 Staples St. 5,600 5,000- 10,000 5 Airline Medical 4,600 2,500-5,000 6 1-37/Hwy 358 3,700 7 Crosstown/S. Padre 3,000 <2,500 8 Saratoga/Staples 2,700 9 Flour Bluff 2,500 NOTE: 'Rockport not shown on map for scale and quality enhancements, The Flour Bluff employment core (#9) includes some sections that overlay over water given 10 Robstown 2,100 census geographical boundaries. 11 Portland 2,100 SOURCE:U.S. Census Bureau-Longitudinal Employer-Household Dynamics(2015), 12 Ingleside 2,000 RCLCO 13 Port Aransas 1,500 14* Rockport 1,400 15 Texas A&M Corpus Christi 1,180 16 Naval Air Station a,5oo A5 EXHIBIT B PRELIMINARY MARKET OVERVIEW Potential Areas of Redevelopment Given that most planned near-term* infrastructure projects, such as Kinney Power Street Pump Station ' aae Fulton Intl Tr ade CnYtIdor Improvements, McGee Beach Nourishment, Morgan Avenue (Ocean SEADisrricr Drive to Staples Street improvements, F Navigation RI�d Partofl]ar�u> p ) p Christi-hJorthside and Chaparral Street Phase Two improvements are located in close i CU56') CO Po rtofC or proximity to or within the TIRZ #3, Cnesti-snut e RCLCO recommends focusing Feld redevelopment efforts in the TIRZ #3, �� a, e, * especially in the Marina Arts District. •a � � TIRZ#3 Planned infrastructure projects in them c �Q immediate area increase access ander mobility, and are likely to enhance the t Z Q TIRZ #3's desirability as an area of E x investment and development. '' y = L'v7goSc ____ 133-Ae�� _ rl y 4n Beginning revitalization efforts with the '� iAt3`` - 9� 9 Lcop aYd S i t_�.- Christi Marina Arts District south of the I-37 y Access Road can help build a residential Otherransirion St 9 base downtown, especially because Zonesry cirnianct there are a small number of planned ��° p fY Be I-lilt � � +�Q.r� C met.ry 'T P .roc c multifamily and retail developments orpus underway in this area. La st t 'Fiisri { After the Harbor Bridge is relocated, J o Maty St connectivity between the Marina ArtsLn ,; u District and the SEA District will improve, Ru, SiMarina Arts h encouraging development further north J 3 P13uQ f , District into the SEA District. 3 y G Cr�i9 t Another area of potential redevelopment ; M`" `'" `¢ T LIIz3bpth St to the south, the Agnes and Laredo S_ corridors, serve as main thoroughfares 4 r e ° Agnes& Laredo to and from downtown. Investment in _ n=' s ���' i, :' r �� Corridors this area can also help increase the F desirability of downtown and bring development to the TIRZ#3. Near-term defined as 2018-2023 SOURCE: Department of Engineering Services at the City of Corpus Christi,RCLCO A6 TIRZ#3 TRAFFIC AND PLANNING ANALYSIS DRAFT I APRIL 2018 EXHIBIT B Downtown Development In order to generate demand for a variety of land uses and weave together the existing attractions in downtown Corpus Christi, including the Whataburger Baseball Stadium, the Museum of Science and History,Art Museum and Water Park, it is first necessary to build a critical mass of full-time households in the downtown area. Unlike seasonal and temporary visitors, permanent residents located downtown represent the connective tissue that in turn supports additional retail and attracts employers, eventually transforming an area into a vibrant mixed-use district and lively 18-hour urban environment. Locally-serving retail, Downtown household such as a grocer, growth,fueled by pharmacy,and dining infrastructure options,emerge to serve improvements and downtown "local" renewed investment in households&visitors Downtown alike Corpus Christi Neighborhoods mature, Employers in various creating the connective sectors,seeking to tissue between existing attract and retain talent, destinations/attractions, locate to dynamic, and in turn drive demand walkable mixed-use for more destination- areas downtown oriented retail and increased visitors EXHIBIT B Downtown TIRZ#3:Redevelopment Opportunities In the next five years, RCLCO recommends that the City of Corpus Christi focus redevelopment efforts primarily on the Marina Arts District, given that this area has the largest concentration of existing office and hotel towers, is slated to experience several infrastructure improvements, and has several planned and recently delivered apartment projects that represent a small and growing household base. In the longer-term, RCLCO recommends that the city continue to build out the Marina Arts District, and also begin investing more in the SEA District as the Marina Arts District stabilizes and major infrastructure projects, including the bridge demolition and associated improvements, are completed in the SEA District.' Land availability and the City's ownership of parcels in the SEA District could create a more fluid environment for concentrated and coordinated development efforts. It is important to note that demand is dependent on the City actively engaging in downtown and illustrating renewed interest in the urban core. 1-5 YEARS 5-10 YEARS Develop new rental units in addition to currently Potential for additional new units in the Marina Arts Rental District and some units in the SEA District, especially Residential planned units in the Marina Arts District to begin to increase household density in the TIRZ#3. near attractions, once the Nueces Bay Causeway bridge is relocated. Develop/renovate a modest amount of townhomes and Continue to develop condos, townhomes, and small lot For-Sale SFD units,focusing on the Marina Arts District, with single-family units in the Marina Arts District.There is Residential some neighborhood-scale townhomes and/or single- also increased opportunity for new for-sale product in family dwellings in SEA District. the SEA District once the bridge is relocated as a more predictable environment emerges. Establish basic neighborhood services e.g. a small Create a small concentration of bars, restaurants, and Retail grocer/market, pharmacy, and dining options in the shops to capture local demand from new households Marina Arts District to support residential growth. as well as serve visitors and tourists. Office Limited potential for new"class A" office in the short- Possible demand for new or renovated office space. term Demand by Land Use, Timeframe, and District within the TIRZ#3 80,000 800 70,000 700 60,000 600 CD 0 50,000 500 2 40,000 400 0 V) 30,000 300 20,000 200 10,000 100 0 0 Rental For-Sale(R) Retail(L) Office(L) Rental For-Sale(R) Retail(L) Office(L) Residential(R) Residential(R) 1-5 Year 5-10 Year ■Marina Arts n SEA District SOURCE.Costar(2017),ESRI(2017),RCLCO ' This analysis assumes 90%of development efforts focused in the Marina Arts District in the first five years, and 60%in the following five years. See demand slides for more detail on each land use. Demand for residential units in the chart above is usina the upside scenarios. A8 TIRZ#3 TRAFFIC AND PLANNING ANALYSIS DRAFT I APRIL 2018 EXHIBIT B RESIDENTIAL MARKET OVERVIEW Map of Existing Multifamily Apartment Rentals Corpus Christi Rental Apartment Market Overvi-7 E N.Tora,l, Historically, apartments have clustered south of downtown, adjacent to La 2017 Palmera Mall and Texas A&M University 1950 Corpus Christi. � 1P - Pu 500 Units s —c- ti i 50 Units Since 2012, multifamily rental , TIRZ#3 occupancy has been relatively healthy, g-os '± with an average occupancy of 93% (over 94% excluding 2016 and 2017) of 4,*gan Ave and net absorption of approximately ate' 500 units, annually. However, after the +� delivery of more than 2,400 new unitsF�#nf in 2016 and 2017 in conjunction to jobs losses due to the decline of oil prices, ' a occupancy has dropped across the af MSA to 90.8% in 2017. , r Recent deliveries have higher rents per square foot on average, with deliveries since 2010 demonstrating a 24% premium over the MSA average, which was$1.06 in 2017. f rn SOURCE.Axiometrics,CoStar, ESRI,RCLCO a Cabanisr. S' TO Fe4dNas - rl'ef OsO it .%.44 Multifamily Net Absorption, Deliveries, and Occupancy Corpus Christi, TX MSA; 2003-2017 1,400 96% 1,200 95% stf 1,000 94% 800 600 93% � 400 92% ma 200 z10 CD 0 1 1 ■ 1 I 90% a -200 , 89% -400 88% M � Ln c0 Il- cc m O N M LS'J (9 I� O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N Net Absorption Deliveries Occupancy A9 EXHIBIT B DOWNTOWN RENTAL APARTMENT MARKET Recent Rental Apartment Trends Map of Recent and Planned Multifamily Developments Although historically apartment TIRZ#3, Corpus Christi; 2010-2019 development has concentrated south of downtown, the TIRZ #3 has seen Industr of Ca Port of Cc us significant multifamily development C hdstk-&nut side activity since 2010. Out of 22 total ',P.h t ,htu=� multifamily deliveries in the MSA since P Field TheCosmopolitan PSFlitan 2010, three of them are located in the $1.78 PSF TIRZ #3 District. However, all of these recent deliveries are located south - of I-37 downtown, with no multifamily Nueces Lofts rentals in the SEA District to-date. �; r' �g $1.56 PSF Z Most recently, Phase I of The Cosmopolitan was delivered in the TIRZEn #3 in 2017; as of November 2017 the "e "' #�agaS# property was in lease up with a total of �1c1 r, 89 units in Phase I and 76 units in Phase Christi 11. This new development is targeting a (ae) -i — much higher rents than the historical , U) average in the MSA; at an average Lip il p� St ? effective rent of $1.78 per square foot, 7 it is positioned at the top of the market. T 7 Downtown Apartment Pipeline �0I-D rt J In addition to the existing apartment L 1 D61 Sk CID : tLa supply downtown, there are several p* raE.S planned and incentivized TIRZ #3 M as multifamily projects worth noting. The L Clock Tower Apartments and 600 Building plan for 149 and 126 units respectively, and are scheduled to Bay Vista Pointe deliver in the next two to three years. Ei�iicsl '1 $1.53 PSF There are also a couple of adaptive Recent Delivery ` reuse projects, such as the Studio 21 Planned Apartments and Broadway Lofts that fall within the TIRZ #3 boundaries; these planned renovation projects will deliver fewer than 50 units apiece. SOURCE.Axiometrics,Caller-Times,Costar, ESRI,RCLCO A10 TIRZ#3 TRAFFIC AND PLANNING ANALYSIS DRAFT I APRIL 2018 EXHIBIT B Kev "f=irst-Mover"Renter:Segments National Renter Propensity to Choose Urban Downtown Living, by Student &Young Professional Age and Income* Residential Opportunity INCOME UNDER35 , 55+ There is an opportunity to capture Less than $35,000 15% 15% 9% demand for downtown apartments in $35,000-$50,000 16% 12% 3% Corpus Christi with the large pool of post graduates and students from two tertiary $50,000-$75,000 25% 17% 11% educational institutions in Corpus Christi. $75,000+ 18% 8% 9% TOTAL 18% 13% 8% Although Texas A&M University Corpus Christi is approximately eight miles from Interstate-37 and Shoreline Boulevard, there is an opportunity to capture some demand for downtown apartments from the enrollment pool of just over 12,000 ' students. Increasing the supply of ' multifamily rental housing downtown is especially pertinent given that 82% of 1,,, TEXAS A&M UNIVERSITY all Texas A&M Corpus Christi students i0iCORPUS CHRISTI chose to live off-campus in 2016. Downtown likely has greater appeal for SOURCE.Del Mar College;*Na tionalAssociation ofRealtors-2011Preference Survey n=2,000+, particular groups of students, such as Texas A&M Corpus Christi,'RCLCO graduate students.Of the students enrolled in 2016, 2,242 were graduate students. Graduate students have a high propensity to live off-campus, given their age and different family or household structures. Additionally, Del Mar College represents another large pool of students that generate demand for downtown rentals, with approximately 12,000 students enrolled in community college courses in 2016. Del Mar College's East Campus is only three miles from Interstate-37 and Shoreline Boulevard, and does not provide student housing; it is likely that a small share of these students might choose to live downtown with more available options in the market. Furthermore, in national surveys, young professionals and post-graduates have indicated strong preferences for downtown urban living compared to other age groups; if given the choice, about 18% of people under age 35 would choose to live downtown. Annual Residential 17p.mand Whorinlnnv RCLCO projected future housing demand in the Corpus Christi MSA based on household projections, income and age distributions, and demonstrated propensities of ownership, turnover, and choosing new housing options. In order to estimate downtown's potential capture of future housing demand, RCLCO utilized two different capture methodologies: demonstrated preferences and stated preferences. The first approach uses the TIRZ #3's historical capture of rental and for-sale housing, though this approach is overly conservative given the existing supply-constrained downtown market. The second approach utilizes national survey data with stated locational preferences to determine the percentage of households that would choose to live in an urban, mixed use downtown. RCLCO accounted for varying preferences of households to choose urban living by age and income level.Though this data provides a defensible upper bound for housing demand, Downtown Corpus Christi will need to enhance its offering of walkable, neighborhood services often associated with urban living before it can expect to capture levels illustrated by the consumer preference surveys. The difference between the demonstrated demand and survey results from the National Association of Realtors provides a range of demand for residential units that should be taken into consideration when determining feasible development in downtown in the next five to ten years. All EXHIBIT B Residential Demand Methodology TIRZ#3 demonstrated capture of MSA demand Nq Demand b.se on current path of TIRZ#3 Expected (ES RI) District housing development demandCorpus Christi for MSA Renter new product basedand Owner on net new the MSA Distrib •� HouseholdsTotal dod• based Households HHs and HHs inAge d preferences (ACS) turnover(ACS; Income(ACS) downtown,mixed use Moody's) environment (NAR Survey) based preferences,less HHs with incomes under iii SOURCE. US Census American Community Survey 2012-2015, ESRI Business Analyst, Moody's Economy com, National Association of Realtors— 2011 Preference Survey,RCLCO Downtown Rental Demand Currently, with both the limited rental 10-Year Demand for Multifamily Units, by Age and Income; housing stock and limited neighborhood "orpus Christi TIRZ#3 retail services offered downtown, there are only about 1,000 renter households living in UNDER the TIRZ#3 out of about 68,000 estimated INCOME 35 MATUREPROF EMPTY TOTAL renters in the MSA, meaning only aboutO FAMILIES NESTERS 1.5%of renters are living downtown. _OF L • $35,000-$50,000 100 47 20 167 However, national survey data indicates $50,000-$75,000 492 175 73 740 that without supply constraints, 13% of $75,000+ 396 226 71 693 renters would likely choose to live in an Total$35,000+ urban, mixed use, downtown environment. Demand 988 448 164 1,600 There is some variation in renters'indicated ;aggregated Long-Term Demand for Multifamily Units; preferences to live downtown depending Corpus Christi TIRZ#3 on age and income. Therefore, RCLCO filtered estimated annual demand for • downtown rentals into segments. It should ■ � � * 10-YEAR be noted that renters with children, or ANNUAL DEMAND families, demonstrate similar proclivities to Demonstrated Demand 30 150T1,600 300 live downtown as other renters. $35,000+National 160 750 Preferences Demand Despite the current lack of households, downtown is also a major employment NOTE. The projected 5-year demand is less than the 10-year on an annual basis, since core with between 19,000 and 21,000 demand is projected to increase over the long-term. employees. With additional neighborhood SOURCE. US Census American Community Survey 2012-2015, ESRI Business Analyst, services, the TIRZ #3 has the potential to National Association of Realtors—2011 Preference Survey, RCLCO be a vibrant, walkable downtown with an "18-hour" live-work-play environment. Overall, once more services and amenities are in place, the Corpus Christi TIRZ #3 should aspire to capture demand for about 160 rental units annually, the estimated demand for rentals based on national preferences and households with incomes over$35,000. Al2 TIRZ#3 TRAFFIC AND PLANNING ANALYSIS DRAFT I APRIL 2018 EXHIBIT B New For-Sale Market Overview For-sale housing in the Corpus Christi MSA is relatively affordable compared to other Texas MSAs, with the median single- family home price just under $200,000 as of November 2017. According to data from Redfin, newly constructed for-sale homes are typically priced closer to $270,000. New for-sale housing tends to cluster south of downtown, in the neighborhoods along Oso Creek and Oso Bay, as well as in Flour Bluff. Given the significant number of Sanipo�a rUf-make iiUMe L115Lit cg.l uia: :oi ikA� iw beaches and small barrier islands, Corpus Christi, TX; 2010-2017 the Corpus Christi MSA is a seasonal tourist destination, which is evident - by the fact that in 2010, 4.7% ofC us , the housing stock in the MSA was designated for seasonal use or sti second homes, compared to the stateLU overall at 2.1%. Agnes at Mty.g.7•, 'A,3 The large concentration of seasonal homes likely results in slightly inflated for-sale housing prices in the MSA, and a continually rising affordability ratio, i.e. home prices are rising ' faster than incomes. However, in the aftermath of Hurricane Harvey, `'"fr it is unclear how home prices and x.33 seasonal ownership will change going forward. 4 C The Downtown TIRZ #3 has the4. potential to have both a large full-time3{! population as well as have additional 'abanias .9'7$ r aha a Cavo support from seasonal owners or Field Na "" _ -. de; iso renters. Historically, only about 1.2% I.as lir of the housing stock in the TIRZ #3 � , has been for seasonal use, though lass, this could increase if additional Wit' amenities and services are delivered in the area. With more supply of for- sale housing as well as rental units, downtown is well-positioned to be aOK r ° zaaa, +° vibrant, emerging urban core. s S,aple-.5r ree k �= Park Waldron Field Built 2010-2013 Ti r�nas Built 2014-2017 a „� SOURCE. Redfin (November 2017), Texas A&M Real Estate Center, Moody's Economy com, ESRI Business Analyst,RCLCO A13 EXHIBIT B Resale Housing Rift-kpt Overviews Existing Home Transactions, Listings, and Months of Inventory; There is a healthy stock of resale Corpus Christi MSA; 2000-November 2017 housing in the Corpus Christi MSA, 6,000 12 with resale transactions in line with the last real estate cycle (2001-2007), averaging about 4,750 transactions 5,000 10 annually between 2010 and 2016. --- — — ----- — — 4,000 8 In the past few years, months of o inventory has been in line with the o 3,000 6 typical equilibrium level of 5-6 months. tET The long-term average of nine months E CD is above typical equilibrium levels, which z 2,000 4 suggests that historically there has been an excess of resale product in the 1,000 2 Corpus Christi market, possibly due to seasonal home listings along the coast. 0 0 O N M � Ln CO I-- CO O O N M � LO CO p Although resale home prices stagnated o 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 > NR N N N N N N N N N N N N N N N during the recession, there has been o significant growth in home prices in the Transactions Listings N past five years, which was aided by Months of Inventory ———LT Avg. Months of Inventory the large influx of employment growth caused by the oil boom. Despite the decline of oil prices, home values Median Resale Home Values; Corpus Christi MSA; have continued to rise. Between 2012 2000-November 2017 and 2017, the MSA median resale price increased by approximately 30% $200 12% while MSA median household income only increased by 16%, significantly $180 10% impacting affordability in the local $160 8% market. c, $140 0 6% The median resale price in the MSA ( $120 D was $185,000 in 2016. Assuming L 4% 2 IDCD the average national down payment $100 ° of 11%, RCLCO estimates that a $80 2/° C household with an annual income of $60 0% C approximately $65,000 could afford � cD the median home price.' $40 -2% 7.- Downtown Downtown For-Sale Residential $20 4% Demand $0 -6% O N M � Ln CO r O M O N M � Ln CO p Currently,there are only about 200 owner o 00 0 0 0 0 0 0 0 0 0 0 0 0 o > NR N N N N N N N N N N N N N N N n households living within the TIRZ #3 in N downtown Corpus Christi.This represents I®Median Price Annual Price Increase a 0.15% capture of homeowners across the MSA; if this share of owners were NOTE. There is limited data available for the Corpus Christi Local Market Area (LMA). With a to stay consistent with historic trends, difference of only 1%-3%in median home prices between the MSA and LMA, and the fact that downtown would expect very little only two complete years of inventory data are available for the LMA, RCLCO believes the MSA demand for for-sale residential product provides more insight than the local market area. (see demonstrated demand). SOURCE.Texas A&M Real Estate Center,RCLCO 'Mortgage Assumptions Assumes a 30-year, 4.25% fixed rate mortgage and an 11% down payment with a 0.75% PMI rate. Additionally,calculations factor in a property tax rate of 2.55%,homeowners insurance of more than$2,000 annually,and$450 in other monthly household debts. A14 TIRZ#3 TRAFFIC AND PLANNING ANALYSIS DRAFT I APRIL 2018 EXHIBIT B However, without constraints on for- 10-Year Demand for For-Sale Units, by Age and Income sale housing supply, national survey Corpus Christi TIRZ#3 data indicates that about 6%of owner households would likely choose to live UNDER35 in an urban, downtown environment. INCOME YOUNG MATURE PROF. EMPTY TOTAL PROF. There is some variation in owners' $35,000450,000 50 48 26 124 indicated preferences to live $50,000-$75,000 78 101 35 214 downtown depending on age $75,000+ 406 401 95 902 and income. Therefore, RCLCO Total$35,000+ segmented estimated annual demand Demand 534 550 156 1,240 for downtown for-sale product into categories. It should be noted that Demand for For-Sale Housing Units buyers with children, or families, demonstrate similar proclivities to live Corpus Christi TIRZ#3 downtown as other home buyers. 10-YEAR TOTAL 10-YEAR AVERAGE DEMAND* DEMAND RCLCO recommends that the Corpus ANNUAL Christi TIRZ #3 should aspire to Demonstrated II capture demand for up to 121 for-sale Demand 2 I 10 I 20 units annually, the estimated demand for for-sale product is based on $35,00 National n Preferences 124 610 1,240 national preference data, restricted to Demand households with household incomes over $35,000. Demand in the first NOTE: The projected 5-year demand is less than the 10-year on an annual basis, since demand is five-years is likely below the long-term projected to increase over the long-term. 10-year demand, as the area needs SOURCE. US Census American Community Survey 2012-2015, ESRI Business Analyst, National to establish itself as an appealing Association of Realtors-2011 Preference Survey, RCLCO residential neighborhood through the introduction of rental housing and services. RETAIL+OFFICE MARKET OVERVIEW Retail Market Overview Retail in the Corpus Christi MSA overwhelmingly consists of highway Retail Net Absorption, Deliveries, and Vacancy or major corridor-oriented retail, Corpus Christi, TX MSA; 2007-2017 especially along Highway 358. 800 9% 8% With a lack of recent deliveries, 600 I overall retail vacancies have been 6% shrinking since the Great Recession. 0 400 6% O _ (" 5% According to data from Costar, 200 overall Corpus Christi MSA rents 4% V) 8 1 L 3/0 have stayed relatively consistent, ° fD co O M ll"7 CO hovering near $12 per square foot � 2% (NNN') since 2012, with annual -200 0 o N o o N N N N averages fluctuating slightly between �% $11.50 and $12.85 over this same -400 0% time period. Net Absorption Deliveries Vacancy 'A triple net lease(NNN)is a lease agreement where the tenant is responsible for the ongoing expenses of the property, including real estate taxes, building insurance,and maintenance, in addition to paying the rent and utilities. SOURCE.ESRI Business Analyst,Costar, RCLCO A15 EXHIBIT B The largest retail cluster is La Map of Existing Retail Properties by Year Built Palmera Mall, located along Corpus Christi MSA Highway 358, which offers over 100 restaurants and shops with over one million square feet of retail space. The adjacent Sunrise Mall offers ansa, additional 700,000 square feet of }?r7d'e orn6PT E /00orN�ri�,7���f retail; however, after a period of high vacancies and eventual foreclosure g`Rd in 2008, the Sunrise Mall is likely in _ y C need of redevelopment. � � _ _- 1�=°�-x�r�, ;� , u. _ T�tSti Downtown Retail Opportunity r N Given the lack of recent retail 0 Age@� deliveries in the MSA and limitedg} L_L existing neighborhood-serving retail a d in the TIRZ#3, there is an opportunity for a limited amount of neighborhood rU - retail development downtown, La Palmera, contingent on the addition of new Sunrise Mall investment and household growth. , a f4 F a a: Most of the existing retail in the TIRZ ' #3 is supported by seasonal visitors, convention attendees, and shoppers x + who do not reside downtown, ' illustrated by the surplus of retail ~ spending in the chart below.Although there is a small cluster of retail in the !11980s 7orbefore TIRZ #3 south of Interstate-37 in the 7.. � . Marina Arts District, there are only 57 L � r two restaurants in the SEA District to = ,6*4 the north, where many key attractions and hotels are located. 400,000 SF 10,000 SF u Currently, there is a deficit of TIRZ#3 key neighborhood retail services downtown, with no pharmacy or grocery located in the TIRZ#3 to serve SOURCE.ESRI Business Analyst,costar;RCLCO local residents. Therefore, if the TIRZ #3 realizes the forecasted demand for new households, the TIRZ #3 area can expect to capture a modest amount of neighborhood retail, up to approximately 23,000 to 25,000 square feet in the next five years, with support for an additional 25,000 to 27,000 square feet in the five to ten-year timeframe. This addition of retail would help limit the retail leakage over the next five years with a small market/ grocery,and result in demand for a few additional restaurants,cafes,or other small retail establishments. This demand is based on household spending patterns and the ratio of new retail space demanded per new household in the MSA.1 Most of the potential market demand is concentrated in the Marina Arts District area of the TIRZ#3, where there is more demand for households and a higher concentration of employees, with more limited retail opportunities in the SEA District over the next five years until infrastructure improvements are complete. Households typically spend about a third of total retail spending on neighborhood retail, which includes good purchased in brick and mortar stores outside of major malls, lifestyle centers,and power centers. On average, there has been 53 square feet of new retail space per new household in the Corpus Christi MSA between 2012-2016. A16 TIRZ#3 TRAFFIC AND PLANNING ANALYSIS DRAFT I APRIL 2018 EXHIBIT B Retail Surnlus and Leakage; TIRZ#3, Corpus Christi; 2017 *�� Surplus C Leakage Food Services&Drinking Places Miscellaneous Store Retailers Clothing&Clothing Accessories Stores Retail sperdrig supported kN shoppers Shoppers leave TIRZ#3 to shopat Sporting Goods,Hobby,Book&Music Stores fromoutside local area retail outside of the area Y Health&Personal Care Stores Food&Beverage Stores ism i General Merchandise Stores Estimated Retail Gap lin Millions) SOURCE:ESRI Business Analyst(2017)-Retail Expenditures,Costar(2017),RCLCO Office Market Overview& Map of Existing Office Properties by Year Built Opportunity Corpus Christi, TX MSA; October 2017 As the most significant employment --- - -"- '111-1:,-:.--` _T` core in the Corpus Christi MSA, the ;= downtown TIRZ #3 accounts for about four million square feet of the - ten million total office square feet in 0 the Corpus Christi MSA. Despite this large concentration of office space, j the majority of existing downtownAes-5 s, ' office space was constructed before a 1990. Additionally, The Corpus Christi MSA has added limited newA. office space in recent decades given a `{ the clustering of employment in industries requiring limited traditionalLp office space, such as the education and healthcare, construction, manufacturing, transportation, and �� leisure and hospitality sectors. Furthermore, Corpus Christi Regional r Gwzo Economic Development Corporationta , lists four target industries going !" f forward, including specialty steel production, oil and natural gas, aerospace, and entrepreneurship y and small businesses, none of whichr a are significant users of new, "Class A" ! " � {� ' ° office space. 2010s x - Therefore, the opportunity for new, 2000s oortz:. office space in TIRZ#3 is likely limited 1990s going forward, especially given the YL 1980s or before ` Ii significantly higher office rents that 400,000 SF would need to be achieved to support 10,000 SF new construction. TIRZ#3 t 2 124441 . SOURCE.Costar(2017);RCLCO A17 EXHIBIT B Office Net Absorption, Deliveries, and Vacancy Corpus Christi, TX MSA; 2007-2017 250 12% 200 10% 150 8% CD 0 0 100 °' 6% a (D n 50 0 I__ co III, N Ll'J CO I� O O O CD CD CD CD CD CD CD CD -50 N N N N N N N N 2% -100 0% Net Absorption Deliveries Vacancy SOURCE.CoStar(2017),RCLCO Based on the historical capture of absorption in TIRZ #3, the area could support up to 50,000 square feet over the next five years, with support for approximately 70,000 square feet over the next five to ten years;1 though this is contingent on more households moving to the area and the delivery of neighborhood services. Most of the modest demand for this office would be concentrated in the Marina Arts District of the TIRZ#3, especially in early years. EMPLOYMENT CONCENTRATIONS IN DOWNTOWN CORPUS CHRISTI Downtown Employment: Geographic Information Systems Analysis After the discussion with City Council, staff, and key stakeholders, RCLCO believed it would be helpful to provide some clarification on several questions and concerns raised about the concentration of employment in Downtown Corpus Christi as well as the takeaways from one active apartment project. RCLCO's employment cores map for the Corpus Christi Region represents the most recent 2015 US Census Bureau Longitudinal Employer-Household Dynamics data on local employment by block group. RCLCO's employment cores are based on a GIS analysis of employment densities of US Census block groups;2 therefore, geographic definitions may be untraditional and slightly different from definitions used by other organizations in the past. The US Census' data is aggregated from administrative records and therefore employees may be counted at the location of the corporate or public headquarters instead of satellite offices or campuses and vice versa, depending on data collection methods. Without a comprehensive local survey of all employers in Downtown Corpus Christi,the US Census provides one of the most accurate estimates for employment on a local level. This is based on the TIRZ#3's share of MSA office absorption from 2012-2016, excluding years where office absorption in the TIRZ#3 was negative. 2 The US Census Bureau defines"Block Groups"as"statistical divisions of census tracts,(that]are generally defined to contain between 600 and 3,000 people, and are used to present data and control block numbering."The employment cores map is comprised of aggregated block groups. Downtown/Uptown is defined by block groups 483550010001 through 483550013002 and 483550064002. A18 TIRZ#3 TRAFFIC AND PLANNING ANALYSIS DRAFT I APRIL 2018 EXHIBIT B GIS Employment Cores Map, Corpus Christi, TX '1Aransas Pass _ rtlanid ~ . lrgleside . ..� ~� A Fla rho r'5'.... r ide Islalxl Bay Redfish Bal y: Tcrl bvin ® us uJ-' rlStl Corpus a Christi ;ng Bay N-kr5 il-9 -1 ti] 3ry Y 2s ft %ata his8 '-7 :Field Nas rUr 115[a ng. Petronila Island SP Y i I Rockport not shown on map for scale and quality enhancements,The Flour Bluff employment core(#9)includes some sections that overlay over water given census geographical boundaries" SOURCE:U.S. Census Bureau-Longitudinal Employer-Household Dynamics(2015),RCLCO 20,000+ 15,000-20,000 Downtown/Uptown 20,000 Joe Fulton Trade Corridor 18,100 10,000-15,000 La Palmera/Sunrise 15,600 Staples St. 5,600 5,000 10,000 5 Airline Medical 4,600 2,500-5,000 6 1-37/Hwy 358 3,700 7 Crosstown/S. Padre 3,000 <2,500 8 Saratoga/Staples 2,700 9 Flour Bluff 2,500 10 Robstown 2,100 11 Portland 2,100 12 Ingleside 2,000 13 Port Aransas 1,500 14* Rockport 1,400 15 Texas A&M Corpus Christi 1,180 16 Naval Air Station 4,500 A19 EXHIBIT B Downtown Employment: 7/n Cnr-fn Annrn-1rh In order to provide a second data point Estimated Employment Using Occupied Office Space that supports these original employment (Vacancy Rate as of November 2017) estimates, RCLCO utilized a different methodology to estimate the number ESTIMATED EMPLOYMENT IN 78401 of employees working in Downtown Total Office Square Feet(2017) 4,405,125 Corpus Christi. Instead of using the Vacancy Rate(Nov. 2017) 7.7% cores identified in the employment core map on the previous page, which were Occupied Office Square Feet(2017) 4,063,837 identified based on a GIS analysis of Office Square Feet per Employee 300 350 379 employment density, RCLCO performed Total Office-Using Employees 13,546 11,611 10,712 this second analysis specifically on Share of Office-Using Employment 50% the 78401 zip code to provide a more standardized geography. TOTAL ESTIMATED EMPLOYEES 27,092 23,222 21,424 As of November 2017, the 78401 Estimated Employment Using Occupied Office Space zip code contains over four million (Extreme Vacancy Scenario) square feet of occupied office space ESTIMATED EMPLOYMENT IN 78401 according to Costar. Assuming a range of occupied office space per office- Total Office Square Feet(2017) 4,451,660 using employee of 379 square feet (the Vacancy Rate(Assumption') 1 30.0% Corpus Christi MSA-wide ratio which is Occupied Office Square Feet(Assumption) 3,116,162 likely overly conservative) and a more Office Square Feet per Employee 300 350 379 normalized ratio of 300 square feet, Total Office-Using Employees 10,387 8,903 8,214 RCLCO estimates a range of 10,700 to 13,500 office-using employees in the Share of Office-Using Employment 50% 78401 zip code alone. TOTAL ESTIMATED EMPLOYEES 20,774 17,807 16,428 However, given the large concentration NOTE: 'See the last sentence in the last bullet for additional details. of tourism, service, and healthcare SOURCE.CoStar(2017),Moody's Economy com, ESRI Business Analyst,RCLCO professionals, RCLCO assumes that only 50% of employment in Downtown Corpus Christi is office- using employment, which equates to 21,000 to 27,000 total employees in the 78401 zip code (for reference the MSA ratio of office-using employment is 14%). Running several sensitives on this analysis, even if office space in the 78401 zip code had a vacancy rate closer to 30%, a hypothetical anomaly for traditional central business districts across the US, total employment would still range between 16,000 to 20,500 in the 78401 zip code alone. A20 TIRZ#3 TRAFFIC AND PLANNING ANALYSIS DRAFT I APRIL 2018 EXHIBIT B Employment: Economic Framework Market Analysis The Economic Framework Market Analysis, provided by the City of Corpus '"` """ T,t°"` F7-hibit, Pa(- "1 Christi, uses the same source for office data as RCLCO, which is Costar. Office Sub-Market Statistics Though it is unclear how exactly the W-ZHA report defines the CBD, the 78401 Corpus Christi Office Market zip code is likely relatively similar. With that said, the W-ZHA report shows 4th Quarter approximately 4.5M square feet of available office space* in the CBD, similar to the 4.4M of total (occupied and vacant) office space identified by Costar in Central Business District 4,497,000 46% RCLCO's analysis . Southside 2,213,000 23% Mid-City 1,486,000 15% Though the W-ZHA report points out several buildings with a high percentage west Side 659,000 7% of office space available downtown, which is typically higher than vacant space Other* 873,000 9% (see the definition for Available Space below), the overall office availability rate Total 9,727,000 100% of the nine properties surveyed on Page 12 of the W-ZHA report equates to only * The data from the"2013 Texas Metro Market 16%. These properties are all included in RCLCO's analysis as well. Overvi EXHIBIT B We assume that the economy and real estate markets will grow at a stable and moderate rate to 2020 and beyond. However, stable and moderate growth patterns are historically not sustainable over extended periods of time, the economy is cyclical, and real estate markets are typically highly sensitive to business cycles. Further, it is very difficult to predict when an economic and real estate upturn will end. With the above in mind,we assume that the long-term average absorption rates and price changes will be as projected, realizing that most of the time performance will be either above or below said average rates. Our analysis does not consider the potential impact of future economic shocks on the national and/ or local economy, and does not consider the potential benefits from major "booms" that may occur. Similarly, the analysis does not reflect the residual impact on the real estate market and the competitive environment of such a shock or boom. Also, it is important to note that it is difficult to predict changing consumer and market psychology. As such, we recommend the close monitoring of the economy and the marketplace, and updating this analysis as appropriate. Further, the project and investment economics should be "stress tested" to ensure that potential fluctuations in revenue and cost assumptions resulting from alternative scenarios regarding the economy and real estate market conditions will not cause failure. In addition, we assume that the following will occur in accordance with current expectations: Economic, employment, and household growth. Other forecasts of trends and demographic and economic patterns, including consumer confidence levels. The cost of development and construction. Tax laws (i.e., property and income tax rates, deductibility of mortgage interest, and so forth). Availability and cost of capital and mortgage financing for real estate developers, owners and buyers. Competitive projects will be developed as planned (active and future) and that a reasonable stream of supply offerings will satisfy real estate demand. Major public works projects occur and are completed as planned. Should any of the above change, this analysis should be updated, with the conclusions reviewed accordingly (and possibly revised). GENERAL LIMITING CONDITIONS Reasonable efforts have been made to ensure that the data contained in this study reflect accurate and timely information and are believed to be reliable. This study is based on estimates, assumptions, and other information developed by RCLCO from its independent research effort, general knowledge of the industry, and consultations with the client and its representatives. No responsibility is assumed for inaccuracies in reporting by the client, its agent, and representatives or in any other data source used in preparing or presenting this study. This report is based on information that to our knowledge was current as of the date of this report, and RCLCO has not undertaken any update of its research effort since such date. Our report may contain prospective financial information, estimates, or opinions that represent our view of reasonable expectations at a particular time, but such information, estimates, or opinions are not offered as predictions or assurances that a particular level of income or profit will be achieved, that particular events will occur, or that a particular price will be offered or accepted.Actual results achieved during the period covered by our prospective financial analysis may vary from those described in our report, and the variations may be material.Therefore, no warranty or representation is made by RCLCO that any of the projected values or results contained in this study will be achieved. A22 TIRZ#3 TRAFFIC AND PLANNING ANALYSIS DRAFT I APRIL 2018 EXHIBIT B Possession of this study does not carry with it the right of publication thereof or to use the name of"Robert Charles Lesser &Co."or"RCLCO"in any manner without first obtaining the prior written consent of RCLCO. No abstracting, excerpting, or summarization of this study may be made without first obtaining the prior written consent of RCLCO. This report is not to be used in conjunction with any public or private offering of securities or other similar purpose where it may be relied upon to any degree by any person other than the client without first obtaining the prior written consent of RCLCO. This study may not be used for any purpose other than that for which it is prepared or for which prior written consent has first been obtained from RCLCO. A23 EXHIBIT B THIS PAGE INTENTIONALLY LEFT BLANK EXHIBIT B APPENDIX: AA U, n -1 1 D D n 9 FI n W BROADENING STAKEHOLDER CONSENSUS Throughout the stakeholder interviews, open houses, discussions and presentations, key themes and topics have arisen. While the viewpoints and beliefs on level of investment in Downtown and the greater TIRZ#3 district vary,stakeholders overall felt that Downtown needs to bean area of significant reinvestment, especially in regard to the significant investment surrounding the Harbor Bridge replacement. During the open house on November 28, 2017, the community was asked "What is the most important project to you?" and then invited to respond in one to three words for the results to be shown on a live stream feed. At the same time, stakeholder participants were invited to visit large-scale project maps located throughout the room to identify projects or areas they liked/supported and those that they did not.This gave the project team the opportunity to talk in more detail about specific project improvements, recommendations and to test the potential for significant infrastructure investments. The feedback received during this open house reflected many of the same sentiments heard over the past nine months about the need for better connectivity, walkability and safety throughout downtown roadways and neighborhoods. That disconnection was most predominantly felt between the SEA District and the Marina Arts District where the current entertainment destinations require heavy auto-dependency and where the Harbor Bridge project stands to have the greatest impact in terms of street reconnection. The following is a summary of public comments received during this open house: Two-Way Conversion; 1. Some members of the public expressed opposition to converting any one-way downtown streets to two-way streets.Concerns included the lack of space for large vehicles and delivery trucks to pass each other, the challenge parallel parking creates for people trying to park and trying to pull out of a parking space, and the confusion created when some streets are two-way, and others remain one-way. 2. Other members of the community suggested that the proposal to convert some downtown streets to two-ways should be extended to all downtown streets. 3. A third contingent of residents supported the one to two-way conversion as proposed by the consultant team. t f ' r , Open House(November 2017) A25 EXHIBIT B TxDOT Projects 1. Two community members indicated concern regarding TxDOT's closure of the Lipan Street Crosstown overpass. City staff did have an opportunity to explain that this is not a project that can be changed or influenced as an outcome of this City traffic and planning analysis, and the residents were understanding. 2. Three separate red pins signaled concerns regarding extension of Belden, Power, and Tancahua Streets in the SEA District once the current Harbor Bridge is removed. Neither City staff nor consultants had an opportunity to discuss the concern or concerns to better understand the potential issue/s identified. Chavarral Street 1. Community members indicated that the intersection of Kinney and Chaparral is confusing and needs to be a prioritized project. 2. Some expressed concern regarding the street width and ability to accommodate two-way traffic. 3. One comment suggested that the signals on Chaparral Street be set to flashing red instead of having the expense of taking out signals and replacing with stop signs. 4. A couple comments received suggested closing a couple blocks of Chaparral to vehicles and making it a pedestrian street only, possibly for special events. 5. One comment noted that special attention needs to be made to work in sections, incrementally in Phase 2 to avoid repeating problems from the first phase of this project. 6. Two red pins signaled general concern regarding the Chaparral Phase 2 project. 7. Two green pins signaled general support for the Chaparral Phase 2 project. Proposed Infrastructure Projects and Policy Recommendations with Greatest Support • Water Taxi (8 green pins) • Pedestrian Improvements(5 green pins) • Wayfinding (5 green pins) • Sea Wall (5 green pins) • Staples Street Extension (4 green pins) • Agnes/Laredo Gateway(4 green pins) Genera! There was some concern expressed by residents regarding the City's ability to efficiently execute infrastructure construction projects. A26 TIRZ#3 TRAFFIC AND PLANNING ANALYSIS DRAFT I APRIL 2018 EXHIBIT B APPENDIX: ONE = TWO WAY D D ��. � ') � � J V nME n I ONE TO TWO-WAY CONVERSIONS IN DOWNTOWN- INTERSECTIONS Street Existing All-Way Stop Name Intersection Conditions Improvements* Considerations** Belden St. All-Way Stop Stripe stop bar for all four approaches. Install stop sign and all way plaque on N/A northbound approach(2).Remove one way signs northbound approach(2). Stripe stop bar on northbound approach. Stripe lane assignment arrows on Signalized all approaches. Install new mast arm, two signal heads, ILSN, VIVD camera WB IH-37 for new northbound approach. Move southbound signal heads to line up with N/A Intersection the new one lane approach. Remove one way signs on eastbound approach. Adjust the southbound VIVD detection zones. Retime signal. Stripe stop bar on northbound approach. Stripe lane assignment arrows on all approaches. Install new mast arm, two signal heads, ILSN, VIVD camera for Signalized new northbound approach. Move southbound signal heads to line up with the EB IH-37 Intersection new one lane approach. Remove one way sign on pedestrian pole and remove N/A do not enter sign.Adjust the southbound VIVD detection zones.Install striped or raised bulb out on southwest corner to guide eastbound right turn drivers away from parallel parking spaces.Retime signal. Two-way stop Stripe crosswalk on southbound approach with segment surface improvements. on parking lot Stripe lane assignment arrows on all approaches. Install striped or raised bulb Mann Street exit and Mann outs. Remove no left turn sign on northwest corner(1)and one way signs on N/A St approaches northeast and southwest corners(2). Put pedestrian crossing signs on back of existing ped signs(2). OPTION 1 - Stripe stop bar on northbound approach. Stripe stop bar and crosswalk on southbound approach with segment surface improvements. Stripe lane assignment arrows on all approaches. Install striped or raised bulb outs. Remove one way sign on northeast and southeast corners(2). Install stop sign on northbound approach. Adjust one flasher around to use for the northbound Stop sign on approach.Redesign eastbound approach so that Lower Broadway intersects with N southbound Twigg St. Redesign eastbound approach so that Lower Broadway ties into Twigg Mesquite St St and the right turn lane of the eastbound approach no longer needs to be a Na approach and forced right turn. Twigg Street for westbound N/A right turns on OPTION 2- Due to Harbor bridge relocation, free flow movement on Twigg St Twigg St,free might not be justified anymore. Consider changing this intersection to an all flow through way stop if warranted. Recommendations listed are for an all way stop: Stripe movement on stop bar on all four approaches. Stripe stop bar and crosswalk on southbound Twigg St approach due to segment surface improvements. Stripe lane assignment arrows on all approaches. Install striped or raised bulb outs. Remove one way sign on northeast and southeast corners(2). Install stop sign on east,west and northbound approach. Adjust flashers to all red for all approaches. Redesign eastbound approach so that Lower Broadway ties into Twigg St and the right turn lane of the eastbound approach no longer needs to be a forced right turn. If all-way stop is warranted,operate as all-way flash with Stripe stop bar and crosswalk for both north and southbound approaches existing signals;City Signalized with segment surface improvements. Stripe lane assignment arrows on all to confirm necessary Taylor Street Intersection approaches. Install striped or raised bulb outs. Remove one way(4), no right equipment to turn (1), and no left turn (1) signs. Adjust right signal head for southbound function.Otherwise, approach. Retime signal. signal poles can be taken down and replaced with stop signs. ® A27 EXHIBIT B Street Existing All-Way Stop Name Intersection Conditions Improvements* Considerations" If all-way stop is warranted,operate Stripe stop bar and crosswalk for both north and as all-way flash with southbound approaches with segment surface existing signals;City Starr St Signalized improvements. Stripe lane assignment arrows on all to confirm necessary Intersection approaches.Install striped or raised bulb outs.Remove equipment to function. one way signs on northeast and southwest corners. Otherwise,signal Retime signal. poles can be taken down and replaced with stop signs. If all-way stop is warranted,operate Stripe stop bar on north and southbound approaches as all-way flash with with segment surface improvements. Stripe lane existing signals;City Peoples St Signalized assignment arrows on all approaches. Install striped to confirm necessary Intersection or raised bulb outs. Remove one way sign on equipment to function. northeast corner and no left turn sign on northwest Otherwise,signal corner. Retime signal. poles can be taken down and replaced with stop signs. Stripe stop bar and crosswalk on both the north If all-way stop is and southbound approaches with segment surface warranted,operate improvements. Stripe lane assignment arrows on all as all-way flash with approaches. Install striped or raised bulb outs. Install existing signals;City Signalized to confirm necessary Schatzell St Intersection two signal heads for northbound approach. Remove equipment to function. one way sign on southwest corner.Add one way sign Otherwise,signal to northwest corner for new northbound traffic to see poles can be taken that Schatzell is only westbound. Add one no right down and replaced turn to southeast corner. Retime signal. with stop signs. (n If all-way stop is Stripe stop bar and crosswalk for all approaches with warranted,operate segment and intersection surface improvements. as all-way flash with s Stripe lane assignment arrows on all approaches. existing signals;City N Lawrence St Signalized Install striped or raised bulb outs. Remove all one to confirm necessary intersection way signs (4). Install signal pole and two signal equipment to function. heads on the northwest corner, one signal head on Otherwise,signal the northeast corner, and one signal head on the poles can be taken southwest corner. Retime signal. down and replaced with stop signs. Stripe stop bar and crosswalk on north and If all-way stop is southbound approaches with segment surface warranted,operate improvements. Stripe lane assignment arrows on as all-way flash with all approaches. Install striped or raised bulb outs. existing signals;City William St Signalized Remove one way signs on northeast and southwest to confirm necessary intersection corners(2). Install two one way signs for northbound equipment to function. traffic to see that William is only westbound. Install Otherwise,signal left signal head on the northwest corner and remove poles can be taken signal heads for the eastbound approach that is no down and replaced longer there. Retime signal. with stop signs. Stripe stop bar and crosswalk on north, south and If all-way stop is westbound approaches with segment surface warranted,operate improvements. Stripe lane assignment arrows on all as all-way flash with approaches. Install striped or raised bulb outs. Install existing signals;City John Sartain Signalized do not enter signs (2) and lane use sign (1) on the to confirm necessary intersection eastbound approach for all westbound traffic. Install equipment to function. no left turn sign on northbound approach and no right Otherwise,signal turn sign on southbound approach. Remove all four poles can be taken down and replaced one way signs. Retime signal. with stop signs. Two-way stop Coopers Alley controlled on Four Options-Improvement Concept Exhibits N/A Coopers Alley approaches A28 TIRZ#3 TRAFFIC AND PLANNING ANALYSIS DRAFT I APRIL 2018 EXHIBIT B Street Existing All-Way Stop Name Intersection Conditions Improvements* Considerations" Two-way stop controlled Stripe lane assignment arrows on all approaches.Install striped or raised bulb outs. Mann St on Mann St Remove one way(4)and no right turn(1)signs. N/A approaches If all-way stop is Stripe stop bar and crosswalk on all approaches with segment and intersection warranted,operate surface improvements. Stripe lane assignment arrows on all approaches. as all-way flash with Install striped or raised bulb outs. Remove DO NOT ENTER signs (2) and existing signals;City Signalized to confirm necessary Twigg St install pole and mast arm, two signal heads, radar detection for westbound Intersection approach.Adjust existing signal heads and radar detector for new southbound equipment to function. approach. Remove all one way signs (4) and no left turn sign (1). Remove Otherwise,signal lane assignment sign on eastbound approach mast arm. Retime signal. poles can be taken down and replaced with stop signs. If all-way stop is warranted,operate as all-way flash with Signalized Stripe stop bar and crosswalk on north and southbound approaches with existing signals;City Taylor St intersection, segment surface improvements. Stripe lane assignment arrows on all to confirm necessary bulb out on all approaches. Uncover signal heads for southbound approach.Remove one way equipment to function. corners (2),no right turn(1)and no left turn(1)signs. Retime signal. Otherwise,signal poles can be taken down and replaced with stop signs. If all-way stop is warranted,operate Stripe stop bar and crosswalk on north and southbound approaches and the as all-way flash with Signalized crosswalks on the east and west legs with segment and intersection surface existing signals;City intersection, to confirm necessary Starr St bulb out on all improvements. Stripe lane assignment arrows for all approaches. Uncover equipment to function. U) corners signal heads for southbound approach. Remove one way signs on northwest Otherwise,signal and southwest corner for westbound traffic(2). Retime signal. poles can be taken Rdown and replaced a with stop signs. U If all-way stop is warranted,operate as all-way flash with Signalized Stripe stop bar and crosswalks on north and southbound approaches with existing signals;City Peoples St intersection, segment surface improvements. Stripe lane assignment arrows for all to confirm necessary bulb out on all approaches. Uncover signal heads for southbound approach.Remove one way equipment to function. corners sign on southeast corner for eastbound traffic(1). Retime signal. Otherwise,signal poles can be taken down and replaced with stop signs. If all-way stop is warranted,operate as all-way flash with Signalized Stripe stop bar on all approaches with segment surface improvements. existing signals;City Schatzell St intersection, Stripe lane assignment arrows for all approaches. Uncover signal heads for to confirm necessary bulb out on all southbound approach. Relocate one way signs on northwest and southwest equipment to function. corners corners for westbound traffic(2)for southbound traffic. Retime signal. Otherwise,signal poles can be taken down and replaced with stop signs. If all-way stop is warranted,operate Modify bulb outs on all corners to allow for two-way traffic on Lawrence St.Stripe as all-way flash with Signalized stop bar on all approaches with segment surface improvements. Stripe lane existing signals;City intersection, to confirm necessary Lawrence St bulb out on all assignment arrows for all approaches. Uncover signal heads for southbound equipment to function. corners approach.Swap out the two 10'ped poles for taller signal poles and install two Otherwise,signal signal heads for westbound traffic.Remove all one way signs(4).Retime signal. poles can be taken down and replaced with stop signs. A29 EXHIBIT B Street Existing All-Way Stop Name Intersection Conditions Improvements* Considerations" If all-way stop is warranted,operate Stripe stop bar on westbound,northbound and southbound as all-way flash with Signalized approach with segment surface improvements.Stripe lane existing signals;City William St intersection, assignment arrows on all approaches. Uncover signal to confirm necessary bulb out on all heads for southbound approach. Relocate one way signs equipment to function. corners on northwest and southwest corners for westbound traffic Otherwise,signal (2)to southbound traffic. Retime signal poles can be taken down and replaced with stop signs. If all-way stop is warranted,operate Stripe stop bar and crosswalk on all approaches with as all-way flash with N segment and intersection surface improvements. Stripe existing signals;City John Sartain Signalized lane assignment arrows on all approaches.Install striped to confirm necessary Mintersection or raised bulb outs.Uncover signal heads for southbound equipment to function. approach. Install two signal heads for westbound traffic. Otherwise,signal s Remove all one way signs(6). Retime signal. poles can be taken U down and replaced with stop signs. If all-way stop is warranted,operate Signalized Stripe stop bar and crosswalk on southbound approach as all-way flash with intersection, with segment surface improvements. Stripe lane existing signals;City Coopers Alley raised bulb out assignment arrows on all approaches. Install striped or to confirm necessary at southeast raised bulb outs. Uncover signal heads for southbound equipment to function. corner approach. Stripe for southbound shared left-right turn Otherwise,signal only lane use. Retime signal. poles can be taken down and replaced with stop signs. OPTION 1 - Stripe stop bar on northbound approach. Stripe stop bar and crosswalk on southbound approach with segment surface improvements. Stripe lane assignment arrows on all approaches. Install striped or raised bulb outs.Remove one way sign on northeast and southeast corners (2). Install stop sign on northbound approach. Adjust one flasher around to use for the northbound approach. Redesign eastbound approach so Stop sign on that Lower Broadway intersects with Twigg St. Redesign southbound eastbound approach so that Lower Broadway ties Mesquite Street into Twigg St and the right turn lane of the eastbound approach for approach no longer needs to be a forced right turn. Mesquite St. westbound OPTION 2 - Due to Harbor bridge relocation, free flow N/A right turns on movement on Twigg St might not be justified anymore. Twigg St.,free Consider changing this intersection to an all way stop flow through if warranted. Recommendations listed are for an all movement on way stop: Stripe stop bar on all four approaches. Stripe Twigg St. stop bar and crosswalk on southbound approach due to segment surface improvements. Stripe lane assignment •� arrows on all approaches. Install striped or raised bulb outs. Remove one way sign on northeast and southeast corners(2).Install stop sign on east,west and northbound approach. Adjust flashers to all red for all approaches. Redesign eastbound approach so that Lower Broadway ties into Twigg St and the right turn lane of the eastbound approach no longer needs to be a forced right turn. If all-way stop is Stripe stop bar and crosswalk for both north and warranted,operate southbound approaches with segment surface as all-way flash with improvements. Stripe lane assignment arrows on all existing signals;City Chaparral St Signalized approaches. Install striped or raised bulb outs. Remove equto confirm necessary intersection one way(4), no right turn (1),and no left turn(1)signs. Otherwise,signto nction. Adjust right signal head for southbound approach. Otherwise,signal Retime signal. poles can be taken down and replaced with stop signs. A30 TIRZ#3 TRAFFIC AND PLANNING ANALYSIS DRAFT I APRIL 2018 EXHIBIT B Street Existing All-Way Stop Name Intersection Conditions Improvements* Considerations" Signalized Stripe stop bar and crosswalk on east and westbound approaches with segment Intersection, surface improvements. Stripe lane assignment arrows on all approaches. Use Water St N/A bulb out on all existing signal heads for westbound approach. Remove do not enter (2), one corners way(5)and no right turn signs(1). Retime signal. In Stripe the stop bar and a shared through-right pavement marking arrow on tm the eastbound approach with segment surface improvements. Stripe lane T intersection, assignment arrows on all approaches.Install striped or raised bulb outs.Restripe stop controlled Shoreline Blvd on the Twigg St median area of Shoreline Blvd to allow northbound traffic on Shoreline to turn N/A approach left onto Twigg St. Move yield/one-way signs to southern median instead of at the circle. Install yield/one-way signs at circle for westbound traffic. Remove one way signs on the northwest corner and median of Shoreline Blvd. If all-way stop is warranted,operate as all-way flash with Signalized Stripe stop bar and crosswalk on westbound approach with segment surface existing signals;City Water St intersection, improvements.Stripe lane assignment arrows on all approaches. Remove one- to confirm necessary bulb out on all way sign(1)and no right turn sign(1)on northbound approach and no left turn equipment to function. corners signs(2)on southbound approach. Retime signal. Otherwise,signal poles can be taken Ndown and replaced with stop signs. T intersection, but technically Stripe stop bar and crosswalk on eastbound approach with segment surface only northbound improvements.Install stop sign for eastbound approach.Stripe lane assignment and southbound arrows on all approaches. Install striped or raised bulb outs. Restripe median Shoreline Blvd approaches, area of Shoreline Blvd to one lane for northbound traffic to u-turn or turn left N/A with northbound onto Starr St,and one lane for eastbound traffic to turn left onto Shoreline Blvd. left turn onto Relocate and rotate yield and one way traffic sign on southern median area of Starr Street. Shoreline Blvd to accommodate new eastbound traffic. If all-way stop is warranted,operate Stripe stop bar and crosswalk on new westbound approach with segment as all-way flash with Signalized surface improvements. Stripe lane assignment arrows on all approaches. existing signals;City intersection, to confirm necessary Water St bulb out on all Install two signal heads and VIVID camera for new westbound traffic. Install do equipment to function. corners not enter signs(2)on northwest and southwest corners facing new westbound Otherwise,signal traffic. Remove one-way signs(2)on southeast corner. Retime signal. poles can be taken down and replaced U) with stop signs. Q Stripe stop bar and crosswalk on eastbound approach with segment surface If all-way stop is 4) improvements.Install signal pole,mast arm,two signal heads and VIVID camera warranted,operate a for new westbound traffic through the median area of Shoreline Blvd.Stripe lane as all-way flash with Signalized assignment arrows on all approaches. Restripe median area of Shoreline Blvd existing signals;City intersection, to confirm necessary Shoreline Blvd with bulb out on to one lane for northbound left turning and westbound through traffic,and one equipment to function. lane for southbound left turning and eastbound through traffic.Remove one way all corners Otherwise,signal sign (1)and no right turn sign (1)for southbound approach, do not enter sign poles can be taken (1)in striped median area,no left turn sign for northbound approach,and wrong down and replaced way(1)and right turn only sign(1)for westbound approach. Retime signal. with stop signs. Signalized Stripe stop bar and crosswalk, with shared through-left and right turn only intersection, pavement marking arrows for two lanes on westbound approach with segment Water St surface improvements. Stripe shared through-left pavement marking arrow on N/A bulb out on all southbound approach and shared through-right pavement marking arrow on corners northbound approach. Remove one way signs(4). N Stripe stop bar and crosswalk on eastbound approach with segment surface R T intersection, improvements.Stripe lane assignment arrows on all approaches. Install striped but technically or raised bulb outs. Install stop sign on eastbound approach. Restripe median In Shoreline Blvd only northbound area on eastbound approach to mimic the existing lane assignment seen on N/A and southbound Twigg St at Shoreline Blvd. Relocate stop/one-way signs in circle/median for approaches. eastbound approach. Install no right turn sign for southbound traffic. Relocate City Hall sign. A31 EXHIBIT B Street Existing All-Way Stop Name Intersection Conditions Improvements* Considerations" Stop controlled on the Stripe eastbound approach to transition from two northbound lanes to one lane. Stripe crosswalk, with right turn only Lower pavement marking arrow on westbound approach with Lower Broadway segment surface improvements.Stripe lane assignment Broadway approach, afor arrows on all approaches. Install striped or raised bulb N/A free flow Leopard/ outs.Install right turn only(1)and additional do not enter Lawrence (2)signs for all westbound traffic. Remove one way sign eastbound on southeast corner. approach If all-way stop is Stripe stop bar and crosswalk for all approaches with warranted,operate segment and intersection surface improvements. as all-way flash with Stripe lane assignment arrows on all approaches. existing signals;City QSignalized Install striped or raised bulb outs. Remove all one way to confirm necessary y Mesquite St intersection signs (4). Install signal pole and two signal heads on equipment to function. U) the northwest corner, one signal head on the northeast Otherwise,signal L) corner, and one signal head on the southwest corner. poles can be taken Retime signal. down and replaced with stop signs. If all-way stop is Modify bulb outs on all corners to allow for two-way warranted,operate Signalized traffic on Lawrence St.Stripe stop bar on all approaches as all-way flash with intersection, with segment surface improvements. Stripe lane existing signals;City Chaparral St raised bulb out assignment arrows for all approaches. Uncover signal to confirm necessary at southeast heads for southbound approach. Swap out the two 10' equipment to function. corner ped poles for taller signal poles and install two signal Otherwise,signal heads for westbound traffic. Remove all one way signs poles can be taken (4).Retime signal. down and replaced with stop signs. Signalized Stripe stop bar and crosswalk on east and westbound intersection, approaches with segment surface improvements.Stripe lane assignment arrows for all approaches. Install Water St bulb out on N/A striped or raised bulb outs. Uncover signal heads for southeast westbound approach. Remove all one way signs (3). corner Retime signal. Signalized Stripe stop bar and crosswalk on westbound approach Water St intersection, with segment surface improvements.Remove no left turn N/A Q bulb out on all (2), no right turn (2), and one way(3)signs. Stripe lane corners assignment arrows on all approaches. Retime signal. U) E Stripe stop bar and crosswalk on eastbound approach R T intersection, with segment surface improvements. Stripe lane but technically assignment arrows for all approaches. Install striped or Shoreline Blvd only N/A southbound raised bulb outs. Install stop sign and right turn only on approach. eastbound approach. Remove one way(2)signs for the southbound approach. *" Stripe stop bar and crosswalk on north, south and If all-way stop is westbound approaches with segment surface warranted,operate +r to improvements. Stripe lane assignment arrows on all as all-way flash with approaches. Install striped or raised bulb outs. Install existing signals;City V_ Mesquite St Signalized do not enter signs (2) and lane use sign (1) on the to confirm necessary intersection equipment to function. eastbound approach for all westbound traffic. Install no Otherwise,signal left turn sign on northbound approach and no right turn poles can be taken sign on southbound approach. Remove all four one way o down and replaced 11 signs. Retime signal. with stop signs. A32 TIRZ#3 TRAFFIC AND PLANNING ANALYSIS DRAFT I APRIL 2018 EXHIBIT B Street Existing All-Way Stop Name Intersection Conditions Improvements* Considerations" If all-way stop is warranted,operate as Stripe stop bar and crosswalk on all approaches with segment and intersection all-way flash with existing Signalized surface improvements.Stripe lane assignment arrows on all approaches.Install signals;City to confirm Chaparral St striped or raised bulb outs. Uncover signal heads for southbound approach. necessary equipment to intersection Install two signal heads for westbound traffic. Remove all one way signs (6). function.Otherwise,signal Retime signal. poles can be taken down and replaced with stop U) signs. Stripe stop bar and crosswalk on east and westbound approaches with Signalized segment surface improvements. Stripe lane assignment arrows on all to intersection, Water St approaches.Install two signal heads and VIVID Camera for westbound traffic. N/A bulb out on all Remove all one way(3), no left turn (1), and do not enter(1) signs. Retime 0 corners 9 si nal. T intersection, Stripe stop bar and crosswalk on eastbound approach with segment surface stop controlled improvements.Stripe lane assignment arrows on all approaches.Remove no Shoreline Blvd on the John left turn(1),no right turn(1),one way(1),do not enter(2)signs and left stop N/A Sartain St sign(1)on the eastbound approach. approach *In addition to the listed improvements, pedestrian facility improvements are needed to meet ADA standards. This study does not go into details of providing these specific pedestrian facility improvements, such as ADA compliant curb ramps, sidewalks, pedestrian signal heads and push buttons, for each intersection and segment. **City to perform an all-way stop study for each intersection A33 EXHIBIT B THIS PAGE INTENTIONALLY LEFT BLANK EXHIBIT B APPENDIX: ONE = TWO WAY D 0 A , n , i A� Mw g g ONE TO TWO-WAY CONVERSION- ROADWAY SEGMENTS Street Roadway Existing Conditions Improvements* Name Segment Belden to WB Surface improvements, stripe solid double yellow line (270') to IH-37 Two lanes southbound with small right turn bay have one northbound lane and one southbound through lane and one southbound right turn bay WB IH-37 to EB Two lanes southbound Surface improvements,stripe solid double yellow line(85') IH-37 EB IH-37 to Two lanes southbound with two striped on-street Surface improvements, stripe parallel parking spots and solid Mann Street parallel parking spots on west side double yellow line(150') Mann Street to Two lanes southbound with four striped on-street Surface improvements, stripe parallel parking spots and solid Twigg Street parallel parking spots on the west side double yellow line(140') Twigg Street to Two lanes southbound with striped on-street Surface improvements, stripe parallel parking spots and solid Taylor Street parallel parking spots on both side of the street double yellow line(275') Taylor Street to Two lanes southbound with striped on-street Surface improvements, stripe parallel parking spots and solid Starr Street parallel parking on both sides of the street double yellow line(260') Two lanes southbound with striped on-street Starr Street to Surface improvements, stripe parallel parking spots and solid Peoples Street parallel parking on both sides of the street; double yellow line(280') a" loading zone close to intersection Peoples Street to Two lanes southbound with striped on-street Surface improvements, stripe parallel parking spots and solid Schatzell Street parallel parking on both sides of the street double yellow line(75') Schatzell Street Two lanes southbound with on-street parallel Surface improvements, stripe parallel parking spots and solid to Lawrence St. parking on east side double yellow line(285') Lawrence Street Two lanes southbound with striped on-street Surface improvements, stripe parallel parking spots and solid to William Street parallel parking on both sides of the street double yellow line(265'), rotate parking sign(1)to face the correct direction of traffic William Street to Two lanes southbound with striped on-street Surface improvements, stripe parallel parking spots and solid John Sartain parallel parking on both sides of the street double yellow line(265') Surface improvements, stripe parallel parking spots and solid John Sartain to Two lanes southbound with striped on-street double yellow line (495'), remove do not enter sign by Richline Coopers Alley parallel parking on both sides of the street building,rotate no parking commercial loading zone sign(1)to face the correct direction of traffic Mann Street to Two lanes northbound with striped on-street Surface improvements,stripe parallel parking spots and solid double Twigg Street parallel parking on both sides of the street yellow line(230'),remove wrong way signs(2) Twigg Street to Two lanes northbound with striped on-street Surface Improvements, modify angled parking to become parallel Taylor Street parallel parking on both sides of the street parking on both sides of the street, stripe solid double yellow line � (290'),rotate parking signs(2)to face the correct direction of traffic Surface improvements, modify angled parking to become parallel CU Taylor Street to One lane northbound with striped on-street parking on both sides, stripe solid double yellow line (300'), rotate CL Starr Street angled parking on both sides of the street no parking commercial loading zone sign (1) to face the correct U direction of traffic Starr Street to One lane northbound with striped on-street Surface improvements, modify angled parking to become parallel Peoples Street angled parking on both sides of the street parking on both sides,stripe solid double yellow line(300') Peoples Street to One lane northbound with striped on-street angled Surface improvements, modify angled parking to become parallel Schatzell Street parking on both sides of the street parking on both sides,stripe solid double yellow line(190') ® A35 EXHIBIT B Street Roadway Existing Conditions Improvements* Name Segment Schatzell Street to One lane northbound with both Surface improvements,stripe solid double yellow line Lawrence St. parallel and angled parking on both (305') sides of the street One lane northbound with both Lawrence Street to parallel and angled parking on Surface improvements,stripe solid double yellow line � William Street (290') N both sides of the street m Surface improvements, modify angled parking to m William Street to One lane northbound with on become parallel parking on both sides, stripe solid CL m John Sartain street parallel parking on both double yellow line (290'), rotate parking signs (2) to s sides of the street v face the correct direction of traffic One lane northbound with striped Surface improvements, modify angled parking to John Sartain to on-street angled parking on both become parallel parking on both sides, stripe solid Coopers Alley sides of the street double yellow line (440'), rotate 25 mph speed limit sign to face the correct direction of traffic Surface improvements,stripe solid double yellow line Mesquite to (275'),rotate speed limit(1),no parking(2). Remove Chaparral Two lanes eastbound, no parking traffic signal ahead sign (1) to face the correct direction of traffic. Relocate dual post sign to south side of the street. Surface improvements, stripe solid double yellow in Chaparral to Water Two lanes eastbound, no parking line (290'), rotate 5 min parking signs (2) and private Street loading zone on south side property towing sign(1)to face the correct direction of traffic. Surface improvements, stripe solid double yellow line Water Street to Two lanes eastbound with on- (315'), rotate do not enter sign (1) to face Twigg St Shoreline Blvd street parallel parking on both and no parking sign(1)to face the correct direction of sides traffic,install do not enter sign(1)at Omni exit for new westbound traffic,remove one way sign(1) Water Street to Two lanes westbound with on- Surface improvements, stripe parallel parking spots m street parallel parking on both and solid double yellow line(315'), remove one way N in Shoreline Blvd sides signs(4) Two lanes eastbound with striped Surface improvements, stripe parallel parking spots CL c y Water Street to on-street parallel parking on north and solid double yellow line (310'), remove one way a N Shoreline Blvd. side, loading on south side signs(3) One lane westbound with striped Surface improvements, stripe parallel parking spots in on-street parallel parking on both and solid double yellow line on both legs(590'),stripe Water Street to sides on north leg,and two lanes for two eastbound lanes, one westbound lane that N Shoreline Blvd westbound with striped on-street opens up to two and a striped median buffer, remove parallel parking on south side of one way signs pointing left (2), install one way signs in south leg pointing right(2)on south leg d One lane eastbound with striped Surface improvements, stripe parallel parking spots d Mesquite St.to o-street parallel parking on both and solid double yellow line (285'), rotate 2 hour Cn Chaparral Street sides of the street parking sign(1)to face the correct direction of traffic d U C ;u Two lanes eastbound with on- Chaparral Street to street parallel parking on both Surface improvements, stripe parallel parking spots Water Street sides of the street and solid double yellow line(295') E Two lanes westbound with striped Surface improvements, stripe parallel parking spots !g y Water Street to on-street parallel parking on both and solid double yellow line (310'), remove one way Shoreline Blvd. � sides of the street sign(1) A36 TIRZ#3 TRAFFIC AND PLANNING ANALYSIS DRAFT I APRIL 2018 EXHIBIT B Street Roadway Existing Conditions Improvements* Name Segment Mesquite Street to Two lanes eastbound with striped on-street parallel Surface improvements, stripe parallel parking spots and Chaparral St parking on both sides of the street solid double yellow line(280'),rotate no parking commercial loading zone sign(1)to face the correct direction of traffic c Chaparral Street to Two lanes eastbound with striped on-street parallel Surface improvements, stripe parallel parking spots and Water Street parking on both sides of the street solid double yellow line(280') c s Water Street to Two lanes eastbound with striped on-street parallel Surface improvements, stripe parallel parking spots and solid double yellow line (320'), remove one way signs (3), Shoreline Blvd parking on both sides of the street remove lane assignment sign(1) In addition to the listed improvements,pedestrian facility improvements are needed to meet ADA standards. This study does not go into the details of providing these specific pedestrian facility improvements, such as ADA compliant curb ramps, sidewalks, pedestrian signal heads and push buttons, for each intersection and link. A37 EXHIBIT B THIS PAGE INTENTIONALLY LEFT BLANK EXHIBIT B EXHIBIT B 174 MW AEC ;au 4m `5".. y�k t r �/ �.n - •` ANO. Q - bk Downtown Traffic + Planning Analysis • City Council Presentation April 17, 2018 Purpose ENTERTAINMENT+TOURISM DESTINATIONS MOBILITY+WALKABILITY DOWNTOWN AREA DEVELOPMENT PLAN HARBOR BRIDGE RELOCATION PROJECT ONE-WAY TO TWO-WAY STREET CONVERSIONS DOWNTOWN PARKING ACTION PLAN NEED FOR CLEAR STRATEGY TO GUIDE PUBLIC INVESTMENTS RNNAiE NEw CCiAMERCUL REHABILITATION flEVRALIZATION INVESTMENTS CONSTRUCTION ACTIVRV 2 Iterative Community Feedback Outreach & Background Adoption Research Revised & Updated Recommendations Stakeholder y Input Town Hall & Community Community Feedback Open House Pre iminary Recommendations 3 Historic Downtown i . 7 -- Chaparral Street(1941) Chaparral Street(1950s) Corpus Christi Public Libraries Digital Archives. Corpus Christi Public Libraries Digital Archives. 4 Texas Two-Way Conversion Examples • Dallas • Portions of Houston,Akard, Federal, Field, and Patterson Streets • Direction from City leaders to convert to two-way back in 2005 • Houston street segment between Young and Elm Streets was last and completed in 2014 • North Houston Street and Victory Avenue conversions approved in 2012, completed 2015 • 2012 Approval to convert Elm and Commerce St. • San Antonio • Main and Soledad Streets(Bond 2012) • Austin • Completed Cesar Chavez(2006), Brazos(2015), 4 yy,i & Fifth Street(2017) • Approved Bond 2012 for Colorado and 'r•g.' y °C °a Bond 2016 for Nueces St. �.-•^ _°' -a, — _ , 1, . . 4i. PROJECT SITE MAP a 5 Benefits of Conversion T M F b liry Stuffy/or • Louisville, KY Case Study: • Two one-way streets converted to two-way streets in 2011 � s F • Between 2011 and 2013: 6 ' J1 Collisions Decreased(36%and 60%) Crime Decreased 23%(Citywide slight increase 2011-2013) ; A Slower/Calmer Traffic N F - 34 , - T Increased Traffic Volumes i T Increased Pedestrian and bike traffic a `. T Increased Business Revenuesy t 153" T Increased Property Improvements(2x) Maynoi,q.1P T Increased Property Values(39%on just one street) T Increased Tax Revenues r,' ENiR;N Source:Gilderbloom,John and Rign,William et.al.:"Two-ways to Fix Our Downtown Neighborhoods,"University of Louisville Center for Sustainable Neighborhoods.www.sun.louisville.edu 6 Lt Current Conditions t,#„�#� _.- tit _�• � *'I L �S - / 14 ,77 y Legend w';,b� One-way roads IL. 7 uo�Pus ayA,r 4 i ProposalTwo Way Conversion J y end .F r �� .ib NU�mBROf 4 . R 1 y _ y H�rYY ` t _ ' _ 1r . Proposed Short-Term Projects 2018-2020 • Two-way conversion of Marina Arts District street segments between Shoreline Boulevard and Water Street • Shoreline Pedestrian Improvements • Pavement Directional Markings • Downtown Lighting Phase 1 • Artesian Park • Lawrence Street pavement repair • Kinney/Chaparral Intersection • Agnes Street Configuration Feasibility Study • Upper & Lower Broadway Feasibility Study • 4-way stop evaluation 9 _= Projects Proposed Mid-Term Proj p 2021-2028 • SEA District projects — Harbor Bridge removal in 2021 • Twigg Street Reconstruction • Water Street Resurfacing • Agnes & Laredo Operational Improvements • IH-37 Corridor Plan • Mesquite Street two-way conversion • Coopers Alley Intersection Improvements with Mesquite and Chaparral + Sidewalk • Twigg Street Pedestrian Bridge • Downtown Lighting Phase 2 N, -- • Water Taxi io - Pro Projects Proposed Long-Term Proj � r p g OZ9+ • Hirsch Street Extension by ABC • Resurfacing Streets in Marina Arts 1 District • Lawrence & John Sartain two-way conversions � Yrat1 _ l e 11 �G Next Steps • Document Adoption Process Q:µpn's Qh�Ri m • Downtown Management - District Board - March 22, Ffl ® � 2018Vffi® _ • Transportation Advisory Commission - March 26, Hrfl Ffl OU �r 2018 TIRZ #3 Board of Directors - q � ' We r March 27, 2018 • Planning Commission - April _-- 4, 2 018 -Y of��. :.:1953 City Council - April 17, 2018 • Loading Zone Planning 12 A Proposed Bond 2018 • $1 .5 Million in Proposed Bond 2018 for Improvements Downtown • Pedestrian Safety Improvements — crosswalks, signage, pedestrian signals, sidewalks, ramps • Lighting Improvements • $200,000 TIRZ #3 funds for two-way conversions between Water Street and Shoreline Blvd. 13 Recommendation Staff and Planning Commission recommend adoption of the TIRZ #3 Traffic and Planning Analysis. 41, Mesquite Street(unknown date) Chaparral Street(1800s) Corpus Christi Public Libraries Digital Archives. Corpus Christi Public Libraries Digital Archives. 14 SC �o U NOOR P 0 P PZ' 1852 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 10, 2018 Second Reading Ordinance for the City Council Meeting of April 17, 2018 DATE: March 30, 2018 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema cDcctexas.com 361-886-2603 Accepting the Click It or Ticket Grant from TXDOT and appropriating funds CAPTION: Ordinance accepting $17,989.64 from State of Texas, Department of Transportation for FY2018 Click It or Ticket program grant; and appropriating $17,989.64 in Police Grants Fund. PURPOSE: Accept and appropriate the grant funds. BACKGROUND AND FINDINGS: The State of Texas, Department of Transportation is providing funding for a STEP program called Click It or Ticket (CIOT) where the Police Department will conduct an occupant protection enforcement effort during the Memorial Day Holiday, May 22 — June 4, 2018. This project will increase safety belt rates through enhanced enforcement and public information and education efforts. Officers will work on an overtime basis enforcing occupant protection laws across the City. The goal of the grant will be to issue 439 safety belt citations and 25 child safety seat citations and in turn increasing safety belt use among drivers and front seat passengers by 2%. Officers will be working on an overtime basis with the State providing 100% of eligible funding of the salaries and retirement. The City of Corpus Christi has had previous CIOT grants since 2002. ALTERNATIVES: Not accept the grant and not participate in the state wide CIOT campaign. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Adheres to all city policies. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: Operating Expense Project to Date Expenditures Fiscal Year: 2017-2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $17,989.64 $17,989.64 BALANCE Fund(s): Police Grants Fund Comments: RECOMMENDATION: Accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance accepting $17,989.64 from State of Texas, Department of Transportation for FY2018 Click It or Ticket program grant; and appropriating $17,989.64 in Police Grants Fund BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Texas Department of Transportation in the amount of $17,989.64 for the FY2018 Click It or Ticket program grant. SECTION 2. That $17,989.64 from the Texas Department of Transportation is appropriated in the No. 1061 Police Grants Fund for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 2 se GO O Va. AGENDA MEMORANDUM v First Reading Ordinance for the City Council Meeting of April 17, 2018 NORROPPESecond Reading Ordinance for the City Council Meeting of April 24, 2018 1852 DATE: April 3, 2018 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police MikemaCa)-cctexas.com 886-2603 Accepting and appropriating the FY 2017 Operation Stonegarden Grant Program CAPTION: Ordinance accepting $336,443 from State of Texas Governor's Homeland Security Grants Division for funding eligible under FY2017 Department of Homeland Security Grant Program - Operation Stonegarden; and appropriating $336,443 in Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: The purpose is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The Police Department agrees to conduct operations designed to reduce border-security risk. Tactical operations will be conducted on a periodic basis on overtime. The grant will pay for overtime, miscellaneous equipment, vehicle maintenance, and fuel. The grant period is from March 1, 2018 — May 31, 2019 ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: ❑ Operating X 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 $336,443 $336,443 BALANCE Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant award documents Ordinance accepting $336,443 from State of Texas Governor's Homeland Security Grants Division for funding eligible under FY2017 Department of Homeland Security Grant Program - Operation Stonegarden; and appropriating $336,443 in Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $336,443 from the State of Texas Governor's Homeland Security Grants Division for funding eligible under the FY2016 Department of Homeland Security Grant Program Operation Stonegarden to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's enforcement efforts to reduce border-security risk SECTION 2. That $336,443 is appropriated in the No. 1061 Police Grants Fund. SECTION 3. In the event of loss or misuse of the Office of the Governor funds, the City of Corpus Christi assures that the funds will be returned to the Office of the Governor in full. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 31737-03 -eGrants -Award Preview Page 1 of 2 8 18 AM Agency Name:Corpus Chrini C.ty GrantlApp 3173703 StartDate 1.2319 of Project Tide Nuems-2017 GPSG status.Appl-cm*n Pending Submssion[FUND HOLD[IBIJ End Data: Fund Snume:HS-Hometand Securely Grant Program HOLD) 5131x2019 :HF.0 P: Current Grant Manager Lynne Crow Current Program Manager Arturo Mendez Liquidation Date, Original Award:30 00 Current Budget:$336 443 00 Current Awards$0 0o CFDA 97 r7 004 Solicitation:Operation Stonegarden Soaelalion FYI` Nen'Notes-Click I fere EligOddy Profile Narrative Activities Measures Budget Documents Homeland Security Conditions of Funding Submit,Application Summary Upload.Fifes My Home Grantleslory Award,Preview Grant issues General Information and Instructions Grant Award Documents Click to View Resocnslbllltles Memo Print Stalement at Gram Award I Statement of Grant Award(SOGA) The Statement of Grant Award Is the official notice of award from the Office of the Governor(DOG) This Grant Agreement and all terms,conditions. provlS:ons and obligations set forth herein shall be binding upon and shall Inure to the benefit of the Parties and their respective successors and assigns and all other,State of Texas agencies and any other agencies,departments,divisions,governmental entities,pub Ic corporations,and tithe• entitles wh ch shall be successors to each of the Parties or which shall succeed to or become obl gated to perform or become bound by any or the covenants.agreements or obligat ons hereunder of each of the Parties hereto The approved proJect narrative and budget for this award are reflected In eGrants on the'Narrative'and'Budget/Detalls,tabs.By accepting the Grant Award n eGrants,the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement Including any and all applicable federa and state statutes,regulations,poll ties,guidelines and requ cements In instances where conn cting requirements apply to a Grantee.the more restrictive requ rement applies. The Grant Agreement Includes the Statement of Grant Award,the DOG Grantee Conditions and Responsibilities,the Grant Application In eGrants, and the other Identified documents in the Grant Application and Grant Award,Including but not'meted to 2 CFR Part 200,Uniform Administrative Requ rements,Cost Principles,and Audit Requirements for Federal Awards;Chapter 783 of the Texas Government Code,Tide 34,Part 1,Chapter 20, Subchapter E,Division 4 of the Texas Administrative Code,and the Uniform Grant Management Standards;UGMS)developed by the Comptroller of Public Accounts,the state Funding Announcement or Solicltadan under which the grant application was made,and for federal funding,the Funding Announcement or Solidtat on under which the DOG was awarded funds..and any applicable documents referenced In the documents listed above.For grants awarded from the U S.Department of Justice,the current applicable version of the Department of Justice Grants Financial Guide and any applicable previsions in Title 28 of the CFR apply For grants awarded from the Federal Emergency Management Agency(FEMA),all Information Bulletins and Policies pubbshed by the FEMA Grants Program Directorate apply.The DOG reserves the right to add additional responsibilities and reclulrements,with or withDat advance notice to the Grantee. By clicking on the'Accept'button within the'Accept Award'tab,the Grantee accepts the responsibility for the grant project,agrees and certifies compliance with the requirements outlined In the Grant Agreement,Including all provisions Incorporated herein,and agrees with the following conditions of grant funding.The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s)of Funding and Other Fund-Specific Requirementf s),if any,cited below Grant Number: 3173703 Award Amount: $336,443,00 Date Awarded: PREVIEW-AWARD NOT ACTIVE Grantee Cash Match: $0.00 Grant Period: 03/01/2018-05/31/2019 Grantee In Kind Match: $0.00 Liquidation Date: 08/29/2019 Total Project Cost: $336,443.00 Program Fund: HS-Homeland Security Grant Program fHSGPI Grantee Name: Corpus Christf,City-r Project Title: Nueces-3017 OPSG Grant Manager: Lynne Crow DUNS Number: 069457786 CFDA: 97,067-Homeland Security Grant Program(HSGP) Federal Awarding Agency: U.S.Department of Homeland Security,Federa Emergency Management Agency Federal Award Date: 9/5/2017 Federal/State Award ID Number: EMW-2017-55-00005 Total Federal Award/State Funds Appropriated: $80,206,000.00 Pass Thru Entity Name: Texas Office of the Governor-Home and Security Grants Division(HSGD) Is the Award ROD: No The purpose of the HSGP Is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The HSGP provides funding to implement Investments that build, Federal/State Award Description: sustain,and de8ver the 31 core capabilities essenda-to achieving the National Preparedness Coal(the Goal)of a secure and resilient Nation. The building, sustainment,and delivery of these core capabilities are not exduslve to any single level of government,organization,or community,but rather,require the combined effort of the whole Commun ty https:.....-'egrants.gov.texas.gov/project/awardpreview.aspx?i2=1&i 1=0&gh=7E-5F-2F-27-OF... 3.28/201$ se o� � v AGENDA MEMORANDUM NOORP08 IEO First Reading Ordinance for the City Council Meeting of April 17, 2018 1852 Second Reading Ordinance for the City Council Meeting of April 24, 2018 DATE: March 20, 2018 TO: Margie C. Rose, City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com Type A Business Incentive Grant for Jimenez Engineering Solutions, LLC dba International Consulting Engineers (ICE) CAPTION: Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and Jimenez Engineering Solutions, LLC, dba International Consulting Engineers, to provide a grant of up to $125,000, for the creation of jobs; appropriating said funds from the Business/Job Development Fund; and amending the budget. PURPOSE: ICE will create jobs in Corpus Christi. They will create 25 full-time employees with an annual payroll of $1 ,250,000 (average salary of$50,000 per job). BACKGROUND AND FINDINGS: ICE will invest $1 ,400,000 in a new headquarters and create 25 new jobs. They will service clients in Texas and in the United States. More than half of their revenue will be from outside sources. ALTERNATIVES: The company is not eligible for any other incentives. OTHER CONSIDERATIONS: ICE is a home grown engineering firm that does work outside of the region. This grant will be used for the creation of jobs. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to expand and thrive in Corpus Christi. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Budget Finance Legal FINANCIAL IMPACT: 0 Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures Current Future 2018 CIP only) Year Years TOTALS Line Item Budget 1 ,442,528.32 1,442,528.32 Encumbered / Expended Amount This item 125,000.00 125,000.00 BALANCE 1 ,317,528.32 1,317,528.32 Fund: Type A 1140 RECOMMENDATION: Staff recommends approval of the Type A Grant to ICE in the amount of$125,000 for the creation of jobs. LIST OF SUPPORTING DOCUMENTS: Ordinance - ICE Agreement - ICE Page 1 of 2 Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and Jimenez Engineering Solutions, LLC, dba International Consulting Engineers, to provide a grant of up to $125,000, for the creation of jobs; appropriating said funds from the Business/Job Development Fund; and amending the budget. Whereas, the Corpus Christi Business and Job Development Corporation ("Type A Corporation") has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). Whereas, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from Jimenez Engineering Solutions, LLC, dba International Consulting Engineers ("ICE") for the creation of at least 25 full-time jobs with an annual payroll of at least$1,400,000 (average salary of $50,000 per job) over a five-year period will best satisfy this goal; Whereas, City Council deems that it is the best interest of the City and citizens to approve the business incentive agreement for creation of jobs between the Type A Corporation and ICE; Whereas, the Board of the Directors of the Type A Corporation (the "Board") approved an agreement with ICE for an incentive in the amount of$125,000 in its meeting on March 19, 2018. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the business incentive agreement between the Type A Corporation and ICE, which provides for the creation of jobs within the City of Corpus Christi, is approved. SECTION 2. That $125,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund is appropriated for a business incentive grant from the Type A Corporation to ICE for the creation of jobs. SECTION 3. That Ordinance No. 031255, which adopted the FY 2017-2018 Operating Fund, is changed to increase proposed expenditures in the No. 1140 Business/Job Development Fund by $125,000 for a business incentive grant from the Type A Corporation to ICE for the creation of jobs. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor @BCL@ACODEE70.docx Page 2 of 2 Corpus Christi, Texas of That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Mayor Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Mayor Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor @BCL@ACODEE70.docx BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND JIMENEZ ENGINEERING SOLUTIONS, LLC dba INTERNATIONAL CONSULTING ENGINEERS FOR CREATION OF JOBS This Business Incentive Agreement for Capital Investments and the Creation and Retention of Jobs ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Jimenez Consulting Engineers, LLC dba International Consulting Engineers ("ICE"), a Texas limited liability corporation. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, Section 504.002 et seq, ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises,which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on November 14, 2016 amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on December 20, 2016; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, ICE is a local engineering firm with 31 current employees and current payroll of$1.6 million; WHEREAS, ICE proposes to initially invest approximately $1,400,000 in development at 261 Saratoga Boulevard over a five-year period; and WHEREAS, on March 19, 2018, the Board determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to ICE, through this Agreement with ICE that will result in the creation of at least 25 full-time jobs, with an estimated annual wages of $4,100,000, and City Council approved this expenditure on In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and ICE agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for five years beginning on the effective date. The anniversary of the Effective Date will be used when determining compliance for any given year. 3. Performance Requirements and Grants. a. ICE shall, over the term of this Agreement, create 25 full-time jobs, with average annual salary of$50,000 as described in the schedule below. Year Number of Number of Annual Payroll Capital New Jobs Retained Jobs Investment 1 6 31 2,100,000 1,400,000 2 6 37 2,600,000 0 3 5 43 3,100,000 0 4 4 48 3,600,000 0 5 4 52 4,100,000 0 b. Grants, not to exceed $50,000 per year and a cumulative total of $125,000 over five years, are calculated as $5,000 per job created. c. ICE must complete construction within two years following the effective date or the agreement automatically terminates. d. ICE must receive at least 51% of their revenue from outside of 50 miles from the intersection of Leopard Street and Staples Street. e. Should ICE fail to meet all of the Performance Requirements in any one year, ICE shall receive a reduced percentage of the Cash Incentive in effect that year. Such reduction will be in that percentage equal to the percentage that ICE's performance falls below the Performance Requirements. However if ICE fails to meet at least 70% of any of the Performance Requirements in any one year, then ICE is not entitled to any payment for that year. f. The Corporation will award a grant to ICE based on the formula above, payable not later than 90 days after the anniversary of the Effective Date each year if ICE meets the minimum Performance Requirements in the preceding year described in paragraph a above (collectively, the "annual performance benchmarks"). g. ICE will display signage that states that they are recipients of Type A funding. This signage will be provided to ICE by the Board and will be displayed in a location that is visible to a visitor to their facility. 4. Job Creation Qualification. a. In order to count as a created job under this Agreement, a "job" must be as defined in the Type A Guidelines as a full-time employee, contractor, consultant, or leased employee who has a home address in the Corpus Christi MSA. b. ICE agrees to confirm and document to the Corporation that the minimum number of jobs created as a result of funding provided by this Agreement is maintained throughout the term by ICE. c. ICE shall ensure that the Corporation is allowed reasonable access to its personnel records. 5. Utilization of Local Contractors and Suppliers. ICE agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements being paid to local contractors and suppliers. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50-mile radius of Nueces County. ICE agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of ICE to comply with the Local Requirement, and to provide an annual report to the City Manager of the City, or designee,from which the City Manager or designee shall determine if ICE is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. 6. Utilization of Disadvantaged Business Enterprises("DBE'). ICE agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women-owned business enterprises and historically-underutilized business enterprises. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. ICE agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. ICE agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of ICE to comply with the DBE Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if ICE is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. For the purposes of this section, the term "local' as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises, women-owned business enterprises and historically-underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50-mile radius of Nueces County. 7. Living Wage Requirement. In order to count as a permanent full-time job under this agreement, the job should provide a "living wage" for the employee. The target living wage under this agreement is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. 8. Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement. 9. Warranties. ICE warrants and represents to Corporation the following: a. ICE is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, and has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. ICE has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. ICE has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all taxes, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. d. ICE has received a copy of the Act and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The person executing this Agreement on behalf of ICE is duly authorized to execute this Agreement on behalf of ICE. f. ICE does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, ICE is convicted of a violation under 8 U.S.C. Section 1324a(f), ICE shall repay the payments received under this Agreement to the City, with interest at the Wall Street Journal Prime Rate, not later than the 120th day after the date ICE has been notified of the violation. 10. Compliance with Laws. During the Term of this Agreement, ICE shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 11. Non-Discrimination. ICE covenants and agrees that ICE will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 12. Force Majeure. If the Corporation or ICE are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or ICE are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible afterthe occurrence of the cause or causes relied upon. 13. Assignment. ICE may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 14. Indemnity. ICE covenants to fully indemnify, save, and hold harmless the Corporation, the City, and their respective officers, employees, and agents ("Indemnitees") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers'compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with ICE activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. ICE must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 15. Events of Default by ICE. The following events constitute a default of this Agreement by ICE: a. The Corporation or City determines that any representation or warranty on behalf of ICE contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Any judgment is assessed against ICE or any attachment or other levy against the property of ICE with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. ICE makes an assignment for the benefit of creditors. d. ICE files a petition in bankruptcy or is adjudicated insolvent or bankrupt. e. If taxes owed by ICE become delinquent, and ICE fails to timely and properly follow the legal procedures for protest or contest. f. ICE changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. g. ICE fails to comply with one or more terms of this Agreement. 16. Notice of Default. Should the Corporation or City determine that ICE is in default according to the terms of this Agreement, the Corporation or City shall notify ICE in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for ICE to cure the event of default. 17. Results of Uncured Default by ICE. After exhausting good faith attempts to address any default during the Cure Period and taking into account any extenuating circumstances that might have occurred through no fault of ICE, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. ICE shall immediately repay all funds paid by Corporation to them under this Agreement. b. ICE shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by ICE of all sums due, the Corporation and ICE shall have no further obligations to one another under this Agreement. 18. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of ICE's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time ICE is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 19. ICE specifically agrees that Corporation shall only be liable to ICE for the actual amount of the money grants to be conveyed to ICE and shall not be liable to ICE for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from ICE to be accompanied by all necessary supporting documentation. 20. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 21. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Company: International Consulting Engineers Attn: Jesus J. Jimenez 555 North Carancahua Street Suite 860 Corpus Christi, Texas 78401 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b.A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 22. Incorporation of other documents. The Type A Guidelines, as amended, are incorporated into this Agreement by reference as if fully set out here in their entirety. 23. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 24. Relationship of Parties. In performing this Agreement, both the Corporation and ICE will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 25. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 26. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b.To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 27. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 28. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and ICE. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 29. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14 shall survive the termination of this Agreement. (Remainder of this page intentionally left blank) Corpus Christi Business & Job Development Corporation By: Bart Braselton President Date: Attest: By: Rebecca Huerta City Secretary Date: Approved as to Legal Form By: Aimee Alcorn-Reed Assistant City Attorney Attorney for Corporation Date: Jimenez Cons i eers, LLC, dba International Consulting Engineers By: Jesus J. Imenez President Date: _c:::�> ,�"258 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on lY1a1-Ch :6 , 2018, by Jesus J. Jimenez, President, for International Consulting Engineers, a Texas limited liability corporation, on behalf of the corporation. JAM b A�4, JA ,�"V P"!* DEBORAH MARIE TREVINO Notary Public Notary Public,State of Texas State of Texas a P Comm. Expires 11-26-2021 Notary ID 129637767 se O H U AGENDA MEMORANDUM NOfl POP PZE 12 Public Hearing and First Reading for the City Council Meeting of April 24, 2018 Second Reading for the City Council Meeting of May 08, 2018 DATE: March 23, 2018 TO: Margie C. Rose, City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services NinaM@cctexas.com (361) 826-3276 Amendments to the London Area Wastewater Master Plan CAPTION: Ordinance amending the London Area Wastewater Master Plan, an element of the Comprehensive Plan; amending related elements of the Comprehensive Plan; and providing for severance and publication. PURPOSE: The purpose of this item is to amend the London Area Wastewater Master Plan ("Master Plan") to support development and improve the design of the system by increasing the diameters of the lines, adjusting the location of the proposed lines and lift station, correcting and expanding the lift station service area, and delineating sub- basins. BACKGROUND AND FINDINGS: The current Master Plan was adopted in April 2017 and covers an area of about 1,000 acres located outside of the city limits south of the Oso Creek in approximately the northwest corner of State Highway (SH) 286 and County Road (CR) 43 and approximately 2,500 feet west of CR 33 and the London Independent School District property. The area served in the London Area Wastewater Master Plan is located within the boundaries of the City's water Certificate of Convenience and Necessity (CCN), but not within the City's wastewater CCN. The Public Utility Commission of Texas approves municipalities' or utility districts' requests for CCN boundaries, and a CCN gives the CCN holder the exclusive right to provide retail water and/or wastewater utility services to an identified geographic area. A map of the CCNs is attached. The current Master Plan was developed by calculating projected flows based on land uses in east and west sub-basins. The current Master Plan assumes low density residential development to occur with limited consideration for medium and high density residential uses or commercial development. Given the current housing trends toward smaller lots, proximity to SH 286 and CR 43 with additional planned arterial roads shown on the Urban Transportation Plan, and the proposed Regional Youth Sports Complex, staff believes anticipated land uses will require greater capacity in the sanitary sewer system than what the current Master Plan is designed to handle. The current Master Plan shows two proposed 15-inch diameter gravity main lines tying into a proposed lift station, which will be located in the north end of the lift station service area on City Solid Waste property, and a proposed 16-inch diameter force main, all to be tied into the Greenwood Wastewater Treatment Plant. The proposed lift station is shown on the current Master Plan to be located approximately 1,100 feet north of the City limit line. The gravity mains serve as wastewater trunk mains for the east and west sub-basins. The 15-inch gravity lines were designed with minimal slopes to be able to have appropriate depth at the extreme limits of each sub-basin. A 15-inch gravity line will handle a maximum flow of 1,160 gallons per minute (GPM) at minimum slopes. Based on the higher densities, the estimated flows for the 530-acre east sub-basin are 2,460 GPM, well exceeding the capacity of a 15-inch line. A 21-inch line with similar slopes has a design capacity of 2,800 GPM, and staff proposes to increase the east sub-basin gravity line from 15 inches to 21 inches in diameter. Based on the higher densities, the estimated flows for the 470-acre west sub-basin are 1,600 GPM, exceeding the capacity of a 15-inch line. An 18-inch line with similar slopes has a design capacity of 1,633 GPM, and staff proposes to increase the west sub-basin gravity line from 15 inches to 18 inches in diameter. Based on the higher densities and need for larger diameter lines, staff proposes to increase the diameter of the north-south gravity line that will connect to the lift station from 15 inches to 24 inches. Other minor amendments are proposed as follows: • Correct the boundaries of the lift station service area. The area of the City Solid Waste property south of the Oso Creek is immediately adjacent to the proposed gravity lines. This area was assumed as park use for the purposes of calculating wastewater demand for the current Master Plan. The lift station service area needs to be corrected to reflect this property being included in the calculations. • Identify the east and west sub-basin boundaries. To more specifically represent wastewater needs, sub-basins were delineated to better represent the properties/land uses that will be served by each gravity line. • Relocate the lift station approximately 1,100 feet south closer to the junction of the 30-foot deep gravity lines and farther from the Oso Creek. Relocating the lift station will reduce construction costs and help protect the lift station, which is considered a critical facility according to FEMA, from possible flood impacts. ALTERNATIVES: During the Planning Commission public hearing, Commissioners asked whether or not additional land could be added into the service area so that a specific property in the northwest portion of the plan that is owned by one landowner would not have to split their property between two service areas. Planning Commission and staff also discussed reducing the number of people assumed per household type to reflect census data and other City wastewater master plan assumptions and reducing the assumed gallons of sewage generated per person per day. Upon further review after the Planning Commission public hearing, staff determined that by reducing the density/demand assumptions, the additional land could be added into the service area without impacting the proposed design. Including this area will add approximately 95 acres to the west sub-basin. With the additional acreage, however, the proposed system will be at capacity. Staff recommends the inclusion of the additional 95 acres. Planning Commission and staff also discussed whether the service area boundary included land in the flood zones and if the boundary followed the Oso Creek. Staff recommends amending the lift station service area boundary to reflect that the developable flood zones (not floodways) south of the Oso Creek are included in the service area. This change to the boundary has been made to the maps presented in the staff recommendation and ordinance exhibit. All departments are in agreement with the proposed alternative and staff recommendation. OTHER CONSIDERATIONS: Private developers are eligible for certain levels of reimbursement for constructing City master-planned infrastructure. A private developers cost of designing and installing an 18-inch wastewater trunk line and lift station is 100% reimbursable from the Developer's Trust Fund. A 15-inch wastewater collection line is only partially reimbursable. For reimbursement purposes, a wastewater "collection line" is defined as a line of 15- inch diameter and smaller. Maximum developer reimbursement for collection lines will be limited for such off-site extensions to 50% of the mathematical product obtained by multiplying the pipe diameter in inches by the acreage or lot fee value. For reimbursement purposes, a wastewater "trunk line" is defined as a line of 18-inch diameter and larger. A trunk line is 100% reimbursable whether or not it is an off-site or on-site extension. ("On-site" means the line is proposed within or abutting the developer's property.) CONFORMITY TO CITY POLICY: The proposed amendment conforms to City policy and Plan CC Comprehensive Plan guidelines for updating utility master plans. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Utilities, Planning, and Legal support the proposed amendment. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount Approximately This item $4,200,000 BALANCE Fund(s): Not Applicable Comments: The estimated cost of this plan is over $4,200,000. The wastewater trust funds would not cover the anticipated improvements. Reimbursements could be processed as funds become available or additional funds such as water trust funds could be transferred to cover the costs to the developer. The proposed plan amendments actually reduce costs by relocating the lift station 1,100 feet south to take advantage of existing ground elevations. RECOMMENDATION: Upon review of Planning Commission's input discussed under "Alternatives," Staff recommends approval of the following proposed amendments to the Master Plan: 1. Correct the service area to include City Solid Waste property south of the Oso Creek. 2. Relocate the lift station approximately one-quarter mile south. 3. Increase the north-south gravity line that ties into lift station from 15-inch diameter to 24-inch diameter. 4. Increase west gravity line from 15-inch diameter to 18-inch diameter. 5. Increase east gravity line from 15-inch to 21-inch diameter and reduce its length to approximately 100 feet. 6. Identify east and west sub-basin boundaries within the lift station service area. 7. Expand the service area by 95 acres in the northwest area. 8. Correct the service area boundary to follow the Oso Creek floodway. The current Master Plan used lower densities than staff anticipates will actually be developed and is, therefore, inadequate in handling projected wastewater demands. The proposed amendments will support anticipated wastewater demand, accommodate development, reduce construction cost, and reduce the risk of flooding the lift station. LIST OF SUPPORTING DOCUMENTS: • Ordinance • Map of the Greenwood Wastewater Service Area • Presentation ORDINANCE AMENDING THE LONDON AREA WASTEWATER MASTER PLAN, AN ELEMENT OF THE COMPREHENSIVE PLAN; AMENDING RELATED ELEMENTS OF THE COMPREHENSIVE PLAN; AND PROVIDING FOR SEVERANCE AND PUBLICATION. WHEREAS, the first London Area Wastewater Master Plan and Storm Water Master Plan were approved by City Council and adopted by Ordinance No. 031113 on April 11, 2017; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation concerning an amendment to the London Area Wastewater Master Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, the Planning Commission recommended approval of the amendment to the London Area Wastewater Master Plan; WHEREAS, based on the Planning Commission discussion the City Manager further recommends additional property under single ownership in the northwest portion of the plan be included in the lift station service area, reduction of the assumed persons per household and gallons of sewage generated per person per day, and expansion of the lift station service area boundary to parallel the floodway on the south side of the Oso Creek; WHEREAS, with proper notice to the public, all interested persons were allowed to appear and be heard during public hearings before the Planning Commission on Wednesday, March 21, 2018, and before the City Council on Tuesday, April 24, 20187 and such public hearings were held in the Council Chambers at City Hall; and WHEREAS, the City Council has determined that this amendment to the London Area Wastewater Master Plan would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That an amendment to the London Area Wastewater Master Plan, which is an element of the Comprehensive Plan of the City of Corpus Christi, Texas, is adopted by this ordinance to read as shown in Exhibit "A" attached to this ordinance and incorporated by reference. SECTION 2. That to the extent the amendments made by this ordinance represent a deviation from the Comprehensive Plan of the City of Corpus Christi, Texas, the Comprehensive Plan is amended to conform to the amendments made by this ordinance. SECTION 3. That the Comprehensive Plan of the City of Corpus Christi, Texas, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remains in full force and effect. SECTION 4. That 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 hereof shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 6. Publication shall be made in the City of Corpus Christi's official publication as required by the City Charter of the City of Corpus Christi. Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel PASSED AND APPROVED on this the day of 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 3 EXHIBIT At 1 Average Daily Wastewater Flow The service population and wastewater flow generation for the land use London Area Wastewater Plan ; �oo� identified in this area are as followed: �3 �0'"� iwasavdn i I OSO CREEK FLOODWAY "I """ ♦ 2.Peaking Factor _ The peak flow for all land uses shall be generated using the Babbitt r_ �����t-� Formula which is commonly used in the industry. The formula is as follows. —�J (population/1000)"0.2,(Minimum=2 Maximum=4) 3.Infiltration and Inflow In this master plan,infiltration and inflow shall be calculated using 400 gallons per day per acre. I _ 4.Peak Design Flow I All design of lift stations,force mains and collection systems shall use '\ the peak flow as their basis which will include the peaking factor and LegendI infiltration and inflow. \\ 55orce Mains Lift Station i Mi,.� y Force mains shall be designed to have a velocity between 2 feet per PfopOsed Mains `__ second and 5 feet per second to ensure that they are adequate to U - —"� move solids. Gravity Main(GM) I - —Force Main(FM) I ,\ F2 London Sub-Basin I S1 CITY PROPERTY -- -r-. C3LS Service AreaI - ___.._.._____„�„. 6.��City Limit I .,_....._.._.._.._....._.._,._.._..... ♦ _ ........_....._.._.. D Commercial ♦ \ ! I 18”GM / 21”GM f \ Estate Residential Low Density Residential - i=Medium Density Residential "—'Parks Public/Semi-Public I f————— / ♦ ,/ / U ...................... N ._.._.._..:� I s / ---------- / LONDON ISD FM 43 / / ---------/ M les ALLISON - `} � Nue— Bay p ----------------------- s ROADWAY v, n (j City of Corpus Christi Wastewater °°`p°s Christi Bay Service Areas •� � II u- �Px a�7 gt GREENWOO / OSO s. Public Lift Stations LAGUNA�MADRE eaoiyvin¢c°reekwsw -�I Laguna Matlre ,an ..>zu,�h.�•d< <. ,av .aa�, a maw,a,a.awa ,aas x�,..,,, ,,.¢��rva..a:= �, :off �oere.r�xma ¢oo.:more-..¢na ,¢ ,asa n7 N,.r=•N� .az,.y.,��a., ,.._�,&. ' v WHITECAP •ewn^" -------------- „ � xi,�„wnne• nmPo„i.a.w.nes x.w.va n ,as, amR•a mon,¢.aaxo.a . ,z ,ass xa�.wnnn nmPo.ma.w.nxx.w.va w ,00z ore..rNm¢v m.ory r3,00,,.e�.,,o. . Amendments to the Wastewater Master Plan For the London Area City Council Presentation April 24, 2018 `opus�yqs < u y +ase bject Area 100 ear 500 Year !' <... L1on on ISD L 0 0.125 0 25 0 S Miles �• � . ] Greenwood Wastewater Service Area 21 25 Greenwood Service Area A GREENWOO ` (8.0 MGD) . t °ea 28 -Oso Creek I _ ooC`epk �3l` � CityJL'imftsr II II' � �_ 3� y N-1 FM 43 Subject Are 6 � 3 j Existing Adopted Master Plan Legend `a Lift Station City Limi( �1 Proposed Mains N Force Main Gravity Mam ,SLS Service Area Commercial Ee[a[e Residential LawDensity Residential Metli um Density Resitlen(ial Parks LS 1 PAWS—Public j 1/ City Property-Solid Waste Operations 15 in Gravity Main 15 m Gravity Main Proposed Regional ( Sports Complex Church M N s - — - London ISD h FM 43 Miies —— 0 0.050.1 .,4.2 0.3 0.4 Master Plan Recommended To Planning Commission Legend Z v Legend Station •'•" Proposed Mains +Gravity Main(GM) --- - --- -Farce Main(FM) --' r=Land Sub-Rasin OLS Service Area �••.: cN L r ` 1.Service area to include Ci Ocommemai /2.Relocate Lift Station I e i r R aeneai / ` I / Property L D iy Res denial Parks Semi-prRes tlemial I M d 0 y ns pates / 3.Increase gravity line P �nim / from 15"to 24" 4 / 4.Increase gravity line from 15"to 18" LS 1 City Property–Solid Waste Operations \� r1m 21"GM / 5.Increasegravityline / from 15"to 21"& _i Proposed Regional i l I f reduce length ! Sportjx Church r_— ............... Uniimded I j 6.Identify sub-basins�6ar�Ns9 /I -- a�aaas ————— — — —nrar-- oo.o5ar 0.2 osi 0.4 FM 43 5 !� Alternative / Staff Recommendation 7.Expand se ice 8.Service area to follo ice area by ia',. Opp floodway approx.95 acres l v i OSO CREEK FLOODWAY --J � ! I i Legend 4g \\ Proposed Mains G..IffyM n(CMJ �Forc M (FM( f�Lo,d s-n-saam $� City Property solid Waste Operations\\ prssarea ` -�.._................................................................ . ........ \ �„?ciry Omit � y r Estate Residencai 18”GM /21"GM I \ Low Density Residenfiai / / Proposed Regional Medium Deaalty Resideaaai / f———— sorts Complex Parks P1 ! p p Pammrsemi-OMic /� i f l Church —— . Unlimited I / I / I / / N I �D�donj50/ � ---------- ---------------------------------� FM 43 - Staff Recommendation 1. Correct service area boundary to include City Solid Waste property south of the Oso Creek. 2. Relocate the lift station approximately 1/4 mile south. 3. Increase the north-south gravity line that ties into lift station from 15" to 24" diameter. 4. Increase west gravity line from 15" to 18" diameter. 5. Increase east gravity line from 15" to 21" diameter and reduce its length to approximately 100'. 6. Identify sub-basin boundaries within the service area. 7. Expand the service area by 95 acres in the northwest area. 8. Correct the service area boundary to follow the Oso Creek floodway. se O �A H v AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of April 24, 2018 "CORPOppjESecond Reading Ordinance for the City Council Meeting of May 08, 2018 185` DATE: 04/03/2018 TO: Margie C. Rose, City Manager FROM: Nina Nixon-Mendez, Director, Development Services NinaM@cctexas.com Agreement and appropriating funds for Braselton Custom Homes for the construction of a lift station, Wastewater Trunk System and Reimbursement Agreement. CAPTION: Ordinance appropriating and transferring $350,000.00 from Sanitary Sewer Collection Line Trust Fund, $750,000.00 from Water Distribution Main Trust Fund, and $1,166,283.53 from Water Arterial Transmission and Grid Main Trust Fund to the Wastewater Trunk System Trust Fund; executing a Wastewater Trunk Main Line Extension Construction and Reimbursement Agreement with Braselton Custom Homes Ltd, LP; and appropriating $4,266,283.53 to reimburse Developer in accordance with Agreement. PURPOSE: Braselton Custom Homes is required to construct a lift station inside the city limits and install a 16-inch Force Main line to adequately reach the Greenwood Wastewater Treatment Plant. The lift station will require installation of Gravity Sewer Trunk Mains to provide adequate sewer service to a proposed residential subdivision development. BACKGROUND AND FINDINGS: Braselton Custom Homes is required to construct a lift station inside the city limits and install 8,896 linear feet of 16-inch Force Main to adequately reach the Greenwood Wastewater Treatment Plant. The lift station will require installation 36 linear feet of 24-inch Gravity Sewer Trunk Main and 1,351 linear feet of Gravity Sewer Trunk Main to provide adequate sewer service for the development of a proposed subdivision within a portion of Assessors Map 154, 120 acres out of Tract 2 located west of County Road 33 and North of FM 43. Additionally, 126 linear feet of Gravity Sewer Trunk Main will be installed within the city limits to the east of the proposed lift station. Page 1 of 4 The Wastewater Master Plan calls for the construction of 18-inch Trunk Main west of the lift station and 21-inch Trunk Main east of the lift station. If the actual costs for installation of such wastewater trunk line and mains are greater than the lot or acreage fee, the developer shall be reimbursed (less any lot or acreage fee credits) from funds available from the Wastewater Trunk System Trust Fund for that portion of the trunk lines installed by the developer. In this case, the total construction cost is $4,266,283.53. Per UDC Section 8.5.2.E.4 Wastewater Lift Station Installations, Braselton Custom Homes is requesting reimbursement for the installation of a proposed wastewater lift station inside the city limits west of County Road 33 and north of FM 43 to serve the proposed subdivision and future development in the area. Per UDC Section 8.5.2.E.3. Wastewater Trunk Force Main Extensions, the Developer is requesting reimbursement for the installation of 8,896 linear feet of 16-inch Force Main from the proposed lift station to the Greenwood Wastewater Treatment Plant located north of the Oso Creek near Saratoga. The proposed force main will travel north from the proposed lift station and under the Oso Creek to finally connect with the Greenwood Wastewater Treatment Plant. Per UDC Section 8.5.2.E.1 Wastewater Trunk Line Extensions, the Developer is requesting reimbursement for the installation of 36 linear feet of 24-inch Gravity Sewer Trunk Main and 1,351 linear feet of 18-inch Gravity Sewer Trunk Main from the proposed lift station to a proposed subdivision west of County Road 33 and north of FM 43. An additional 120 linear feet of 21-inch Gravity Sewer Trunk Main will be installed, inside the city limits, from the lift station to the east. The proposed development west of County Road 33 will require the extension of 1,351 linear feet of 18-inch Gravity Sewer Trunk Main from the proposed lift station in order to provide adequate wastewater service to the property. Per UDC Section 8.5.2.F. Property Outside City Limits, the property owners have submitted a Petition Requesting Annexation by Area Landowners to the City of Corpus Christi prior to wastewater service being made available to the proposed subdivision. Per UDC Section 8.5.1.C.4 Review of Funds, the City Council may, after a public hearing, transfer monies from one trust fund to the other in order to better carry out the purposes of this Unified Development Code. Water trust funds may be transferred to water trust funds or wastewater trust funds. Once every two years, the City Council shall review the adequacy of all fees and charges established herein and the sufficiency of the trust funds and may, after a public hearing, adopt a new schedule of fees and charges. (Ordinance 030369, 12/16/2014) Per UDC Section 8.5.2.1. Review of Funds, the City Council may, after a public hearing, transfer monies from one trust fund to the other in order to better carry out the purposes of this Unified Development Code. Wastewater trust funds may be transferred to wastewater trust funds or water trust funds. Page 2 of 4 ALTERNATIVES: 1 . Pay $2,000,000.00 from the No. 4220 Wastewater Trunk System Trust Fund and pay the remaining balance on a quarterly basis as funds become available from lot or acreage fee deposits into the Wastewater Trunk System Trust Fund. 2. Disapprove the Reimbursement Agreement request. OTHER CONSIDERATIONS: Future Sanitary Sewer Trunk Trust Funds will be diminished. Funding of future projects in other locations may be delayed until such time that this fund is replenished. CONFORMITY TO CITY POLICY: The developer will be installing a lift station, a Force Main line to the Greenwood Wastewater Treatment Plant, Gravity Sewer Trunk Mains from the proposed lift station to serve the proposed subdivision, and has requested a Reimbursement Agreement, in accordance with UDC Section 8.5.2 Wastewater Trust Fund. Should the London Area Wastewater Master Plan amendments scheduled for City Council consideration be approved, the project will be consistent with the Wastewater Master Plan. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not Applicable Beginning Ending TRUST FUND ACCOUNTS Balance Transfer Balance Sanitary Sewer Collection Fund $627,682.18 $350,000.00 $277,682.18 Sanitary Sewer Trunk Fund ($2,084262.56) $182,020.97 Water Transmission Grid Main $1,714,610.85 $1,166,283.53 $548,327.32 Water Distribution Main $1 ,112,932.88 $750,000.00 $362,932.88 $2,266,283.53 $1 ,370,963.35 Comments: In addition to the $2,000,000 from the No. 4220 Wastewater Trunk System Trust Fund, a transfer $350,000.00 from the Sanitary Sewer Collection Line Trust Fund (4220- 21801-777); $750,000.00 from the Water Distribution Main Trust (4030-21806-777); and, Page 3 of 4 $1 ,166,283.53 from the Water Arterial Transmission & Grid Main Trust (4030-21805-777) to the No. 4220 Wastewater Trunk System Trust Fund for an appropriation of $2,266,283.53 would fully fund the Wastewater Reimbursement Agreement request in the amount of $4,266,283.53 to reimburse the Developer in accordance with the Agreement. The remaining balance will be, No.4220 Wastewater Trunk System Trust Fund $182,020.97, No. 4220- 21801-777 Sanitary Sewer Collection Line Trust Fund $277,682.18, No. 4030-21806-777 Water Distribution Main Trust Fund $362,932.88, No. 4030-2105-777 Water Arterial Transmission and Grid Main Trust Fund $548,327.32. RECOMMENDATION: Reimbursement Agreement meets the requirements of the UDC. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Wastewater Trunk Main Line Extension Construction and Reimbursement Agreement with Exhibits Page 4 of 4 Ordinance appropriating and transferring $350,000.00 from Sanitary Sewer Collection Line Trust Fund, $750,000.00 from Water Distribution Main Trust Fund, and $1,166,283.53 from Water Arterial Transmission and Grid Main Trust Fund to the Wastewater Trunk System Trust Fund; executing a Wastewater Trunk Main Line Extension Construction and Reimbursement Agreement with Braselton Custom Homes Ltd, LP; and appropriating $4,266,283.53 to reimburse Developer in accordance with Agreement. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $350,000 from the Sanitary Sewer Collection Line Trust Fund (4220-21801-777); $750,000.00 from the Water Distribution Main Trust (4030- 21806-777), and $1 ,166,283.53 from the Water Arterial Transmission & Grid Main Trust (4030-21805-777) is transferred to the Sanitary Sewer Trunk System Trust Fund (4220-21800-777) SECTION 2. The City Manager or designee is authorized to execute a sanitary sewer trunk line construction and reimbursement agreement ("Agreement") attached hereto, with Braselton Custom Homes Ltd, LP for the construction of a lift station, installation of 16-inch Force Main, installation of 18-inch Trunk Main, and installation of 21-inch Trunk Main, including all related appurtenances, for the development of a portion of Assessors Map 154, 120 acres out of Tract 2 located west of County Road 33 and North of FM 43, Nueces County, Texas. SECTION 3. Funding in the amount of $4,266,283.53 is appropriated from the No. 4220 Sanitary Sewer Trunk System Trust Fund to reimburse the Developer for the construction of a lift station, installation of force main, installation of sanitary sewer trunk mains, and construction improvements in accordance with the Agreement, Agreement. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor WASTEWATER TRUNK MAIN LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § § COUNTY OF NUECES § This Wastewater Collection Line Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and Braselton Custom Homes, Ltd. ("Developer"), a Texas Limited Partnership. WHEREAS, the Developer, in lieu of submitting a plat, has submitted a Land plan which is to be platted and developed in the future, to wit: 118 Acres existing outside the City Limits, as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement. WHEREAS, under the UDC, the Developer is responsible for construction of the wastewater collection line extension ("Wastewater Extension"); WHEREAS, under the UDC, the Developer is eligible for reimbursement of the Developer's costs for the construction of Wastewater Extension; WHEREAS, it is to the best interest of the City that the Wastewater Extension be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.2.E.2 of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Wastewater Trunk System Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer has submitted an application for reimbursement of the costs from the Wastewater Trunk System Trust Fund for installing the Wastewater Extension, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. Developer shall construct the Wastewater Extension in compliance with the City's UDC and under the plans and specifications approved by the City's Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Wastewater Extension, as shown in the design memorandum Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following basic design: 1. Install 8896 linear feet 16-inch PVC force main; (2-6 feet deep) Page 1 of 8 2. Install 1351 linear feet 18" PVC gravity sewer 30 feet deep; 3. Install five (5) 5-foot diameter manholes (28-30 feet depth); 4. Install one (1) 8-foot diameter wet well (30 feet depth); 5. Install lift station pump assembly 6. Install diesel stand by generator 7. Install approximately 1384' of 16" directional bore; 8. Install approximately 10,188 feet of OSHA trench protection 9. Dewatering; 10. Connect to existing waste water treatment plant and; 11. Traffic control; b. The Wastewater Plan indicates a lift station to be located on City property near Oso Creek to take advantage of the natural ground slope and help with extending gravity collection system to the service area boundaries. Exhibit 4 c. The plans and specifications must comply with the City's Wastewater Standards Detail Sheets and Standard Specifications. d. Before the Developer starts construction, the plans and specifications must be approved by the City's Development Services Engineer. e. The wastewater extension plans and specifications must be submitted for review by the City within 45 days of approval of this Agreement by the City Council. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Wastewater Extension, Developer shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Wastewater Extension. Where portions of the proposed Wastewater Extension reside on City land, easements necessary for the Wastewater Extension will be granted by the City upon agreement of the metes and bounds. 4. PLATTING REQUIRED. Within 45 days of execution of this agreement, Developer shall submit a master preliminary plat application for future consideration by the Corpus Christi Planning Commission for the area in the Land plan attached in Exhibit 1. 5. DEVELOPER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and complete the Wastewater Extension, under the approved plans and specifications, within 18 months from the date of the approval of the Wastewater extension plans by the City. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review Page 2 of 8 or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly per published timelines. 8. DEFAULT. The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 45th calendar day after the date of approval of this Agreement by the City Council. c. Developer fails to award a contract for the construction of the Wastewater Extension, according to the approved plans and specifications, within 9 months after the date of approval of this Agreement by the City Council. d. Developer's contractor does not reasonably pursue construction of the Wastewater Extension under the approved plans and specifications. e. Developer's contractor fails to complete construction of the Wastewater Extension, under the approved plans and specifications, within the later of 18 months from the date of City Council approval of this agreement or 18 months from the approval of wastewater extension plans by the City. f. Either the City or the Developer otherwise fails to comply with its duties or obligations under this Agreement. 9. NOTICE AND CURE OF DEFAULT. a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should the Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer, at the address stated in section 11, of the need to perform the obligation or duty and, should the Developer fail to perform the required obligation or duty within 15 business days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer by reducing the reimbursement amount due to the Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: Page 3 of 8 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer under this Agreement and charge the cost of such performance to the Developer. The Developer shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer receives notice of the cost of performance. In the event the Developer pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer has all its remedies at law or in equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer: Braselton Custom Homes 5537 Yorktown Corpus Christi, Texas 78413 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Page 4 of 8 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 12. THIRD PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Wastewater Extension, contracts for testing services, and contracts with the contractor for the construction of the Wastewater Extension must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer shall, before beginning the work that is the subject of this Agreement, execute a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of$25,000. The performance and payment bonds must comply with Texas Government Code, Chapter 2253. 14. WARRANTY. Developer shall fully warranty the workmanship of and function of the Wastewater Extension and the construction of the Wastewater Extension for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services and Development Services Engineer. 15. PLATTING FEES. Upon platting, the actual wastewater system lot/acreage fees will be credited in accordance with Corpus Christi Texas Unified Development Code §8.5. 16. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the Wastewater Trunk System Trust Fund, availability of funds, and the appropriation of funds, the City will reimburse the developer the reasonable actual cost of the Wastewater Extension in an amount not to exceed $4,266,283.53 less the wastewater system lottacreage fees for phase 1 of the master preliminary plat required by this agreement. Reasonable actual costs are attached in Exhibit 5; the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. Page 5 of 8 c. The final 10% of the reimbursement will be held in retention until such time the City accepts dedication of the Wastewater Extension. d. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. e. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 16. INDEMNIFICATION. DEVELOPER/OWNER SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH THE CONSTRUCTION OF THE WASTEWATER EXTENSION. 17. DEVELOPMENT OF LAND. This Agreement is to encourage the development of the land within the boundaries of the London Area Master Wastewater Plan, including initially a section of that portion of Tract II as described in Correction Warranty Deed having DOC#2015011169 containing approximately 118 acres and incorporated herein as EXHIBIT 6 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF INTEREST. Developer agrees, in compliance with the City Ordinance No. 17110', to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 7. 20. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of each of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. Page 6 of 8 22. TRUSTEE LIABILITY. The City is executing this agreement as trustee of the Wastewater Trunk System Trust Fund pursuant to Corpus Christi Texas Unified Development Code §8.5. It constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and it is expressly agreed that any judgment will only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. 23. PAYMENTS CREDITS AND DEFERRED REIMBURSEMENT. All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with Corpus Christi Texas Unified Development Code §8.5. 24. DEDICATION OF WASTEWATER EXTENSION. Upon completion of the construction, dedication of Wastewater Extension will be subject to City inspection and approval. 25. VERIFICATION REGARDING ISRAEL. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel; and (2)will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Developer verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 26. CERTIFICATE OF INTERESTED PARTIES. Developer agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties"with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/eIf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at hftps://www.ethics.state.tx.us/legal/ch46.html. 27. CONFLICT OF INTEREST. Developer agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.comlgovernment/city-secretary/conflict- disclosure/index Page 7 of 8 EXECUTED IN ONE ORIGINAL. this day of , 2018. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Keith Selman City Secretary Assistant City Manager, designee of the City Manager APPROVED AS TO FORM: 2018 Buck Brice, Assistant City Attorney For the City Attorney Develops . Braselto Ho By: BeBraselton ;`*P;P ULTRA V PENA STATE OF TEXAS § °'' f ' zr NOTARY PUBLIC State of Texas '�c.t,•. Comm.Ex 12-02-2419 COUNTY OF J § l This instrument was acknowledged before me on 24- 2018, by Bart Braselton, President, Braselton Custom Homes, a Texas o oration, on behalf of said corporation. t (' Notary Public's Signature Page 8 of 8 EXHIBIT 1 R - TRAM ! Fa ! ti d f A 5 f,f k I�, I. r 1 e ti r F � s t k c i . r Exhibit 2 APPLICATION FOR WASTE WATER REIMBURSEMENT We, Braselton Custom Homes LTD., a Texas Partnership, 5337 Yorktown, Corpus Christi, Texas, 78413, owners and developers of proposed London Towne Unit 1 (see attached land plan), hereby request reimbursement of$4,266,283.53 for the installation of the waste water line in conjunction with said lot, as provided for by City Ordinance N . 17396. $4,266,283.53 is the construction cost, including Engineering and Surveying, as o n by the c upporting documents attached 1.4 herewith. Y/ /� 1 Bart Braselt e r de Dat Braselton tom Hom , LTD. THE STATE O�00 FTEXAS § COUNTY OF § This instrument was acknowledged before me on �Z , 2018, by L —a ` � a � 9r' , of Braselton Custom Homes LTD., a T xas Corporation, on behalf of the said corporation. ULTRA v PENA :f ��YAAY PUBLIC N a Public in and for the State of Texas State of Texas ,,F4F comm.Exp.12.02-2019 CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Sanitary Sewer Trunk System Trust Fund, and (b) Appropriation and approval by the City Council. F: �,.( r z, 2alB Devel meat Services Engineer Date) Exhibit 3 mus c a MEMORANDUM NaFvoP Pk9 zs5a DATE: April 12, 2018 FROM: David Thornburg Development Services Project Manager (361) 826-8451 DESIGN MEMORANDUM UPDATE PURPOSE: The purpose of this is to acknowledge that the design memorandum was prepared prior to the updated Wastewater master plan amendment. DISCUSSION The design memorandum was submitted to Development Services prior to the Wastewater Master Plan Amendment being updated and as such the body of the document has not been altered. The cost estimate and the relative graphic exhibits have been updated to reflect the changes required by the new Wastewater Master plan. All other areas of the design memorandum were not materially affected by the change. K:\DevelopmentSvcs\SPECIAL SERVICES\APPLICATIONS FOR LAND SUBDIVISION\1-Braselton Wastewater Plan and Infrastructure Construction\Legistar\Design Memorandum Memo.doc Exhibit 3 DESIGN MEMORANDUM For: 2 London Area Wastewater Plan Lift Station No. 11 ®�� VS Ghrtst November 3, 2017 of Gor geTvtiGes Revised: November 27, 2017 peveloPmen Revised: December 18, 2017 rzhZiA London Area Wastewater Plan -Proposed Urmd fflet Mom ..... �-- �—�— t3Car r —Fern RUM —Or7MY usid 7+rr�rrrr -.LS 8mled Ilra/ Tbwrw.rr r ra.n.wr w�.+r�eA/rr Fv.Ha Gtm RNrd.rmll FF•/r N""Wre0i1•el di*—•]rAa—N; Lew O/e{ry Rdtl.sl 1lialYewl Iib. l//fkae Orray R"4wYl Y,a�I�raMPA. MM MSM-MMMOM4MMry#FMM. V/111[ MM^— atawn r■rrw r...r..rareaw�r.rr�r.Fr o raaarraMrarrarr/.ara�bla wl/i✓A�N��� {Fw WY ►aaaarrYf�r�irr�bla.•awb�ry YY-�7brM d W/M Fu bYMbwwFaanrw Y�r.ba�r..rw }47 b 6mlry FB- Usk" 4 IS Y1 Grand am �- d a a f I e � nr a e a00501 a,q� 03 X04 Prepared R, Urban EEnginger ng $.i*_ t .MR2725 Swantner D- ve ,MYORK AA4 �,iMiK Corpus Christi Texas 73404 124938 62015 Q: T$PES01 Firm1#145A4 f<��IDIVIILE� �A 0-r tFURBAN ENGINEERING UE Job No.42900.137.00 TABLE OF CONTENTS EXECUTIVE SUMMARY SECTION I INTRODUCTION SECTION II LIFT STATION DESIGN CRITERIA A. SITE SELECTION B. DESIGN FLOW C. WET WELL DESIGN 1. Wet Well Volume 2. Pump Levels 3. Wet Well Detention D. PUMP HEAD CALCULATIONS E. LIFT STATION EMERGENCY PROVISIONS 1. Storage Capacity 2. Discharge Prevention System F. UTILITIES IN PROJECT AREA G. GEOTECHNICAL INVESTIGATION SECTION ill PROPOSED IMPROVEMENTS A. LIFT STATION 1. Pumps and Accessories 2. Wet Well 3. Lift Station Discharge Piping and Valves(above ground) 4. Wet Well Ventilation 5. Flow Meter 6. Odor Control 7. Miscellaneous Site Improvements B. FORCE MAIN 1. Force Main Piping 2. Line Valves C. GRAVITY SANITARY SEWER 1 e 18" Diameter PVC 2. Manholes EXHIBITS AND APPENDECIES Exhibit'A' —Adopted London Area Wastewater Master Plan Exhibit'B'—Basis of Design Exhibit'C'—Project Overview Exhibit'D' —Opinion of Probable Cost Exhibit'E'—Lift Station Exhibits Appendix'A'— London Area Lift Station 16" Force Main Duty Analysis- Flygt Appendix'B'—Geotechnical Report—Rock Engineering and Testing Laboratory, Inc.. Appendix 'C'—Record of Power Outages for London ISD Area Appendix 'D'—Responses to City Comments (sent via email response) London ,Area Wa5zev a,,er Pian UURBAN LIfk Statiar, o y ENGINEERING EXECUTIVE SUMMARY The following is the Executive Summary for the plan submission for the London Area Wastewater Plan Improvements. This project involves the installation of a wastewater duplex lift station, approximately 1,470 linear feet of 18" gravity sanitary sewer and approximately 10,185 linear feet of 16" diameter sanitary sewer force main (See Exhibit 'C' - Project Overview), The London Area Wastewater Plan was adopted by City Council in April 2017 and provides a wastewater service area for an area south of Oso Creek (see Exhibit 'A'). This system will initially serve a proposed development to the west along County Road 33. Ultimately it will serve all of the area within the London Area Wastewater Master Plan. The London Area Wastewater Master Plan, as adopted, calls for two 15-inch gravity sewer lines to deliver the flow from the entire service area to a common manhole, and then to the proposed lift station via a single gravity sewer line_ As the lift station is proposed to be located approximately in the center of the service area, it is assumed that each of the 15-inch gravity lines would carry approximately half of the total flow.. Based on the criteria adopted by the city with the master plan, a 15-inch gravity line does not have sufficient capacity to carry half of the total flow from the service area. Based on that same criteria, an 18-inch gravity line does have sufficient capacity to cavy half of the total flow from the service area. An 18-inch gravity sewer line will provide a 40% greater capacity than the 15-inch line, and will do so at no additional cost to the city. See the Capacity Calculations Exhibit included with Appendix'D'. The proposed project includes 18" diameter gravity sanitary sewer lines to be built at master plan depths to serve the entire London Area Service Area. The proposed gravity sanitary sewer will start at the new lift station and branch out to serve the proposed development to the west of the lift station. A stub-out will be provided from the lift station to the east for future extension to serve developments on the east side of the London Wastewater Service Area, The proposed gravity sanitary is planned to be constructed along city and private property_ Utility easements will be dedicated for all wastewater infrastructure as needed. The material for the gravity sanitary sewer will be PVC (Green, SDR-21). The proposed wastewater lift station is a duplex submersible pump station with an 8' diameter x 30' deep fiberglass wet well_ Lift station is designed such that both the Phase 1 and future Phase 2 pumps will function with no changes, other than replacing pumps and control panel. The proposed Phase 1 pumps are 12 horsepower submersible pumps. Future development in this area will dictate when the future Phase 2, 20 horsepower submersible pumps will need to be installed in the lift station. Design of the proposed lift station will follow criteria established by TCEQ in TAC 30 Chapter 217 and will conform to the City of Corpus Christi standards. London Area Wasiewrater Plan IJRMN geES INo 1 of !MpgENGINEEi31NG EXECUTIVE SUMMARY The proposed lift station will pump into a proposed 16' diameter force main that will be constructed across City property, within the Greenwood Drive right-of-way, and within the Saratoga Boulevard right-of-way, and will discharge into the plant lift station at the Greenwood Wastewater Treatment Plant. Utility easements will be dedicated where needed. Design of the force main will follow criteria established by TCBQ in TAC 30 Chapter 217. A portion of the force main will be installed by directional drill across Oso Creek. The material for the drilled portion of the force main will be Fusible PVC (Green, C-900, DR 18, pressure class 235 psi). The Material for the remainder of the force main line will be PVC (Green, C-900, DR 18., pressure class 235 psi). Pipe embedment and trench backfill will conform to applicable City of Corpus Christi standards, Logdon Afez Wastewater Plan URBAN !.f. S,,at an No t ENGINEERING Page ESr-2 of 2 E I I - II TRODU "IOM A. PURPOSE The objective of this report is to identify, analyze and review design issues relating to this project, develop a work plan and provide recommendations for the new wastewater lift station per the London Area Wastewater Plan. The proposed new sanitary sewer infrastructure includes a gravity sewer system, a lift station, and a force main. To date there has not been any public wastewater systems to serve this area. This system will initially serve a proposed development to the west along County Road 33. Ultimately it will serve all of the area within the London Area Wastewater Master Plan. B. LONDON AREA WASTEWATER PLAN ADOPTED APRIL 2017 The London Area Wastewater Plan was adopted by City Council in April 2017 and provides a wastewater service area for an area south of Oso Creek_ The service area is bounded by Oso Creek on the north. SH 286 on the east, Weber Road on the south, and farmland to the west. See Exhibit A at the back of this report for a map of the Wastewater Plan. Grades for the service area generally drain from south to north (Weber Road to Oso Creek), The Wastewater Plan indicates a lift station to be located on City property near Oso Creek to take advantage of the natural ground slope and help with extending gravity collection system to the service area boundaries. However, the master plan shows gravity sewer coming from the east and west. combining approximately 1,100 feet south of the lift station, and then flowing by gravity sewer north to the It station. This effectively eliminates any advantage gained by moving the lift station to the lower elevation. Therefore, it is proposed that the lift station be located approximately 1,100 feet south of the location depicted on the master plan. This will eliminate 1,100 feet of gravity sewer and replace with force main which is considerably more economical. The force main will be constructed from the new lift station northward through city property, and then adjacent to Greenwood Drive terminating at the lift station at the Greenwood Wastewater Treatment Plant. The Wastewater Plan indicates the force main to be 16" diameter. Branching out from the new lift station to the east and to the west will be gravity sewer lines, as indicated on Exhibit A. The line to the east will be a short stub-out which will be capped for future extension. The line to the west will be installed approximately to west edge of the County Road 33 right-of-way. London Area Wastewater Plan tFURBAN Lift Station No 1 ENGINEERING Page 1 of 10 SECTION I - INTRODUCTION C. SITE DEDICATION The lift station site will be located on city property. The gravity collection system will be located on city and private property. The force main will be located on city property, and within dedicated right-of-way. Utility easements will be dedicated for all wastewater infrastructure as needed. Metes and Bounds descriptions with exhibits will be provided for these locations where necessary. London Area was-evfa'e*Pian UM3AN LA Station No I -NGIN-ERING }?age 2 of 1 SECTION II - LIFT STATION DESIGN CRITERIA ...................................................................................................................... A. SITE SELECTION The new London Area Lift Station No. 1 will be located on the City's property south of the Oso Creek and will be designed such that it can serve the entire service area by gravity (See Exhibit A for approved wastewater plan). Metes and Bounds with exhibit will be developed for the site that the lift station will encompass. The site will be large enough to construct the Phase 1 lift station wet well and allow construction of future wet well to expand the pumping capacity. B. DESIGN FLOW The design flow for the proposed lift station was calculated by determining the land use for the various parcels of land within the lift station service area per the City's London Area Wastewater Plan (see Exhibit A), applying the master plan flow rate per land use type and then totaling the flows. A peaking factor of three was used, based on the Babbitt formula, and 400 gallons/day/acre was added for infiltration. Potential flowrate from the London Independent School District (ISD) property was also added, based on information provided by the school district. Exhibit 8 shows more detailed information of the service area and land use acreage used to develop the design flows. Flow calculations are shown in the table on the following page and recommended design flows for this lift station are as follows: Phase 1 Design Flow: 625 GPM (0.90 MGD) Future Phase 2 Design Flow: 1,220 GPM (1.76 MGD) Future (Ultimate) Design Flow: 3,044 GPM (4.38 MGD) The components of the lift station, except for the pumps and control panel, will be sized to handle the Phase 2 design flow of 1.76 MGD (1,220 GPM). The-lift station will be designed using Flygt(Xylem) submersible centrifugal pumps. The pump motors will be 3-phase, 460V, 60 Hz. Phase 1: NP 3153 LT-3 416 Impellor 12 Hp 669 GPM @ 32.6'TDH Phase 2: NP 3153 LT-3 413 Impellor 20 Hp 1230 GPM @ 41.6'TDH London Area Wastewater Plan tFURBAN Lift Station No 1 ENGINEERING Page 3 of 10 SECTION II - LIFT STATION DESIGN CRITERIA Phase 1 Lift Station Flow Calculations Persons GPD Per Peak Flow Add Total Acreage Land Use Per Acre Person Factor Without 1/1 1/1 Flow (GPM) (GPM) (GPM) 109.06 Low Density Residential(Brown Tract) 14 100 3 319 30 349 60.72 Regional Sports Complex(per HDR) 28 GPM - 3 84 17 101 50.00 Dev Around Sports Complex 30 30 3 94 14 108 81.97 London School-Existing Phase I:Avg.=14 GPM - 3 42 23 65 301.75 539 84 F 623 PH 1 SAY 625 GPM Phase 2 Lift Station Flow Calculations Persons GPD Per Peak Flow Add Total Acreage Land Use Per Acre Person Factor Without 1/1 1/1 Flow {GPM) (GPM) (GPM) 109.06 Low Density Residential(Brown Tract) 14 100 3 319 30 349 4.99 Parks(Brown Tract) 10 20 3 3 2 5 60.72 Regional Sports Complex(per HDR) 28 GPM - 3 84 17 101 50.00 DevAround Sports Complex 30 30 3 94 14 108 81.97 London School-Existing Phase I:Avg.=14 GPM - 3 42 23 65 London School-Future Phase ll:Avg=8 GPM - 3 24 24 135.00 Low Density Residential 14 100 3 394 38 431 15.00 Medium Density Residential 35 100 3 110 5 115 10.00 Commercial 30 30 3 19 3 22 466.74 1089 132 1 1220 PH 2 SAY 1220 GPM Ultimate Lift Station Flow Calculations Persons GPD Per Peak Flow Add Total Acreage Land Use Per Acre Person Factor Without 1/1 1/1 Flow (GPM) (GPM) (GPM) 109.06 Low Density Residential(Brown Tract) 14 100 3 319 30 349 4.99 Parks(Brown Tract) 10 20 3 3 2 5 60.72 Regional Sports Complex(per HDR) 28 GPM - 3 84 17 101 50.00 Dev Around Sports Complex 30 30 3 94 14 108 81.97 London School-Existing Phase I:Avg.=14 GPM 3 42 23 65 London School-Future Phase li:Avg=8 GPM - 3 24 24 632.24 Low Density Residential 14 100 3 1.844 176 2,020 43.23 Medium Density Residential 35 100 3 316 13 329 19.68 Commercial 30 30 3 37 6 43 11001.89 2763 281 30A4 ULTIMATE FLOW=3,050 GPM London Area Wastewater Plan Lift Station No 1 E ENGINErERING I Lift 4 of 10 SECTION II - LIFT STATION DESIGN CRITERIA C. WET WELL DESIGN 1. WET WELL VOLUME The lift station will be designed using the criteria set forth in TCEQ's Chapter 217 of TAC 30. The primary design consideration for lift stations is given to wet well volume. The wet well volume required is calculated using the formula found in TCEQ Ch 217.60, V= (T* Q) 1 (4 "7.48) V= Active volume (cubic feet) Q = Pump capacity (gallons per minute) T = Cycle time(minutes) This formula is used to calculate wet well volumes when the pump capacity is equal to the peak flow. For less than 50 Hp motors a pump cycle time of 6 minutes is required, for 50 to 100 Hp motors a pump cycle time of 10 minutes is required and for greater than 100 Hp motors a pump cycle time of 15 minutes is required_ For future peak flow of 3,044 GPM (4.38 MGD) additional wet well capacity will have to be constructed. A stub-out for an interconnecting pipe between the existing and future wet wells is being provided. The preliminary recommended dimensions for a fiberglass round wet well are: Diameter. 8'-0" Water Depth- 5'-0" (EI. 3.00 to El. (-)2,00) Area_ 50.3 SF Total Volumes 251 CF (1,877 Gallons) 2. PUMP LEVELS Recommended pump levels based on design flow are provided in the following. High Level Alarm On EI. 3.00 Lag Pump On El. 1.60 Lead Pump On El. 0.60 Pumps Off EI. (-) 2.00 Actual levels will likely vary during initial flows and flow changes will occur over time. Flow should be monitored and changes made in the field as necessary. Landon Area Wastewater Plan URBAN Lift Stabor. No ' ENGINEERING page 5 o; 'O SECTION II - LIFT STATION DESIGN CRITERIA 3. WET WELL DETENTION Wet well detention calculations are based on the following previously developed values and the pump curve in the Appendix `A': PHASE 1 Peak Wet Weather Design Flow= 0.90 MGD = 625 GPM One Pump On = 669 GPM Wet Well Surface Area: 50.3 SF Lead Pump On to Pump Off at 2.6' = 978 Gallons Td = Detention Time in the wet well Td = (9781625) + (9781(669-625))= 23.8 min. PHASE 2 Peak Wet Weather Design Flow= 1.76 MGD = 1,220 GPM One Pump On = 1230 GPM Wet Well Surface Area: 50.3 SF Lead Pump On to Pump Off at 5' = 1,881 Gallons Td = Detention Time in the wet well Td = (1,88111,220) + (1,8811(1,230-1,220))=203 min. D. PUMP HEAD CALCULATIONS Pump design is based on the system analysis as presented in Appendix 'A' for one pump running (second pump is backup pump) and with the new 16" dia_ force main. The system curve was developed utilizing hydraulic calculations. E. LIFT STATION EMERGENCY PROVISIONS 1. STORAGE CAPACITY According to TAC 30 Chapter 217, storage capacity must be provided for 20 minutes of peak flow in the event of a power outage (or equal to the longest power outage in the last 60 months), to prevent the release of untreated wastewater. Nueces Electric Cooperative (NEC) provides power for the lift station site. Since this is a new lift station and a new overhead power supply will have to be constructed, there is no historical information for outages to this lift station. However, NEC has provided power outage information for the London ISD area London Area Wastewater Plan Lift Station No 1 ENGl �1�EERlN Page 6 of 10 SECTION II - LIFT STATION DESIGN CRITERIA (see Appendix 'C'). The information provided indicates the longest duration of power outage to the area was over 26-hours during Hurricane Harvey. This duration would result in a storage amount which cannot be contained within the wet well, gravity lines, and manholes. Therefore, a diesel powered back-up generator will be permanently located on site and provided with an automatic transfer switch. The generator will be sized to run one of the two phase 2 lift station pumps for at least 27 hours (one pump is designed to pump the phase 2 peak flow). Generator will be self-starting with the loss of the primary power source. 2. DISCHARGE PREVENTION SYSTEM An audiovisual alarm system consisting of a Supervisory Control and Data Acquisition (SCADA) panel located at the lift station will be provided to communicate station conditions and alarms to the Wastewater Service Center. The alarm system will monitor and provide notification of power outages, pump failures and/or a wet well high water level. F. UTILITIES IN PROJECT AREA There are no known utilities located in or around the proposed lift station site. There is an existing Enterprise gas pipeline which traverses the city landfill property and runs along Greenwood Drive. The proposed force main will cross the existing gas pipeline just south of the Greenwood Drive terminus at the city landfill property. The proposed force main will be located on the east side of the Greenwood Drive pavement and will run parallel to the above mentioned existing gas pipeline, an existing city gas line, and a small diameter sewer force main. G. GEOTECHNICAL INVESTIGATION Geotechnical investigation of the subsurface materials and conditions was performed at the lift station site, along the route of the force main and along the route of the gravity lines and a study prepared by Rock Engineering & Testing Laboratory, Inc. A copy of the boring log and the results of the soil sample analysis are provided as Appendix 'B'. The soils at the lift station are described as firm to stiff, highly plastic, dark grey to brown clay. Ground water was encountered at four of the six bore holes during the drilling operation and read again 24 hours later and water levels are presented in the soils report pages in Appendix 'B'. Well pointing of some sort will likely be required for some of the construction elements London Area Wastewater Plan ELift Station Nc 1 URBAN Page 7 of 1 U SECTION II - LIFT STATION DESIGN CRITERIA The entire geotechnical study will be included with the bidding documents for use by the contractors bidding the project. London Area Wastewater Plarn Lift Station No. 1 ENGINEERING) Page 8 of '10 SECTION III - PROPOSED IMPROVEMENTS A. LIFT STATION 1. Pumps and Accessories The proposed lift station is a duplex lift station, two pumps will be installed, with one pump handling the design flow and the other pump acting as a backup pump. The lift station will initially have 12 Hp Phase 1 pumps. When flows increase and the Phase 1 pumps near capacity future Phase 2 20 Hp pumps can be installed and control panel replaced. 2. Wet Well The proposed wet well will be 8' in diameter, approximately 30' deep, and made of fiberglass. Active volume with 5'-0" operating level is 251.5 CF (1,881 Gallons) The fiberglass wet well would be constructed with concrete bottom and top slab (note that there is also a fiberglass top to the vessel to protect the top from hydrogen sulfide gasses). One access hatch, wide enough to serve both phase 1 and phase 2 submersible pumps, will be provided in the top of the concrete roof to allow access to the pumps. Access hatches will be provided with safety grating for fall protection when the access door is opened. 3. Lift Station Discharge Piping and Valves (above ground) For ease of maintenance, the proposed lift station isolation and check valves will be installed on top of the station above the top slab. All above ground discharge piping will be constructed with ductile iron pipe and fittings An emergency bypass connection will be provided on the downstream discharge header with a tee, plug valve and blind flange to allow connection of a temporary pump should the need ever arise to bypass the lift station wet well or due to pump failures. 4. Wet Well Ventilation The proposed lift station will have passive ventilation per TCEQ Chapter 217 Regulations. The passive ventilation will consist of one 8' pipe vent with a stainless steel bird screen over the end_ 1.76 MGD = 2,72 CFS x 60 Min/Sec = 163 CFM Each Area Required- 163 CFM/500 FPM = 0.33 SF Min, USE ONE 8" DIA VENT (0.349 SF) 5. Flow Meter The proposed lift station will include a flow meter to measure flow through the discharge piping. The flow meter will be installed in a fiberglass manhole adjacent to the lift station wet well downstream of the above ground discharge piping. London Area Wastewater Pian tFL=ft Sra+.io-) No 1 ENGI'V�EERING Page 9 p' 10 SECTION III - PROPOSED IMPROVEMENTS 6. Odor Control Since the proposed lift station is brand new and peak flows are minimal, there will be no odor control systems installed at the lift station site. Space is being provided on the site, though, for a future bio-filter type odor control unit, should the need arise. 7. Miscellaneous Site Improvements • The lift station will be accessible from County Road 33 with construction of a new 12' wide access road from the existing country road to the lift station site. Proposed access road is outside of the boundary of the existing and proposed FEMA 100 year storm event. • For security, the proposed lift station site will have a 6' tall chain link fence with three strands of barbed wire. Access to the new lift station will be through a lockable 3' wide personnel gate and a lockable 12' wide main gate to allow for vehicular entry. • Control panels and wet well access hatches will also be lockable to limit access. • A security light will be provided with dusk till dawn photo cell. B. FORCE MAIN 1. Force Main Piping The proposed 16" diameter sanitary sewer force main will be constructed of PVC (green, C-900, DR 25, pressure class 165 psi). The proposed force main will be installed with a minimum of 2'-6" of ground cover. 2. Line Valves Line valves for isolation of the force main will be installed at maximum 2,000' intervals. C. GRAVITY SANITARY SEWER 1. 18" Diameter PVC All proposed PVC gravity lines will be installed at master plan depths. 2. Manholes Manholes for this project will be spaced at a maximum of 500' apart per TCEQ Chapter 217 requirements. Manhole wall thickness and construction will conform to City of Corpus Standard Details and Specifications. London Area Wastewater Pian IVRBAN Lift Station Na 1 ENGINEEfiING Page 1 cf 10 EXHIBITS Exhibit 'A' —Adopted London Area Wastewater Master Plan Exhibit 'B' — Basis of Design Exhibit 'C' — Project Overview Exhibit 'D'—Opinion of Probable Cost Exhibit'E' —Lift Station Exhibits Lo13on Area Wastew a-,er P1,3r URBAN Lift No 1 ENGINEERING I R I !2 Cb �} fi 0 TL r ! �■ � i kI ~ ■ ± � ■� / k E� k§ �• a !9 2■ k�§ k� � ■( �� { K )�� kkt C3 LL � CL` b� � 0. 1 (! ' C5 \ � ik � k `� v■! ■I ■ O � 2 d�� f . � . . . � � . 2 f ■ . I � � $ 0 CL O � C : c ° � F . 2 � C%l e 17 @ — o k � o � � � ■ � % � ■ � 2 « — � � § � . - � � ■ I § 2 ) c � » 2 § � 0 § ) 2 § m § � t � a = Q LL o o u ■ a a. , J | [EXHIBIT S/iaL'Usma MR= I - L ON NOU VIS kill m�ao NVId H3lVM3:SVM Y3dV NOONO' UNItl33NON3 . lVOIS3fl A0 S SH8 f �. I � ■ L rr. ( ¢ f < ail -r . - Lei V MA I CV CL J � 00 r w a �.- 3.w ^z �o asiU w g 0 _ vii rs M � m - — Li ap z ► : z m rz� wLD � J r o sQ CL cn ■w I CL \ Q' W �i � +■rrrf,�+� � ,p��� � ■ D: ■ ++++rr in U1 ■ _ + wW a+ N / L^U?? d �L5 w....au C3 C1 L.vi LLJU w ao - ^ I am ..; * I . o00 �+ 3 a i M �- ■ u) r rn '...- ■ Lo r Q , LJ o Jt I NVQ J- �x Q. oon C oz 4 ■ BOO -,- • 0.Ftp O Q r - --------- i - ■ � . d z ; J0 a ■amu. U U ■ ar■■ ■Y ♦rr rrif` <Z 4 40 Y v z aa ♦�� rn ♦ (jr)z z LLI z C,n ••♦♦+++ O< q�� ++♦+ + LJ 1335— Q LLJ ra ■ U5 v +♦f■r■rrr■■++a■■■ate■■■a■■■..a■■R!■■■■ar..■■..■ I Wrr EXHIBIT 'B' N EXISTING GREENWQOD c� Ta9 WASTEWATER TREATMENT PLANT / zkip 0 750 1500 3000 GRAPHIC SCALE , LEGEND PROPOSER SANITARY SEWER FUTURE SANITARY SEWED! / FM — PROPOSED FORCE MAIN 16' PVC FORCE MAIN PROPERTY LINE TO EXISTING MANHOLE -7� OSO / fie f I ffl 1 I f 1 BROWN f e LIFT STATION `1 TRACT f 24" GRAVITY LINE nA+ � I f 11 I f L l f 21' GRAVITY LINE 'Br Ag Ur L w 18 GRAVITY LINErAn �, r C.R. 43 (WEBER ROAD) EXHIBIT C N EXHIBIT OF PROPOSED URBAN LONDON AREA MASTER PLAN WASTEWATER rr ENGINEERING C INFRASTRUCTURE 3 m Note. This exhibit was revised per city request on March 27, TWE M No. 145h TOPLS FFN M IMU400 2018 to reflect a change in size of gravity sanitarysewer 2M SWM1W Ort COPS CNresn,1X 7NN lines. The sizes shown on this revised exhibit are congruent PHONE 36LB54.3KR WWWMANENC.COM m with the sizes shown on the citys revised London master 5' sanitary sewer plan which was presented to planning JOB Na 42MU7.00 commission on 3/21/201B. S\Pro rtl7\+29mw\+2900IEIWIO+sr�\rny hrw Drum\EobJ%\.,Ata 0 P+ ,tte Amtmtn Lcraute\12 NRR Lrcrt4 0n1r,wn_2i stat Ic SPale_5 m cemer_IE 10 Ero.n o- J Aowd.g mW*d tT mOitc o+3/21/7016 9135E w Eng Michael C.York,P,E. OPINION OF PROBABLE COST March 26 2018 for Job No 42900 B7 00 LONDON AREA MASTER PLAN URBAN ENGINEERING REIMBURSABLE TBPE Finn No 145 SANITARY SEWER IMPROVEMENTS ITEM _ DESCRIPTIO_N QUAN. DUAN. UNIT UNIT TOTAL. +5% PRICE COST NEW LIFT STATION 1 Mobilization Bonds Insurance 1 1 LS S18 000 00 $18 000 00 2 Lift Station No 1 1 1 LS $425 000 00 $425 000 00 3 Lift Station No 1 Access Road 2 924 3.070 SY $5000 $153,50000 NEC Cost Estimate To Provide 480 v13 Ph 4 Overhead Power LS Site 1 1 LS $100000,00 $100,00000 5 Emergency Generator wl Foundat on 1 1 LS $110000.00 $110,00000 LIFT STATION CONSTRUCTION SUB-TOTAL: $806,500.00 Contingencies @ 15% $120,975.00 LIFT STATION CONSTRUCTION TOTAL: $927,475.00 EASEMENT COSTS: TBD (� ENGINEERING,SURVEYING,STAKING,&TESTING @ 12°x: $112,000.00 SWPPP ITEMS: $7,500.00 LIFT STATION GRAND TOTAL: $1,046,975.00 NEW 16"FORCE MAIN TO GREENWOOD WWTP 1 Mobilization,Bonds Insurance 1 1 LS $38000,00 $38.00000 2 16"0900 PVC Force Main(Green Pipe) 8,896 9 341 LF $75.00 $700.57500 3 16"D 1 90 Degree Bends(MJ) 3 3 EA $2,150.00 $6,45000 4 16"D 1 45 Degree Bends(MJ) 5 5 EA S2150.00 $10,75000 5 16"01 22112 Degree Bends(MJ) 3 3 EA 52,150.00 $6,45000 6 16"D 1 11 114 Degree Bends (MJ) 3 3 EA $2,150.00 $6.45000 7 15"Plug Valve and Valve Box(MJ) 5 5 EA $7,800.00 $39,00000 B Air!Vacuum Valve Installations 3 3 EA $12,250.00 $36,75000 9 Well Pointing-Force Main 2,000 2,100 LF $50.00 $105,00000 10 Asphalt Pavement Repair(Existing) 120 126 5Y $50.00 $6,30000 1i. Concrete Pavement Repair(Exist Driveways) 300 315 SF $10.00 $3,15000 12 Directional Bore Oso Creek-16"Fusible PVC 1,384 1 453 LF $400.00 $581,20000 13 Construct Horizontal Directional Drill Pads 2 2 EA $30,000.00 $60 000 00 14 Tie to Wastewater Treatment Plant 1 1 LS $25000.00 $25 000 00 I 15 Traffic Control 1 1 L5 $7500.00 $7,50000 16 Marker Signs 20 20 EA $150.00 $3 000 00 17 OSHA Trench Protection-Force Main 8,896 9,341 LF $1.50 $14,01150 _ FORCE MAIN CONSTRUCTION SUB-TOTAL: $1,649,586.50 Contingencies @ 15% $247,437.98 FORCE MAIN CONSTRUCTION TOTAL: $1,897,024.48 EASEMENT COSTS: TBD ENGINEERING,SURVEYING,STAKING,&TESTING @ 12%: $230,000.00 SWPPP ITEMS: $20,000.00 FORCE MAIN GRAND TOTAL: $2,147,024.48 MICHAE�.,C..YORK �� 2� -� 124938 . f fr;P',*'41 ENS •������ X YONALE G r S lProgects"2000upW29005B700\Contract AdministratroMEsUrnatingTinal Cast Estimate_18 to Brown around Agape_21 stub to Sparts_24 t 1 DF 2 Eng:Michael C.York,P E OPINION OF PROBABLE:COST March 26,2018 for Job No 42900.137.00 URBAN ENGINEERING LONDON AREA MASTER PLAN REIMBURSABLE TBPE Firm No, 145 SANITARY SEWER IMPROVEMENTS ITEM° _ DESCRIPTION QUAN. QUAN. UNIT UNIT TOTAL +5% PRICE COST LINEA'Gravity Sewer West or Lift Station to CR 33): 1 Mobilization Bonds,Insurance 1 1 LS $16 000 00 $16,00000 2 24"PVC SDR 21 28'-30'Cul 36 38 LF S46000 $17,480 00 3 18"PVC SDR 21 28'-30'Cul 1,351 1,419 LF $38500 $546,315 60- 4 Embedment 1,387 1,456 LF $750 $10,92000 5 OSHA Trench Protection 1,387 1,456 LF $8.50 $12,37600 6 Well Pointing 1,387 1,456 LF $50.00 $72,80000 7 5'Diameter Manhole(28-30'Deep) 5 5 EA $14750.00 $73,75000 LINEA'CONSTRUCTION SUB-TOTAL: $749,641.00 _ I Contingencies @ 150 $112,446.15 LINEA'CONSTRUCTION TOTAL: $862,087.15 EASEMENT COSTS: TBD ENGINEERING,SURVEYING,STAKING,&TESTING @ 12%: $105,000.00 _ SWPPP ITEMS: $10,500.00 I r LINE'A'GRAND TOTAL: $977,587.15 LINE'B'Gravity Sewer(stub out to East of Lift Station) l — 1 Mobilization Bonds,Insurance 1 1 LS $10 000 00 $10,00000 2 21"PVC SDR 21 (28'-30'Cul) 120 126 LF $41500 $52,29000 3 Embedment 120 126 LF $750 $94500 4 OSHA Trench Protection 120 126 LF $850 $1,07100 5 Well Pointing 120 126 LF $5000 $6,30000 LINE'S'CONSTRUCTION SUB-TOTAL: $70,606.00 _ Contingencies @ 15% $10,590.90 LINE'B'CONSTRUCTION TOTAL: $81,196.90 EASEMENT COSTS: TBD ENGINEERING,SURVEYING,STAKING,&TESTING @ 12%: $10,000.00 SWPPP ITEMS: $3,500.00 LINE'B'GRAND TOTAL_: $94,696.90 PROJECT COST SUMMARY i 1 New Lift Station _ �_- -� ._ $1,046,975.00 2 New Force Main to Greenwood WWTP _ _ $2,147,024.48 3 LINE'A'Gravity Sawer_(West of Lift Station to CR 33 f $977,587.15 4 LINE'B'Gravity Sewer(stub out to East of Lift Station) I $94,696.90 ESTIMATE OF TOTAL PROBABLE PROJECT COST $4,266,283.53 Note 1 This cost estimate was revised per city request on March 26 2018 to reflect a change in size of gravity sanitary sewer Imes The sizes shown on this revised estimate are congruent with the sizes shown on the city's revised London master sanitary sewer plan which was presented to planning commision on 3121/2018 p0r. { MICHAEL CYRK � .. 0, .o f 249 ;, Q 38 .1: 1 ! f�44 .... 11k �NG 5 tPrejetls%42000upW2900187ad'.Frntrad AdministrabentEstimatrgWinal Cost Estimate-18 to Brown around Agape 21 stub to Sports 24 to LS 2 of 2 aV+.-i..a�gHa+MrM1c�Vw aw W..�wY.r�•}Ma 9FW1 i.la.N rfw.. i�ur�/1m �rnw 1 11 �fl 1 � 1 1 , ,1 rib �a a 1 c R , _ lie � 1 f 10° g ��N UFT STATON SITE PLAN m..u. ate. � 01 ENGINEERING ► LOND M MEA MIAE=PLMI vM:n.e ir'r n�nuue .sr - WAEIEWATM 1E'AAEFFKIM$ o�A mus PAIL =M7 - •Vwr•�.NIAwMiM�rlYr�VM MN VrwYr....Loim•UI li.o ri i4.M�.-iiMRliT 1 M H y 1� r -�� ----------- I 1 i --------------- I i ��- 1 1 � 5 �•. 1 1 k� 1 r !------- I `` 11 1 1 �C R 1 1 \ 1 Hd •ir M rm } i I I� I Y ( • \ 11 rl �^ 4 I i �•�Q4p � � � ur • .■ IS ISS m LIFT STATON SITE DMENSM a. UROM ELM ENGINE LONM ATEA YARM PLAN �o i:rte'+iia` o�n 1R Icr WAMVAIM ff WTAC111iE Com Q*"T1.iC11A9 otic ac iai7 fN.nn.IYC•Ni+M�.w�Mw'Jr•M/V�wH•ti..�•d�u. .o.y�.�1.rte..�}M/1�11•�.�.• h � s -- � j •Mai ���p�� j9E --- 4 gill, 114�� �r s:= p ' c '� cti�� � tla �`� ■ 8 :3 �rp A a ■yl r Q _ Et AX a 51 ■ � � � � � ��: � � a �■ � � ed � 68 i iis jL'1 i t11+ NV rn It a i/ij�t iE E� �rl� �! ■, �i�{t 4N BAN LFT STATION SECTION & DETAILS ENGINEERING "^■"�'��� `,tet Bp lOFDOy AWA LAApTFA R1W ■tvai.. .i Hamra ■cr lm : .�..'a�. WAWMWATM AASTMUTUM carom mmm tcrw A•1L Drr-M7 \Vnnvt���Vlw/J1odwy�ys�i��Yi..MY+r�ri{w K.�tin ti^{��r rl�i����n Ii�inwl f w a W 1_ r g b r IIPWEM L%LMN w wi x r � I .£3 fed r � � a 4 A i A 8P S a � ip7 f LIFT STATION ACCESS ROAD ENGINEERING �la�•�� �w ... �. 8 LOH7pH AFEA WAM RAN ius rypelllf OCOI@ KT WAR"AMM IFRAo7RWNE pr451l.TEU3 wrc otc mir APPENDIX Appendix 'A'—London Area Lift Station 16` Force Main Duty Analysis - Flygt Appendix'B' —Geotechnical Report—Rock Engineering and Testing Laboratory, Inc_ Appendix 'C' — Record of Power Outages for London ISD Area Appendix 'D'—Responses to City Comments (sent via email response) London Area Wastewater Plan JtFURBAN Lfft Station No t ENGINEERING Joh No.42900 8 I.-jo jawtedM.22.17 :by, SOW London Area Lift Station PRINTED 28' Static Head 16" Force Main DATE: TIME- Revision Notes _tftVO.00Oddk3In PIPC Okilmnskm Beglmr ing Loratton-New lift station approldmatety 5047 to the north of the CR 33 and FM 43 intersection Pipe Diane Pipe Diem Area Wetted on the east side of CR 33 (iflCt7e3) (loath (ft"2) Perim. 8 0.67 03491 20944 Ending Location-Discharge Into existing manhole on 18 1.33 1390 4,1888 soud%vest comer of Saratoga and Greenwood Onvation Daft a Location Elevation Top of discharge pipe at lift station 3400 Mn water surface In LS wet wall 8.00 Difference = 2800 It Static Head - 28,00 ft Ellam Lengths 8'Pipe Equ valent Equivalent 16'Pipe Equiv Equiv Description Quantity Length(LF) Length(LF) Description Quardiby Length(LF) Length(LF) e•90 Degree Bend 20 21 42 16.45 Degree Bend 200 20 - 400 e•45 Degree Send 20 10 = 20 16•Plug Valva 2 Q 46 = 92 8'Tea(Branch Flow) 1 45 x 45 16"Discharge 1 00 = 80 6'Tee(Line Flow) 1 15 15 8'Plug Valve 1 ® 23 = 23 8'Check Valve 1 ® 54 54 6"xlB Increaser 1 at 14 = 14 Equivalent length for fittings,valves etc = 213 LF Equivalent length for fillings.valves etc. = 572 LF Length of 8'Pipe = 48 LF Length of 16'Pipe - 8900 LF Total Equivalent Length of 8'Pipe - 259 LF Total Equivalent Length of 16"Pipe - 9472 LF C9lwleted System Curve HL " Q 185 L 1 716•A'C'((AJP)"0.63) ] X � 7 HL a Head Loss(ft) O■Flow(efs) A a Area(sf) C CoefT arrt of Fricinn P-Wetted Perimeior(ft) L-Equivalent Length of Pipe(R) £q.Length Eq Length 259 9472 3"PVC Pipe 16"PVC Pipe Flow Flow Flow C-140 C-148 Static { ag Ildayl GPM (ds) Headless(Iq Headloss(ft) Head(fit TM(11) Pressure(esti 72000 50 0.11 0.02 0,02 28 00 2804 12.2 144000 100 0 22 0 06 0.07 28.00 2813 12.2 288000 200 045 0.21 0.26 26 W 2848 12,3 432000 300 0 67 045 058 28.00 2901 126 576000 400 0 89 076 095 28.00 2971 12 9 720000 500 1 11 115 144 28 00 30.59 13 3 864000 800 1.34 161 2.02 28.00 31.63 137 0 a 1.39 1.74 2.18 . 4. sal 1008000 700 1 55 214 269 78,00 32.83 14. 1152000 800 178 274 344 28,00 34 16 14.8 1296000 900 2,01 341 4.28 2800 35,69 15.5 1444000 1000 2 23 414 5.20 2800 37 34 18.2 1564000 1100 245 4,94 820 28.00 3914 170 1728000 1200 2-67 5-81 7.28 28.00 41.09 17 8 1800000 12W 2.79 626 7.85 26.DO 42.11 13.3 lPhase 2 Des n Flow 1872000 1300 2.90 673 8.44 28.00 4318 187 2016000 1400 312 772 9.69 2900 4541 197 2180000 1500 3.34 8 77 1100 2800 4778 207 2304000 1600 3-58 9.88 12,40 2800 50.28 218 2448000 1700 379 11.06 13.87 28.00 52.93 229 2542000 1800 4.01 1229 15.42 2800 5571 241 2736000 1900 4.23 1358 1704 26.00 5862 254 2880000 2000 4.46 1494 1874 2800 6167 267 3240000 2250 5-01 18,57 23.30 26.00 89B7 30.3 3600000 2500 5 57 2257 2831 2000, 78.88 342 3980000 2750 613 28,92 33.77 2000. 88.69 384 4320000 31300 888 3182 39.67 28,00 9929 43.0 4680000 3250 7.24 3667 46.00 2800 11067 48.0 5040000 3500 780 42.08 52.78 28.00 122.82 53.2 WRelWFS07Z*tsPrpi.els,A2000upu2QWB70MO"VWFJ,nW 0&&Vn'"Statim Llvagn M@=,Appwax,2sn stxw IOINCH FM Headh ss Cw @ 0 32.17 is APPENDIX 'A' xylem NP 3153 LT 3- 416 Duty Analysis Ift] Head low head-- 49 46 47.1SYSTEM 46 45.. CURVE 44 431 42 41 40 39 38 37 36 35 PUMP 34 32-1 El CURVE 31 30 29a 28 27 26 25 24 23 22 72 7a., 21 — — .-- -----21.2 ft 20 19 699 GPM18 @ 17_ 32.6' TDH 16 15 14 13 12 11 10 9 B 71 16 187mn 6 43 PHASE 1 b-'_ 21 SELECTED PUMP z� �` 1 — 1438 US g.p.rn 0 200 400 600 800 1000 1200 1400 1600 1800 2000 2200 [US g.p m] A"PureCOW SO c,r�.5s _ Individual pump Total Pumps runnln2 Specific fsyatam Flow Hud Shalt power Flow Hud Shaft power Pump off anergy NPSHre arhaed 7a40U51A7 MR 'C7rp 1446US1p7 2128 lr"tv 7Z1% IOSW^VSMG 2IL72 1 WUS191.7 3zea �.4h1 61 51a.7 326R x4hc 53.2'4 217WMSMG 3"81 Project !A IQ 4 CM&W by I Creatad on LM; Lnadar LB rf Patrick lsalaraioa 312412017 =4=117 APPENDIX 'A' xylem NP 3153 LT 3- 413 >�. T Duty Analysis ;fojHead low head 6" SYSTEM 641 CURVE 62 60y 58, 54 y 25048 52- 50- 48: 46- 42- 642 PUMP 40 CURVE 36 Eff. 34 796 32- 30- 29.6 ft 2B- 26 24 zz 1 230 GPM @ 20 41 .6' TDH 1V ,6 14_ 12-x+ g 10 8 13 217rirrt 6A PHASE 2 41 SELECTED PUMP 1793 US g.p.m 0 400 800 1200 1600 2000 2400 [LIS 9 p.m] talc►wa cavo ISO Cove=i'c� t Individual pump Total Pumps running S eeifle ISystem Flow Head Shaft power Flow Head Shaft power Pump off. enirgy NPSHre iowhw 1790LSg.p.m 25.5! 77.2hp 179BUSpprr. 29.68 17,2hp 78'4 135WAVUSMG 28.B6 1' L,rj�g.p.m 4.5St 'rr�hp 1230USgpm 41.6!! 1ri9hp 7HB 193W^USMG 29.21! PYOjoCt i Ptujod to I cisrted by ;cmWed an Last update Loadaa LS Pik Pahci" SI24=17 W4=17 APPENDIX 'A' SUBSURFACE INVESTIGATION, LABORATORY TESTING PROGRAM, AND GEOTECHNICAL RECOMMENDATIONS FOR THE PROPOSED LONDON AREA WASTEWATER IMPROVEMENTS — UE JOB NO. 42900.13700 OSO CREEK-- FROM GREENWOOD DRIVE TO CHAPMAN RANCH ROAD CORPUS CHRISTI, TEXAS RETL JOB NUMBER: G117309 PREPARED FOR: URBAN ENGINEERING 2725 SWANTNER DRIVE CORPUS CHRISTI, TEXAS 78404 AUGUST 10, 2017 PREPARED BY: ROCK ENGINEERING AND TESTING LABORATORY, INC. 6817 LEOPARD STREET CORPUS CHRISTI, TEXAS 78409 PHONE: (361) 883.4555; FAX: (361) 883-4711 TEXAS PROFESSIONAL ENGINEERING FIRM NO. 2101 r��gst� s * � ; MARK C. ROCK �11ii1 : ....71395.... . 1 t 888 t •.. ��fi�'��'c►�����o.\��� Brian J. Geiger, P.E. Mark C. Rock, P.E. Geotechnical Engineer Vice President of Operations Cell: 906 370 5196 Cell: 361 438 8755 • *� 04, F I APPENDIX 'S' August 10,2017 PROPOSED LONDON AREA WASTEWATER IMPROVEMENTS Urban Engineering Oso Creek-From Greenwood Dr. to Chapman Ranch Rd.; Corpus Christi,Texas Attn: Mr, Mark Maroney, P.E. RETL Job No.: G117309 Soil Profile Table: Borina B-1 D Description LL PI C -#200 K, Kp 0-22 Fat CLAY 60-69 39-45 1,900 0 120 86-98 0.49 2.04 22-31 Fat/Lean CLAY - - 1,100 0 120 77 0.49 2.04 31-50 Fat/Lean CLAY - --- 1,900 0 60 55-85 0.49 2.04 50-58 Silty SAND - --- 0 31 55 13 0.32 3.12 58-60 Fat CLAY --- - 1,500 0 60 - 0.49 2.04 Soil Profile Table; Borinq B-2 D Description LL PI C y, -#200 K. Kp 0-24 Fat CLAY 71-74 50-53 700 0 115 67-83 0.53 1.89 24-37 Fat/Lean CLAY - --- 1,400 0 60 - 0.49 2.04 37-47 Fat/Lean CLAY - --- 800 0 55 62 0.53 1.89 47-60 Fat CLAY - --- 2,300 0 60 100 0.46 2.16 Soil Profile Table;-Boring B-3 D Description LL PI C 0 Y. 4200 K. Kp 0-28 Fat CLAY 60-61 39 1,600 0 120 83-88 0.49 2.04 28-34 Silty SAND --- - 0 34 55 55 0.28 3.54 34-35 Lean CLAY - --- 2,500 0 60 --- 0.46 2.16 Soil Profile Table; Boring B-4 D Description LL PI C y. 4200 K. Kp 0-16 Fat CLAY 51-70 34-51 1,500 0 120 83 0.49 2.04 16-25 Fat CLAY - - 2,200 0 60 - 0.46 2.16 Soil Profile Table; Boring B-5 D Description LL PI C Y. 4200 Ka Kp 0-12 Fat CLAY 55-67 37-48 2,300 0 120 86 0.46 2.16 12-25 Fat/Lean CLAY - --- 3,000 0 60 84 0.46 2.16 5 of 10 JAPPENDIVU1, August 10, 2017 PROPOSED LONDON AREA WASTEWATER IMPROVEMENTS Urban Engineering Oso Creek—From Greenwood Dr to Chapman Ranch Rd.; Corpus Christi,Texas Attn Mr Mark Maroney, P-E. RETL Job No.. G117309 Soil Profile Table; Borin B-6 D Description LL PI C o y. 4200 K. K, 0-20 Fat CLAY 57-59 39-40 3,100 0 120 88-92 0.46 2.16 Where: D=Depth in feet below existing grade LL= Liquid limit(%) PI = Plasticity index C=Soil Cohesion, psf(undrained) �=Angle of Internal Friction, deg. (undrained) y.= Effective soil unit weight: pcf 4200= Percent passing the Minus#200 Sieve(%) Ke=Active Earth Pressure Coefficient Kp= Passive Earth Pressure Coefficient The trench protection should be designed to provide the most conservative design given the design parameters provided in the tables above. It should be noted that the values for the design of braced excavations provided in the tables above are based on the soil strengths and soil densities encountered in the field and generally accepted empirical formulas correlating undrained shear strengths to drained shear strengths and the corresponding angle of internal friction for clay soils. The active and passive earth pressure coefficients were calculated using the drained angle of internal friction as recommended in "FOUNDATION ANALYSIS AND DESIGN", written by Mr. Joseph Bowles where he states, "Drained soil parameters for stiff clays and O-C soils in general may be appropriate for lateral pressures behind braced walls where the excavation is open for a considerable length of time." Groundwater Observations Groundwater (GW) observations and the depths the borings caved are provided in the following table: GROUNDWATER OBSERVATIONS BORING NO. DURING UPON COMPLETION 24-FLOUR DELAYED DRILLING READING B-1 31' Dry and Caved at 27' Dry and Caved at 27' B-2 24' GW at 8' and Caved at 12 GW at T and Caved at 15' B-3 30' GW at 16 and Caved at 24' GW at 8'and Caved at 10' 134 Dry Dry and Open GW at 10'and Caved at 16 B-5 Dry Dry and Open GW at 12'and Caved at 13 B-6 Dry Dry and Caved at 16' Dry and Caved at 16' 6 of 10 JAPPENDIA 'S' G�� l� • GEOTECHNICAL ENGINEERING �O •CONSTRUCTION MATERIALS ENGINEERING&TESTING •SOILS ' ASPHALT•CONCRETE BORING LOCATION PLAN CHI Google Earth August 10, 2017 PROPOSED LONDON AREA WASTEWATER IMPROVEMENTS Urban Engineering Oso Creek—From Greenwood Dr. to Chapman Ranch Rd.; Corpus Christi. Texas Attn Mr. Mark Maroney P E. RETL Job No.: G117309 RocK ENGiNEmiNa&TE;SnNG LABCRAToRy. INc. www.rocktesting.com 6817 LEOPARD STREET•CORPUS CHRISTI.TExA5 78409.1703 10856 VANDALE ST.Sui ANTONIo TExAs 78216-3625 Omce.(361) 883-4555•FAx:(361)883-4711 OF E (210)495-M•FAX' (210)495-8015 No.1 RolMDwLLE LANE- RouND ROCK,TExAs 78664 APPENDIX V OFFICE:(612)2844MM - FAx (512)2847764 LOG OF BORING B-1 SHEET 1 of 1 + CLIENT: Urban Engineering `�,Eta� rc8r Rack Engineering and Testing Laboratory,Inc. PROJECT: London Area Wastewater Improvements 6817 leopard 5t. Corpus Christi,Texas 78409 LOCATION: Greenwood Dr_; Corpus Christi_TX +eo Telephone: 361-883-4555 NUMBER: G117309 4+jo Fax 361-883-4711 A` DATES DRILLED: 6017-612117 FIELD DATA LABORATORY DATA DRILLING METHOD(S): ATTERBERG Holum Stern Auger IMITS W GROUNDWATER INFORMATION: Z b � Groundwater was encountered e<a depth of 31-acct during doling LU ~ ? y Dry and Caved at 274eet upon completion. co r g Z L 8 24-Hour Delayed Readings Dry and Caved sy 27-reet. W:3 �O�/r11 d U U u1 t N 1'17 U3 > > N V~! Z y W 0 N Z CL IL _jo 0o° y a a 05 'z rz u z u SURFACE ELEVATION: NIA r°n o ran z b a 2 LL PL PI o ° c°° 'Ea- ° DESCRIPTION OF STRATUM S5 N=6 18 FAT CLAY,moist, dark gra firm. 141417 5-1 — Y 5 S-2 P=4.5+ 21 66 23 43 a6 Same as above,gray and brown,with calcareous nodules very SH stiff.(CH) S-3 P=4.25 18 105 2.3 Same as above, brown. SH P=2.75 23 60 21 39 89 FAT CLAY.moist, brown,very stiff. (CH) 10 s-4 SH S-5 P=2.5 28 Same as above, brown and greenish gray. SH P=3.25 26 69 24 45 96 0.8 98 Same as above,greenish gray,firm, slickensided. (CH) 15 S-6 20 S� P=3.25 26 99 1.6 FAT-CLAY, moist,greenish gray, stiff, slickensided. SHP=1 25 19 Same as above. brown firm- 25 SH ;P=1 75 18 77 SANDY LEAN CLAY.moist, brown, stiff. 30 S-9 35 s10 I P=40 24 FAT CLAY, moist, brown and greenish gray very stiff SS NN=10 21 Same as above stiff. 40 S-11 SH P=225 22 104 1.2 a5 LAN CLAY.most brown. stiff. A5 S-12 3 ss 7-1 . : 50 S-13 Same as above,sandy.very stiffru , UY Q 55 ss N=16 23 13 SILTY SAND, moist, brown medium. ca- SSN=12 30 FAT CLAY. moist. brown and greenish gray,stiff. 60 5 Boring was terminated at a depth of 60-feet. Z N-STANDARD PENETRATION TEST RESISTANCE REMARKS: P-POCKET PENETROMETER RESISTANCE $01fq 'and location ms were de6ened by urban Engineering Drilling operations Q OC-STATIC CONE PENETROMETER RESISTANCE �nq Location Pipeliwere pedwrned by ne CatGPS o Directional nates N 27'42 27.33"W 97 Z7 4� APPENDIDI X 'S' LOG OF BORING B-2 SHEET 1 of 1 a CLIENT: Urban Engineering Rodt Engineering and Testing Laboratory, Inc PROJECT. London Area Wastewater Improvements Carp LeopardLOCATION- Greenwood Dr.; Ca us Christi, TX Corpus Christi,,T Texas 78409 rp �e q Telephone 361-883-4555 NUMBER: G117309 tf Fax 361-883-4711 A` DATE(S) DRILLED: 6/19117-6119117 FIELD DATA LABORATORY DATA DRILLING METHOD(S): ATTERB RG Holow Stern Auger � LIMITS GROUNDWATER INFORMATION: Lu uj z a � Groundwater(GW)was encountered at a depth of 24-feet during drilling. t- ave W ~ z GW at 84eet and Cd at 124aat upon completion. r 0 W tz t 0 � � � � � � $ 24-Hour oelayed Readings GW at 34eet and Caved at 15-feet m 7 �O U U ? y w 2 O v7 lif Q H H N 9 UW) S >-Cn J LU 7 W N W 4F V1 Z o w a ¢ m o°° o _j a g > o o M, o = SURFACE ELEVATION: NIA rn o w rn z a a LL PL PI o a 0 � DESCRIPTION OF STRATUM SS N=5 22 FAT CLAY.moist, dark gray, firm. S-1 $ 5-4 P=1,25 28 71 21 50 96 14 83 Same as above stiff.(CH) SH S-33 P=0.5 25 Same as above, gray,soft. SH P=1.25 29 91 14 FAT CLAY,moist, gray,stiff. 10 S-4 SH 5.5 P=0.25 29 Same as above,very soft. SS N=WOH 32 74 21 53 67 Same as above.sandy,very soft (CH) 15 S-6 SS N=7 24 FAT CLAY, moist, dark brown, firm. 20 S-7 SH P=2.75 26 Same as above, very stiff. 25 S-8 -- ------------------------ SH P=2.0 22 SILTY LEAN CLAY, moist, brown, stiff. 30 S-9 SH P=3 25 25 96 07 FAT CLAY, most, brown,firm, slickensided. 35 5-10 SH 40 P=0.75 22 SILTY LEAN CLAY.moist, brown, firm. 5-11 s5 N=9 29 62 Same as above,stiff,with sand layer from approximately 42-feet ^ � 45 S-12 ————— — —— — — �— to 44'/ feet. S ------------------------. =r ._,._ _ 50 S-13 P=4.25 31 100 FAT CLAY,mo st, brown, very stiff, ruY 55 S 14 P=4 5+ 27 se 2 2 Same as above greenish gray. ^ Ss N=12 1 23 60 Same as above, stiff. 5 15 Boring was terminated at a depth of 60-feet. J Z N -STANDARD PENETRATION TEST RESISTANCE REMARKS: P-POCKET PENETROMETER RESISTANCE Boring depth and location were determined by urban Engineering.Drilling operations a were perbmmd by RETL at GPS Coordinetm N 27'47 23.10"W 97'2T 54 30" S Qc-STATIC CONE PENETROMETER RESISTANCE Baring Location Pipeline Directional aril APPENDIX 'B' LOG OF BORING B-3 SHEET 1 of 1 a CLIENT. Urban Engineering Rock Engineering and testing Laboratory Inc. PROJECT: London Area Wastewater Improvements 6817 Leopard Corpus risti Texas 78409 LOCATION. Greenwood Dr.; Corpus Christi, TX 'ao Telephone: 361-883-4555 NUMBER: G117309 4•�To Fax 361-883-4711 9y DATES DRILLED: 6119117-6119117 FIELD DATA LABORATORY DATA DRILLING METHOD(S): ATTERS RG Holaw Stem Auger LIMITS i aT GROUNDWATER INFORMATION: zn ju> Groundwater(GW)was encounhwed al a depth d 304eet dunnp dnLnq Uj W z F ? rn GW at 164cat and Caved at 244eet upon wmpietion. C3p j $ 24-Hour Cloyed Readings GW at 64eet and Caved at 10-feel m C ha° " =i ti W till �n U5 le aa- L 2 N N 2 (n H Q ° 1 a SDjZ-Z ' UC m rr 0 v] z a m o ° S2 Z a a z SURFACE ELEVATION: NIA vol a vai rdn z a a LL PL PI o a v (n ° DESCRIPTION OF STRATUM $$ N=9 24 FAT CLAY. moist, dark gray.stiff S-1 SH P=1.25 26 Same as above. 5 S-2 SH S-3 P=2.25 11 23 60 21 39 95 1.1 83 Same as above, brown.with sand, stiff. (CH) SH P=2.75 24 FAT CLAY, moist, brown,very stiff. 10 S-4 SH S•5 P=2.75 26 61 22 39 97 1.18a Same as above, stiff, slickensided.(CH) SH P=3.75 26 Some as above.very stiff. 15 5.6 SH P=1.75 30 FAT CLAY. moist, brown, stiff. 20 S-7 SH P=3.5 27 94 1.4 Same as above,very stiff,slickensided. 25 S-8 30 5 s N=24 24 55 SILTY SAND.moist, brown,with clay layer,medium s s N=20 27 SANDY LEAN CLAY moist, brown,very stiff 35 Boring was terminated at a depth of 35-feet. r` a 0 C7 a' z z a N -STANDARD PENETRATION TEST RESISTANCE REMARKS: m P-POCKET PENETROMETER RESISTANCE � aria location were determined by s Uroan Ergirteerinp t]ritGny openadons �3 Qc-STATIC CONE PENETROMETER RESISTANCE Borinwere g ococatm rried�P RETLo d un stat"��N Zr 47 03 so•w Sr 28'aa 30I J APPENDIX 'S' LOG OF BORING B-4 SHEET 1 of 1 a CLIENT: Urban Engineering Rock Engineenng and Testing Laboratory In--. PROJECT- London Area Wastewater Improvements eopard St. Carpus Christi,Texas 78405 LOCATION: Greenwood Dr_; Corpus Chrfsti, TX �e 4 Telephone. 361-883-4555 NUMBER.: G117309 tru Fax: 361-883.4711 R` DATE(S) DRILLED: 6/20/17-6/20/17 FIELD DATA LABORATORY DATA DRILLING METHOD(S)- ATTERBERG Holow Stem Auger IMT " LuGROUNDWATER INFORMATION' � o Groundwater(GW)was not encountered during drilling. w z � rn Dry and Open upon C-*kban. i7 U 2444our Defayed Readings.GW at 1 o-feet and Caved at 16-feet. m i �00. w Jo `� mU yzr ry >to i� J Lu H U) wb Lu (7M Z -i 1L °o ° y ° a a ¢ z a SURFACE ELEVATION: NIA ra o U) ran z a u 2 LL PL PI o a v m ° DESCRIPTION OF STRATUM 55 5-1 N=4 23 70 19 51 83 FAT CLAY with SAND,moist,dark gray, soft (CH) SH gray,P=1.75 29 Same as above, stiff. 5 S-2 9 ye SH S-3 P=2.0 22 Same as above,brown. 5H P=1.75 22 51 17 34 98 10 83 FAT CLAY with SAND. moist, brown,stiff. (CH) 10 S4 SH P=2.75 26 96 15 Same as above stiff. S-5 SH P=3.75 25 Same as above, very stiff. 15 S-6 SH P=2.75 36 FAT CLAY, moist. brown,very stiff 20 S-7 SH P=3 0 29 Same as above. 25 S-8 Boring was terminated at a depth of 25-Feet a a c� rr a z N-STANDARD PENETRATION TEST RESISTANCE REMARKS: aoring depth and location were detemrned by Urban Engirberirg.Qriling operations o P-POCKET PENETROMETER RESISTANCE were perfomrod by REM at GPS Coordinates N 27,47 64 50"W 97"28'19.50" 8 Qc-STATIC CONE PENETROMETER RESISTANCE ung Lomtn Amy Road 33 Right-d-Way J APPENDIX 'B' LOG OF BORING B-5 SHEET 1 of 1 CLIENT: Urban Engineering Rock Engineering and Testing Laboratory,Inc. PROJECT: London Area Wastewater Improvements 6817 Leopard St. Corpus Christi,Texas 76409 LOCATION: Greenwood Dr.; Carpus Christi, TX +a a Telephone: 361-8834555 NUMBER: G117309 fro Fax 361-883-4711 9` DATES DRILLED: 6119117-6119117 FIELD DATA LABORATORY DATA DRILLING METHOD(S): ATTERB RG Holow Stem Auger IMITS W GROUNDWATER INFORMATION: z o Groundwater(GM was not axounterad during drilling. w z h y Dry and Open upon mmPletian. tz tz j GW at rr $ 24-Hour Delayed Readings:Gat 1244 and Caved at 13-feet. O Q Q V U U F Q N O n! m Z Hzz vJ W D h y lil y x K x J J D 'a g g o Q ¢ Z m vZ, IL EL m o y o a } ¢ z z SURFACE ELEVATION: NIA r°n a r(n r¢n z d r o 20 LL PL PI o °a U U) ° DESCRIPTION OF STRATUM ss S--11 N=6 21 FAT CLAY, moist,dark gray,firm. 5 S 2 P=4.5+ 19 67 19 48 1134 8.4 86 Same as above, hard. (CH) SH S-3 P=4.0 20 102 4.7 Same as above,brown. SH 10 S11 P=2.5 zt FAT CLAY, moist, brown,very stiff. S-5 P=3.25 ir 23 55 18 37 84 Same as above,with sand. (CH) SH P=3,75 21 Same as above. 15 5-6 20 sH P=4.5+ 23 FAT CLAY.moist,brown,very stiff. 25 s e P=3 5 18 LEAN CLAY,moist. brown, very stiff. Boring was terminated at a depth of 25-feet. n a 0 rJ u i3 a ca 0 z N -STANDARD PENETRATION TEST RESISTANCE REMARKS' P-POCKET PENETROMETER RESISTANCE Bonng depth and location were detamined by urban Engineering grilling operations o were performed by RETL at GPS Coordinates N 27'41'52 Sir W 97'28'1Z31r. Qc-STATIC CONE PENETROMETER RESISTANCE Boring Locatm Prosed Gravity Sewer Pipeline � opAPPENDIX 'B' LOG OF BORING B-6 SKEET I of 1 CLIENT: Urban Engineering Rock Engineering and Testing Laboratory,Inc. PROJECT: London Area Wastewater Improvements + ,y 6817 Leopard St. i� ' •:' Corpus Christi,Texas 78409 LOCATION: Greenwood Dr.; Corpus Christi, TX ,e°',r p361-883-47 555 FaxNUMBER: G117309 DATES DRILLED: 6/20117-6120/17 FIELD DATA LABORATORY DATA DRILLING METHOD(S)- ATTERB RG Holow Stem Auger LIMITS tGROUNDWATER INFORMATION. W z a Groundwater was not encountered dung driling. Ir i ~ ? Dry and Caved at 16-feet upon completion. W JO tz tz tz 0 � � t' � W � 24-Hour Delayed Readings:Dry and Caved at 164eet es a z (n �iraci�00 W J (] U F a r _ � N S W J C} Z z Q tUj] c Z0 t4 in z J a. ' m o°° a CL r a z z SURFACE ELEVATION. NIA ren a eQn (n z a a M LL PL PI o ° e°.1 12) ° 2 DESCRIPTION OF STRATUM S-� N=12 20 FAT CLAY. moist, dark gray stiff. 5 HJP= P=4.5+ 15 Same as above gray and brown. very stiff. S-3P=4,5+ 19 57 18 39 105 6.6 as Same as above, hard. (CH) SHP=4.25 21 101 3.3 FAT CLAY, moist gray and brown very stiff. 10 54 SH S-5P=4.25 19 Same as above. 15 SHP=4.25 22 59 19 40 92 Same as above (CH) S 4.25 26 FAT CLAY. moist,gray and brown,very stiff. 20 Boring was terminated at a depth of 20-feet. a 0 J ru (Y1 b C7 V 2 d N -STANDARD PENETRATION TEST RESISTANCE REMARKS: M P- POCKET PENETROMETER RESISTANCE Boring depth and location were detemned by Urban Engineering.Drillingoperatwns O were perfamvd by RETL at GPS Coordinates N 27'41'52.90"W 9r 27'29 10' Qc-STATIC CONE PENETROMETER RESISTANCE Boring Location Proposed Gravity sewer pipeline APPENDIX 'B' 0 0 Nueces Etectdc Gaoperative YourTouchstone Energy'Cooperative Alt November 21, 2017 race MtCt:�n Chief Egwrtn+e Office,- z�a;4 ofn'—t- .LL To Whom it may concern, f3-Tai,.Menking i r:-. . P.. The data displayed below is a Iist of outages we have on record for London ISD, «hick is in the vicinity of the proposed lift station. Duration OutageRedD TimeOflnterru tion TimeRestored Outa edphase CustomersAffected 267 2013-05-27-0367 5/27/2013 3.11 PM 5/27/2013 738 PM ABC 32 172 2013-11-22-0163 11/22/2013 9:54 AM 11/22/2013 12:46 PM ABC 68 216 2013-11-22-0163 11/22/2013 12:56 PM 11/22/2013 4.32 PM ABC 68 145 2014.07-22-0532 7/22/2014 4:00 AM 7/22/2014 6:25 AM ABC 71 104 2014-10-21-0188 10/21/2014 10.14 AM 10/21/2014 21:58 AM ABC 1 470 2015-04-22-1013 4/22/2015 1:29 PM 4/22/2015 919 PM ABC 121 124 2015-11.07-0047 11/7/2015 12:26 PM 11/7/2015 230 PM ABC 352 1493 2016.03.19-0415 3/19/201612-23 AM 3/20/2016 116 AM ABC 153 99 2016.05-09-0119 5/9/2016 12:46 PM 5/9/2016 2:25 PM A 3 1412017-01-28-0865 1/28/2017 813 AM 1/28/2017 10:45 AM ABC 143 252017-01-31-0947 1/31/2017 1018 AM 1/31/2017 10:43 AM ABC 142 6 2017.02-20-0432 2/20/2017 451 AM 2/20/2017 457 AM ABC 153 1578 2017.08.25.0523 8/25/2017 4:16 PM 8/26/2017 634 PM ABC 183 Please note that the duration is measured in minutes. The mo lengthy outages were due to major storms. Thank you, Nueces Ele ie Authorized gent Jason Ramirez Lim APPENDIX 'C' Michael York From: Michael York Sent: Monday, November 27, 2017 3:58 PM To: 'David Thornburg' Cc: Gabriel Hinojosa;Annika Gunning;William J Green (BiIIG@cctexas.com); Larry J. Urban Subject: RE:London area design Memorandum comments. Attachments: Design Memorandum - London Wastewater Infrastructure_20171127.pdf;Capacity Calculation Exhibit 20171127.pdf David, Please find attached a revised design memorandum for your review and approval.our responses to the city's comments are below in red.There is an additional attachment that accompanies one of the comment responses. Please let me know if you have any questions, or require additional information. FYI, Larry Urban will be hand delivering a hard copy of the revised design memorandum to Keith Selman this afternoon. Best Regards, Michael C. York. P.E. URBAN ENGINEERING From: David Thornburg [mailto:DavidTh@cctexas.com] Sent:Tuesday, November 14, 2017 8:36 AM To: Michael York<MichaelY@urbaneng.com> Cc:Gabriel Hinojosa<GabrielH@cctexas.com>;Annika Gunning<AnnikaG@cctexas.com>; Bill Green <BiIIG@cctexas.com> Subject: London area design Memorandum comments. Michael the following are the comments on the information in the design memorandum that was submitted November 3r'. • Section II Flow calculations are based on approximately 4 homes per acre per the city's master plan the preliminary subdivision plan shows a density quite a bit higher than that closer to 6 units per acre. This subdivision will set the tone for the area development, is the design for 4 units per acre realistic? The preliminary layouts for the proposed subdivision result in a density that is close to that assumed on the master plan.The proposed subdivision will be located on a tract of approximately 120 acres.The master plan projected that the service area would include approximately 750 acres of residential development. It is assumed that the average density for the overall 750 acres of residential development will be in line with the assumptions on the master plan.Therefore,the design is based on the criteria set forth in the master plan. • Section II emergency storage is based on the outages in the area for the last 60 months not necessarily at the lift station. Please provide the outage history for I APPENDIX 'D' that area for the last 60 months you may use the London school complex. Identify how much of this was from the hurricane. Outage history has been provided by Nueces Electric Cooperative(NEC)for the London ISD area. Based on the information provided,it was determined that adequate storage could not be provided.Therefore,the design has been revised to show a back-up generator for phase 1. ■ Storage capacity, The majority of the storage volume shown on page 7/10 48,762 gal. is in the line to the east serving the sports complex. As this is not scheduled to be constructed it is not realistic to use it for the majority of the storage unless there are plans to construct this line in the near future. Update the storage capacity calculations based on what is currently proposed for construction. See response to above comment.Storage capacity is no longer relevant as design now includes a back-up generator to be installed with phase 1. • The master plan calls for a 15" gravity line please provide capacity calculations to justify the increase to 18". Increasing this to 18" will require a master plan amendment. In order to facilitate the masterplan amendment the utility department needs to agree and approve the capacity calculations for the upsizing of the line. Based on criteria set forth in the master plan,the peak design flow for the service area to the lift station will be 3,044 GPM.The lift station is located approximately in the center of the service area.Assuming the two proposed gravity collection lines will split the flow evenly,each line will carry 1,522 GPM.The capacity for a 15- inch gravity collection line laid at minimum allowable slopes is 1,160 GPM.This is less than the anticipated peak flow.The capacity for an 18-inch gravity collection line laid at minimum allowable slopes is 1,633 GPM. Therefore, it is necessary to use an 18-inch line in lieu of a 15-inch. (see attached capacity calculation exhibit) • How will AEP be serving the lift station? Will there be easement requirements and will there be costs associated with the extension of service to the site? The lift station will be served by Nueces Electric Cooperative(NEC), not AEP.Our team coordinated with NEC regarding electric service to the proposed lift station. Electric service will be routed from Weber, North along County Road 33,and then East within the proposed Access and Utility Easement from County Road 33 to the lift station site. Michael these are the comments that we have received from the Utility department and an internal review. Please address these comments so I can respond to Utilities. DT David Thornburg Project Manager Development Services 2406 Leopard street Corpus Christi,Texas 78408 Email,, .vir:q .erect x;7c 4^, Phone:(361)826-8451 APPENDIX 'D' London Area Lift Station No. 1 Capacity Calculations Exhibit Total Peak Design Flow Per Master Plan Criteria: 3,044 GPM MANNING'S EQUATION FOR GRAVITY LINE CAPACITY: Q = Kz R /3S1�z A n f Where: K=1.486(constant) R=A/WP(Area/Wetted Perimeter) W P=2rtr CAPACITY OF 15-INCH PVC(SDR-21) CAPACITY OF 18-INCH PVC(SDR-21) DIA(in.): 15.00 DIA(in.). 18.00 AREA(S.F.): 1.23 AREA(S.F.)- 1.77 SLOPE(%): 0.16 SLOPE (%): 0.12 MANNING 'n': 0.013 MANNING 'n': 0.013 DE51GN CAPACITY(cfs): 2.58 DESIGN CAPACITY(cfs): 3.64 DESIGN CAPACITY(Wny. x7.60 DESIGN CAPACITY(gprrq: im REQUIRED CAPACITY(gpm): 1522 REQUIRED CAPACITY(gpm): 1522 **15-INCH LONE NOT SUFFICIENT** **18-INCH UNE SUFFICIENT** Notes: 1. Criteria for values used in the above calculations was obtained from the Adopted London Area Wastewater Master Plan(see Exhibit'A'of this Memorandun), and from the Adopted Allison Service Area Wastewater Master plan (see remainder of Appendix'D'. 2. In accordance with common practice for this area, it is assumed the proposed gravity wastewater lines will be installed at the minimum allowable slopes. 3. Lift station is proposed approximately in center of service area.Therefore, it is assumed each of the two proposed gravity collection lines will carry approximately half of the total peak flow. APPENDIX 'D' Wastewater Collection System Design 20 feet. Selection of locations for lift stations and force mains were dictated by topography while avoiding parallel gravity lines and force mains wherever possible_ 3.3 Summary of Sanitary Sewer Collection System Design The sanitary sewers included in this master plan were designed on the basis of information contained in the proceeding paragraphs of this section. A brief description of this information and assumptions, which were used as a basis for the design, are outlined below: I. Ground elevations were obtained from Lidar-produced topographic maps furnished by the City of Corpus Christi. 2. Area served by a sewer assumed to be fully developed. 3. Peak domestic flow= M x Average Domestic Flow where M =5 /P11$; where P= population in thousands of contributing sub-basin. 4. Infiltration =400 gal/acre/day. 5. Design Flow= Peak Domestic Flow+ Infiltration. 6. Upper end of small lateral to have a minimum depth of 5 feet. 7. Minimum size of pipe for trunk mains = 10 inches. 8. Minimum design velocity=2 ft/s. 9. Capacity of pipes based on Manning's formula: V= 1.486/n x R,.3 x S 112 . 10. Roughness Factor: n=0.013. 3.3.1 Pipe Size Based on the minimum velocity of 2 ft/s, Tables 3-3 below was generated using Manning's formula. It illustrates the minimum and maximum slopes and pipe capacities for several sizes of pipe. APPENDIX 'D' City of Corpus Christi 3-5 LTA] Wastewater Collection System Master Plan- Allison Service Area Wastewater Collection System Design Min Max Di„_ S°,6 Min Q(efs) Clmd S%Max Q d 8 0.4 0.764 0.494 8.4 2.263 10 0.29 1.179 0.762 6.23 3.533 12 1 0.22 1.671 1.080 4.88 5.085 15 0.16 2.583 1.669 3.62 7.941 18 0.12 3.638 2.351 2.83 11.417 21 0.1 5.009 3.237 2.3 15.526 24 0,08 6.396 4.134 1.93 20.305 27 0.06 7.583 1 4.901 1.62 25.468 30 0.055 9.616 6.215 1.43 31.690 33 0.05 11.822 7.641 1.26 38.355 36 0.045 14.144 9.141 1 1.12 45.605 39 1 0.04 16.508 10.669 1 1.011 53.613 Table 3-3.Minimum and Maximum Pipe Moves and Capacities 3.3.2 Anticipated Wastewater Flows Based on the parameters and assumptions outlined in this section, anticipated wastewater flows were calculated for all sub-basins in the service area. Appendix A illustrates the Quantity of Wastewater Flow for each land use based on area and population. Using the charts in Appendix A, Appendix B was developed to illustrate the anticipated wastewater flows in each wastewater basin, and furthermore, in each sub-basin. 3.4 Lift Station Analysis Lift Station analysis was performed by anticipating all upstream wastewater contributions and comparing this result with the existing capacity for each station. Proposed lift stations in the system should be designed to handle the anticipated wastewater flows. There are thirteen existing lift stations and seven proposed lift stations in the Allison Service Area_ Each lift station is tabulated in Appendix C. APPENDIX 'D' City of Corpus Christi 3-6 Wastewater Collection System HIR Master Plan- Allison Service Area Exhibit 4 EXISTING GREENWOOD d 4?4'kA WASTEWATER TREATMENT PLANT ' B(la 0 750 1500 3G❑r GRAPHIC SCALE , 1'-1500' LEGEND Al ss 55 E PROPOSED SANITARY SEWER 41 FUTURE SANITARY SEWER / FM cru PROPOSED FORCE MAIN 16" PVC FORCE MAIN —— PROPERTY LINE TO EXISTING MANHOLE OSO CRUX e tv t t t BROWN y � LIFT STATION I TRACT 24' GRAVITY UNE 'A' I , 21' GRAVITY UNE 'B' L JS 18' GRAVITY LINE 'A' 114 z ed C.R. 43 (WEBER ROAD) EXHIBIT OF PROPOSED URBAN LONDON AREA MASTER PLAN Cr WASTEWATER Cr ENGINEERING INFRASTRUCTURE 7 rn Note- This exhibit was revised per city request on March 27, ,p IWE FRU N= 145.TBPLS nWNO.100 z400 2018 to reflect a change in size of gravity sanatory sewer 3 2715 SWANTNM OFA CWUS 511.1x 78401 lines. The sizes shown an this revised exhibit are congruent lb i4fOHE 35104.311 AWWA RANENGCau wiih the sizes shown on the city's revised London master sanitary sewer plan which was presented to planning JOB NO 429Oa.B7.M commission on 3/21/2018. 5 °•o:ct�:i7oi'r.1=K7:\ ..::,e.�.:r,'•.•.: ... ..:-. .r,;:� r... .a..ae,. a,..a.._ ,st�a_i's:.:L H:a_S 1c;-'2 iu I%. r �4_ t-j q .r...c,'/1t Y[.;a}L Exhibit 5 Eng Nlichae C Yo P E OPINION OF PROBABLE COST March 26,2018 for Job No 42900 B7 00 LONDON AREA MASTER PIAN URBAN ENGINEERING REIMBURSABLE TBPF Firm No 145 SANITARY SEWER IMPROVEMENTS ITEM DESCRIPTION QUAN, QUAN- UNIT UNIT TOTAL +5% PRICE COST NEW LIFT STATION 1 Mobtlizafon Bonds Insurance 1 1 '_S S18 000 OO $18 000 00 2 Lift Station No 1 1 1 LS $425 000 00 $425 GOO 00 3 Lift Station No 1 Access Road as 3010 SY $5000 $153,50000 NEC Cost Estimate To Provide 480 v/3 Ph 4 Overhead Power LS Site t 1 IS 5100.000 00 $100,00000 5 Emergency Generator w Foundat on 1 1 LS $110.00000 5110:000 00 LIFT STATION CONSTRUCTION SUB-TOTAL: $806,500.00 Contingencies @ 16% $120,976.00 LIFT STATION CONSTRUCTION TOTAL: $927,476.00 EASEMENT COSTS' TBD ENGINEERING,SURVEYING,STAKING,&TESTING @ 12%: $112,000.00 SWPPP ITEMS: $7,500.00 LIFT STATION GRAND TOTAL: $1,046,975.00 NEW 16'•FORCE MAIN TO GREENWOOD WWTP 1 Mobi,rzation:Bonds Insurance 1 1 LS 538 000 00 $38.00000 2 16"C900 PVC Force Maur-.Green Pipe; 6 896 "341 LF $7500 $700.57500 3 16'D 1 90 Degree Bends(MJ) 3 3 EA S2 150 00 $6,45000 4 16"D 1 45 Degree Bends WJ) 5 5 EA $2 150 00 $10 750 00 5 16 D 1 22 112 Degree Bends(MJ) 3 3 EA $215000 $6 450 00 6 16"D 1 11 114 Degree Bends (MJ) 3 3 EA S2 150 00 $645000 7 16' Plug Valve and Valve Box(MJ) 5 5 EA $7 800 00 $3900000 g Air Vacuum Valve Installations 3 3 EA $12 250 00 $3675000 9 We'l Pointing-Force Main 2 000 2 100 LF $5000 $105.000 00 10 Asphalt Pavement Repair(Existing) 12C 126 SY $5000 $6,30000 11. Concrete Pavement Repair(Exist.Driveways) 300 315 SF $1000 $3,15000 12 Directional Bore Oso Creek-16"Fusible PVC 1,384 1 453 LF 5400 00 5581,200 00 13 Construct Horizontal Directional Drill Pads 2 2 EA $30 000 00 $60,00000 14. Tie to Wastewater Treatment Plant 1 1 LS $25 000 00 $25,00000 15 Traffic Control 1 1 L5 S7 500 00 $7,50000 15 Marker Signs 20 20 EA $15000 $3,00000 17. OSHA Trench Protection•Force Main 8,896 9,341 LF $150 $14 011 50 FORCE MAIN CONSTRUCTION SUB-TOTAL: $1,649,586.50 Contingencies @ 15% $247,437.98 FORCE MAIN CONSTRUCTION TOTAL: $1,897,024.48 EASEMENT COSTS: TBD ENGINEERING,SURVEYING,STAKING,&TESTING @ 126: $230,000.00 SWPPP ITEMS: $20,000.00 FORCE MAIN GRAND TOTAL: $2,147,024.48 .......:tri ,...................... .i MICHAI.C;YRK O 124 ,...�.Z_:/2 S PrL%ft-1s 42000up 429MB700.Ccntract Administranon.Estimarng'F,na!Cost Est mate 18 to Brown around-gape 21 stub to Sports_24 to LS t �• Exhibit 5 t iy t.s :':aa.[ Y.,k P E OPINION(JF PROBABLF COST f',larch 26,c0'R or Jab No 42900 15700 LONDON AREA MASTER PLAN URBAN ENGINEERING REIMBURSABLE TBP_Firrr No 145 SANITARY SEWER IMPROVEMENTS ITEM DESCRIPTION QUAN. QUAN. UNIT UNIT TOTAL +5% PRICE COST LINEA'Gravity Sewer(West of Lift Station to CR 33) 1 Mob za'on Bonds Ins.uance i LS S15 00000 51600000 2 24 PV!;SDR 21 (28'-30'Cut 35 39 LF 5460 0: S17 430 00 3 1a PVC SDR 21 (2B'-3C Cut 1 351 1 419 LF S3850-3 $54631500 4 Embed—e-it 1 3a- 1456 LF $750 $10 920 CEJ 5 OSHA Tren=h Protezt on 1387 1 456 LF $950 512 376 00 6 Well Point rig 1,337 1 456 LF $5000 S72 87t)00 7 5 Diameter Mannole(28-30 Deep 5 5 EA $14 750 00 $73 750 00 LINE'A'CONSTRUCTION SUBTOTAL $749,641.00 Contingencies @ 15% 51112,446.15 LINE'A'CONSTRUCTIONTOTAL: $862,087.15 EASEMENT COSTS: TBD ENGINEERING.SURVEYING,STAKING..&TESTING @ 12%; $105,000.00 SWPPP ITEMS: 510,500.00 LINEA'GRAND TOTAL: S97T,587.15 LINE'B'Gravity Sewer(stub out to East of Lift Station) 1 Mogi'zation Bonds Insurance 1 1 LS S10 00000 Si0 000 00 2 21'PVC SDR 21 1128'-30 Cuts 120 126 LF $41500 $5229000 3 Embedment 120 126 LF ST 50 $94500 4 OSHA Tre ch Protection 120 126 LF S850 $1 071 00 5 We I Point ng 120 126 LF $50 00 $5 300 00 LINE'B'CONSTRUCTION SUB-TOTAL: 570,606.00 Contingencies @ 15% S101590.90 LINE'S'CONSTRUCTION TOTAL: S81,196.90 EASEMENT COSTS: TBD ENGINEERING,SURVEYING,STAKING,&TESTING @ 12%- $10,000-00 SWPPP ITEMS: 53,500.40 LINE'B'GRAND TOTAL- 594,696.90 PROJECT COST SUMMARY Ne.% Lift Sta£.on $1,046,975 00 2 Ne:v Force fila n to Greenwood V'!VlTP $2,147,024.48 3 LINEA G•a r ty Sewer Wiest or Lift Stators to CR 33 $977,587.15 4 t INE B G,avty Serve-isiub ou=.to Eas;of Lift Staton $94,696.90 ESTIMATE OF TOTAL PROBABLE PROJECT COST 54,266,283.53 N:to 1 Th s ccs•est-7a�a:res re,i5ed par airy regsest or:F.!a-c^28 20'B;o rzf�e-t a change rr s ze of g-a r ty sa'i tary sehe'Ines The s'zes si,ov."or ;h s re sed estn=a'e 3'e ccng'uer t W&the 5!ZeS si-o'rrr an L'ee ots reused La~don mast?:sand ar sa:rer o�an rrt:rah eras nreserted to p!a-n n comris.on on 3.2t 20'B or MICFfAI;I ...YORK. 124938 :4z; �ti�F�;���EMSE�G�Q►`�� Doc#2015011169 GF# -240 6f Stewart T1tle CORRECTION WARRANTY DEED EFFEGn VE DATE: October 28,2414 GRANTOR SSEILA14 LONDON,a single pecsoa GRANTEES: (1) BILL J BROWN,as his separate property(1131 (2) REACz4N TRAVIS BROWN,as his separate pmperty(113`d) (3) ALYSSA ANN BROWN McCOY,as her separate property(113") GRANTEE'S MAMING ADDRESS: P.O.Bax 8229 Corgus Christi,Taxan 78468 CONSIDERATION Ten Dollars and other valuable enasidersdaa. PROPERTY: The fallowing drseabad Land: TractE That 89.868 acre tract iu Nucm County,Texas as described an EXEBTr"A"herr attached and made apart hereoE Tvwt II: That 118.126 acre tract in Nueces Catmty,Tatar as described on MW3B T"A"herein dtmhed and made a partba wE Together with and including alt of the Grantor's dgbr,title a=d ktarea is and to the rigbts earl appmtea mm in any way belonging or qWmtenant to said Land,including,wiflmut limitation: n may bmj=vemeo on said.Ind; Cu)st* mad gm s if+myr ad.1ar��ar contiguous to the Lttod; CQ nay laud lying in or under the bed of any steel,alley,road,creek or stream rmmin$ Through,abutiiag err adj acrnt to Ilse Land;Crv)any ripa ian lights appurtenant to the Lend relating to surface or subnu:flce waters;and(v)casements,rights of ingress and egrtas and nevet:aonaty mte rsts benefitting or saving the Lead(the Land and other appmt mma rigbts being rcfeaed to herein as the`Tropert3o. RESERVATIONS FROM AM EXCEPTIONS TO CONVEYANCE AND WARRANTY: This coaveyau=is s=b=to the followi=g matters to the:exe=c that sucb mea p reser ly in foree and effect and affect the Property. (1) Those PetmiuM Exceptions set forth in EXHIBIT.S"; EX"18!Y to Ttt1Q Data. Inc. ST T0135968 HU 2015011169.001 meteorological rower fees,substation and/or apem&w and makaemmee bntU ft fees,crop or grassland damase payments,penalties assmod by any gavetnmtaW try for rcmnval of any ofthe Land from any gov=menW progam,ad indcinoity paymeats of any phY I geS to the Land;(iv)this reservation shall not apply m any dectacityg by wind)?owQ� the Land and Property for domestic or either non-cammereW uses on the and Property;(v) the royalty bereiu reserved is a nw-participatins and non-exeraaive ro and it sball not be necessary for the Cantor c r Grawnes assigns to join m the exe�cutian of wired power lease which may be granted or created by Grmtccs, their kens,representatives and assigns covedog the Land,or any part thereof;and all cce adve rights for any wind power case are conveyed to the Grantees,their heirs,repassemativts aid assigns,including the right to p=to the lessee the right to pool or tmitize the Land aad.Property with other Iaads; and td) the Grantor and Grants assigns shall not have any rigbt of ingress or egress oa the Im d wit$regard to this reservation for mypurpose. This royalty mserved as to wind sights shall be only for do life ofGzzata , and shall terninm on the death of Grantor GRANT OF PROPERTY: Grantor, for the Consideration and sahject to the ReservatioasF and Exceptions to Conveyance and Warranty, GRANTS, SEE t C, and CONVEYS to the Property, together with all and singalar the risks and appurtenances thereto in any y belonging,to have and to bold unto Grantees and Grantees' heirs, representatives and asst ftarevcr. Grantor binds Grantor and GTmAc s heirs, excamars, administrators, and to wan= and forever defend all and singalar the Property m Grantees and Cusntecs' repres�ives end son assrps against every perwhomsoever lawfully rtniminp or to claim same or any part therm,and except as to tine Reservations From and Exceptions m C zry and Waaaaty. When the context requires,singular nouns and pmmms Made the plural. CORRECTION This Conon Waaanty Deed is made in correction ection o£and in su bf that Waa�ty Deed dated October 28,2014 Pimm Grantar m Cusatces recorded atNo.2014041948 of the Of cid Records of Nieces Coumty,Texas(the"Original Dpurpose of this Correction Warranty Dad is to correctly set forth by metes and bmI description of Tracts I and 11 as set forth in EXIIIDIT"A"of this Caasction WaOther dura the stated correction ofthe legal deserknian,this Catsection Warranty Dto restate in all respects the Original Deed,and the effective date of this CoaoDty Deed relaxes back to the effective date ofthe Original Dead. (Signet=Pastas Follow) 3 Titre Data, Inc. ST TDI35968 tU 2015011169.003 SigDd=Page for C.onmetion WammLy Deed GHiVINU ShcdahL a&n Gna lc=BM 3.Brown Reagea T av Brawn Alyssa Ann Brown McCoy GRANTEE: Biz!L Bw;vn i. STATE OF TEXAS § r COUNTY OF § This hminza=was aelawMo ed befte me on the c 4 day 2015,by BILL L BROWN. Public, S Sit1a Data, Inc. ST 20I35968 HU 2015011169.005 S%mzt c Fagc far C=r=oon W=amy peed Grsator. Shealab Loadon Gxe bm-RML Brown Reagan Travis Brown Alyssa AnnBrawn McCoy GRANTEE. Myi4Aim BrMQwn ft- PUBLIa SLMM SM41 STATE OF UTA 1! § § MUM COUNTYOF SAGK zT A , § 4 This fimuummu Was aclmawleW before me on the 23r4dmr o 1'I Gi CG, 2015,byALY35A ANN BROWN McCOY. NowyF6Tic,Stdeff urA N nar�anrsWaomor�zse� 7 Titlo Data, Xnc. ST %M135968 HU 2015011169.007 STATE OF TEXAS COUNTY OF N13ECES TRACT 11 Field Now of a 118.126 acre tract of land being out ora 145.5 acre nxct of land as 'bed in a deed retarded in Volwne 1351,page 1 S7,Deed Reeards Nuetes County,Texas Said 119.126 acre tract also being nut of dhc 1.&G.N.R.R Survey No.135 and 139,and Tratt–D",I—rein F 'Er'ec'ts,as shown on a map recorded in Volame 3,Page 15,Map Rewrds Nueces County,Taxan.Said 118.126 acres being moss particularly described as follows~ BEGINNING at a 518"iron rod set in dm west right ofway ifCounry Riad 33,for the northeast comer ofthe20.0 acre tract,as described in a deed recorded in DoeumentNo.2001027456, ed Records of Nueces County,Texas,and for the soutbeast awnerofthlssurvey,from WIilWCE Th inmrsaction bf the west right of way of County Road 33 and the north tight of way of FM Highway 4 bears South 20310'55"West,a distartoe of 2055.79 feet. THENCE with the north boundary ofsaid 20.0 a=tract;South 86°52126•West,a dl ce of 1023.87 feet to a SW two rod set for the awthw est corner of the said 20.0 acre tract,in else cas.line of the South Texas Children's Home I:rtd Management 194.45 acre tract as described in a deed ra onded in DocumentNo-2004010103,Deed Records NuecesCounty,Texas,and forthesouthw t9 comer of this survey. THENCE with the east boundary line ofsaid 194.45 acre tract,North 01°01158"W a distance of 3146.16 fat to t[518"iron rod set for the southwest comer of the Walter B.Camp 130 49 acre tract as described irra deed recorded in Document No.1997034377,Dead Records Nuecrs Cc unty.Texas,in the can line of the said 194.45 acre tract„and for the northwest comer of this survey- THENCE with the south boundary line ofthe said 130.49 acre tract,North 88°49'45 Fast,a distance of 2246.58 fai txw a 518"iron rod set in the west rightofwayarCounty Road 33,for southeast comer of the said 130.49 acre tract,and for the nonhew cornercfthls survcy. THENCE with the west right of way arcounty Riad 33,South 10"10'55^West,a dinanceoF337849 feet to the POINT OF BEGINNING of this survey,and containing 118.126 acres of land.more or less. Notes: 1.3 Bearings are based on Global Positioning System NAD 83(93)4205 Datum. 2)A Map of equal date accompanies this Metes end Bondds descriptitm. 1,Ronald E.Brister do hereby certify dW this survey of the property legally de=bed herein is r ormct to the best of my knowledge and belief. 1"&a 4a.a4& . Ronald E Brister,RP1.S No.5407 Date:March 11,2015 EXHIBIT.A- `T PAGE-.P-OF,. ... Title Data, inc. ST =133968 VU 2015011169.009 City or Corpas Christi.Toys Depam=3 ofDodomew Scrv= City of P.a�°;�" carps+Chtistl ram Ta:bv.9z- Corpus Locued st N0 aim Saw a=of I oopud SL and Pcn Ave i I. ®Christi DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with NA' ��►►}} � J�,� NAME: F 1 S LZ�/v � f `,Mtn S STREET: 5,37 09 K1VWCITY: (mWv3 C zip: , 3 FIRM is: Corporation ❑Partnership ❑Sale owner ❑Association ❑Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet 1. State the names of each "employee" of the City of Corpus Christi having an "ownership Interest" constituting 3%or more of the ownership in the above named"firm". Name Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an 'ownership interest" constituting 3%or more of the ownership in the above named"firm". Name Board,Commission or Committee 4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked an any matter related to the subject of this contract and has an "ownership Interest"constituting 3%or mora of the ownership In the above named"firm". Name Consultant CERTIFICATE I certify that all information pd true an¢i� t as of th date of this statement,that I have not knowingly withheld disclosure of any W I' requested d that sup ental statements will be promptly submitted to the City of Corpus Christi,Texa anges Certifying Person. f �"" Title: e C VP (Print) Signature of Certifying Person, � Date: K nEVELOPMFh-rSVCS57i.ARMLA'M BEVF.OTrON FORWF0015 AS PCR LEGAL=17Z'SCLOS1 xx OF I"✓.1 KFSr5 Page 1 of 2 1TAT94Eh-r`V 1ZWC Exhibit 7 London Area Wastewater Plan Infrastructure Construction and Reimbursement Agreement City Council Presentation April 24, 2018 Aerial Overview Proposed 16 a«o Force Main r" Yom= Corpus Christi Braselton/Brown Proposed Tract Lift Station LS V _ V GC � i � Proposed Layout of Sanitary Sewer Line 4 Noz Proposed Subdivision Proposed Lift Station Proposed 21" - - Gravity Sewer Line ATM Proposed 18" Gravity Sewer Line Proposed Layout of Sanitary Sewer Line Proposed Gravity Sewer Line +: V Proposed 21" Gravity Sewer Line Proposed 18" Gravity Sewer Line Proposed Layout of Sanitary Sewer Line 4 Noz Proposed Subdivision ,y 0 Staff Recommendations Reimbursement Agreement meets the requirements of Section 8.5.2 of the UDC. �yUS C O H U AGENDA MEMORANDUM NconpoRF1E 1$52 Public Hearing and First Reading for the City Council Meeting of April 24, 2018 Second Reading for the City Council Meeting of May 8, 2018 DATE: March 29, 2018 TO: Margie C. Rose, City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Rezoning property at or near 6665 Lipes Boulevard (Requires 3/4 vote) CAPTION: Case No. 0218-01 Dorsal Development, LLC.: Ordinance rezoning property at or near 6665 Lipes Boulevard from "FR" Farm Rural District to the "RM-1" Multifamily 1 District. PURPOSE: The purpose of this item is to allow for the construction of a multifamily apartment complex. RECOMMENDATION: Planning Commission and Staff Recommendation (March 21 , 2018): Approval of the change of zoning from "FR" Farm Rural District to the "RM-1" Multifamily 1 District. Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: The case is considered controversial as we have received 35.05% opposition. Approval will require a super-majority vote. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries the Southside Area Development Plan and was previously planned for medium density residential uses. The requested rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use map when adopted. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0218-01 Dorsal Development, LLC.: Ordinance rezoning property at or near 6665 Lipes Boulevard from "FR" Farm Rural District to the "RM-1" Multifamily 1 District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Dorsal Development, LLC. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, February 21 , 2018, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "FR" Farm Rural District to the "RM-1" Multifamily 1 District and on Tuesday, April 24, 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 Dorsal Development, LLC. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as being a 10.642 acre tract of land, more or less, a portion of Lots 3 and 4, Section 21, Flour Bluff and Encinal Farm and Garden Tract, located on the south side of Lipes Boulevard, east of Cimarron Boulevard and west of Bronx Avenue (the "Property"), from the "FR" Farm Rural District to the "RM-1" Multifamily 1 District (Zoning Map No. 043031), as shown in Exhibits "A" and "B". Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0218-01 Dorsal Development, LLC\Council Documents\Ordinance_0218- 01_Dorsal Development, LLC.docx Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0218-01 Dorsal Development, LLC\Council Documents\Ordinance_0218- 01_Dorsal Development, LLC.docx Page 3 of 3 i MURRAY SASS, JA., P.£„1t.KLS. 3054 S. ALAMrDA, ZIP 78404 NIXON M. WELSH, RE,R.P.LS. 361 882-5521— FAx 361 882-1265 www.6acs-xc1sh.com a-mail: murra rfu aol.com c-marl: n_ixmsv ii aol.curtt BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 September 5,2015 15053-M&B-Zoning.doe State of Texas County of Nueces Description of an 10.642 acre tract of land,more or less,a portion of Lots 3 and 4,Section 21,Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 41 —43, Map Records, Nueces County, Texas, and also being a portion of a 12 acre tract of land described by deed, Doc. No. 2012032200,official records of said county,.said 10.642 acre tract as further described by metes and bounds as follows BEGINNING at the point of intersection of the southwest right-of-way line of Lipcs Boulevard and the northwest boundary line of said 12 acre tract for the northernmost corner of the tract herein described; THENCE S61600'00"E 394.17' along said southwest right-of-way line of Lipes Boulevard,being along a line 20.00'southwest of and parallel to the center line of said Lipes Boulevard,the common boundary line of said Lots 3 and 4,Section 21 and Lots 30 and 29,Section 20,said Flour Bluff and Encinal Farm and Garden Tracts, to a point for the easternmost corner of the tract herein described in the southeast boundary line of said 12 acre tract THENCE S28056'40"W 1176.09' along said southeast boundary line of 12 acre tract to a point for the southernmost corner of the tract herein described in the northeast boundary line of a city drainage right-of- way; THENCE N61°00'00"W 394.17'along said northeast boundary line of city drainage right-of-way to a point for the westernmost corner of the tract herein described in said northwest boundary line of 12 acre tract; THENCE N28°56'40"E 1176.09' along said northwest boundary line of 12 acre tract to the POINT OF BEGINNING,a sketch showing said 10.642 acre tract being attached hereto as Exhibit"B". OF let a�srjirRil`' • Nixon M.Welsh,R.P.L.S. •NIXON M.WELSH 2.211 t'';' 9URy EXHIBIT "Ai" Page 1 of I f 'AFS \<V fl 40" 3.0 Sic Sha• �f� / COT Op. RC1 2 � SFcT �� r,a� � / SON fOT / 29 QOM Q�� ry40 ry AZ 2 Q O� o .�? a 2 N , co 0 100' 200' 400` F< M SCALE, 1`= 200' EXHIUIT "B" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1 X200' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. N0, 100027-00. TX ENGINEERING REG. NO. F-52, FILE: EXB-ZONING, JOB NO. 15053, SOLE: 1' - 200" PLOT SCALE: SAME. PLOT DATE. 09/05/15, SHEET 1 OF 1 Zoning Case #0218-01 Dorsal Development, I.I.C. Rezoning for a Property at 6665 Lipes Boulevard City Council Presentation April 24, 2018 Aerial Overview 00 0 0' aa� I0@b 0 Q' rW Awl 2 r . Subject Property at 6665 Lipes Boulevard FR RM-3 ir4/ N 45� Vicinity Mapi-i J A, P {c}Opan StreetMap and'contriGutOrs, Saa.1 Creative Commons-Share Alike License(CC-BY-SA) 3 a Zoning Pattern 86 rn+�e�b9 BB��og yy 862199 �U (�"l:J 6811y�I11'N�99 IpIrS4 267 BBo oQ99 OCA CSOoOog o�� 66n�o�99 � IPTS 198 LI QaO[(,/^/ 68lr�fUloGl 99°0 n l``U��IIIIVV IIII OO� A� 681�(co/�99 O� 66I�Cc�o(c?99 "For 'any P.00a 661J1`�J��99 `\J/n1� 6���J�oL�-`•99 LSV'O1�J0411 0 ,'.,, ll��jv U �QO ���D� s�-Ti� [So�O Ber1111,1o�n199 _"QO(Y�y� 662199 V "tif� � � II11���SIOMI�CC�SS Staff Recommendation Approval of the change of zoning from the "FR" Farm Rural District to the "RM-1 " Multifamily 1 District. PLANNING COMMISSION FINAL REPORT Case No. 0218-01 INFOR No. 18ZN1002 Planning Commission Hearing Date: February 21, 2018 = Owner/Applicant: Dorsal Development, LLC. aLocation Address: 6665 Lipes Boulevard �._ Legal Description: Being a 10.642 acre tract of land, more or less, a portion of a N Lots 3 and 4, Section 21 , Flour Bluff and Encinal Farm and Garden Tract, located on the south side of Lipes Boulevard, east of Cimarron Boulevard and west of Bronx Avenue. From: "FR" Farm Rural District c To: "RM-1" Multifamily 1 District 'E s Area: 10.642 acres N Purpose of Request: To allow for the construction of a multifamily apartment complex. Existing Zoning District Existing Land Use Future Land Use Medium Density Site "FR" Farm Rural District Vacant and Residential and = Drainage Corridor Permanent Open Space 'E �' North "RS-6" Single-Family 6 Public/Semi Public Public/Semi Public io District _ South "FR" Farm Rural District Low Density Low Density Residential Residential "RS-6" Single-Family 6 Medium Density X East District Vacant Residential West "FR" Farm Rural District Agricultural/Vacant Medium Density Residential Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan (ADP) and is planned for medium M o density uses. The proposed rezoning to the "RM-1" Multifamily 1 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and a o warrants an amendment to the Future Land Use Map when adopted. Q Map No.: 043031 Zoning Violations: None 0 Transportation and Circulation: The subject property has approximately 394 i 0 feet of frontage along Lipes Boulevard, which is designated as a "C3" Primary a N Collector Street. _ ca L Staff Report Page 2 Street Urban Transportation Proposed Existing Traffic Plan Type Section Section Volume � O Lipes75' ROW 60' ROW Boulevard "C3" Primary Collector 50' Paved 25' Paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural District to the "RM-1" Multifamily 1 District to allow for the construction of a multifamily apartment complex. Development Plan: The subject property is 10.642 acres in size. The "RM-1" Multifamily 1 District allows a maximum density of 22 units per acre. The owner is proposing an apartment complex of a maximum of 234 apartment units. Existing Land Uses & Zoning: The subject property is currently zoned "FR" Farm Rural District and consists of vacant land. The subject property was zoned "FR" Farm Rural in 1995 at the time of annexation. To the north is Veterans Memorial High School zoned "FR" Farm Rural District. To the south are vacant tracts zoned "FR" Farm Rural District. To the east are vacant tracts zoned "FR" Farm Rural District and previous rezonings in 2015 to the "CN-1" Neighborhood Commercial District and "RM-2" Multifamily District. To the west are vacant tracts zoned "RS-6" Single-Family 6 District and an existing subdivision (Airline Crossing Unit 2) 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 not platted. PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "RM-1" Multifamily 1 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and with the following policies, warrants an amendment to the Future Land Use Map: • 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) • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • Support the separation of high-volume traffic from residential areas or other noise- sensitive land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3) Staff Report Page 3 • Encourage direct arterial access for high-density apartments or interior access from a street designed specifically to collect the apartment traffic and distribute it directly to an arterial without passing through a lower density residential area. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • Encourage convenient access from medium-density residential development to arterial roads. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • New high-intensity commercial developments without adequate transition or buffering should be discouraged from locating directly adjacent to low-intensity residential areas. (Southside ADP, Policy Statement B.7) Department Comments: • The proposed rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC), to warrant an amendment to the Future Land Use Map. • A rezoning occurred on two properties to the west at the intersection of Lipes Boulevard and Cimarron Boulevard in 2015, from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District and the "RM-2" Multifamily 2 District. Planning Commission and Staff Recommendation (March 21, 2018): Approval of the change of zoning from the "FR" Farm Rural District to the "RM-1" Multifamily 1 District. Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Number of Notices Mailed — 8 within 200-foot notification area 5 outside notification area 0 As of February 16, 2018: In Favor — 0 inside notification area o — 0 outside notification area Z In Opposition — 1 inside notification area a — 0 outside notification area Totaling 35.05% 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\0218-01 Dorsal Development,LLC\Council Documents=Report_0218-01_Dorsal Development,LLC.docx CN-1 FR RM-2 Q' RS-6 5 � 0 3 1 SUBJECT � i�� JEC, PROPERTY FR 4 RS-6 � j" A. rRv ? 6 /z 7 Dates Cto ed:111112018 0 400 800 Prepay. .:Je`remyM Feet Department of Developmeni�Services CASE: 0218-01 P� y ZONING & NOTICE AREA P h RM-1 Multifamily 1 IL Light Industrial 4 RM-2 Multifamily 2 IH Heavy Industrial Ra RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay SUBJECT moo. ONMult Professional Office RS-10 Single-Family 10 PR�PER�TY RS-6 Single-Family 6 CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 CN-2 Neighborhood Commercial RS-TF Two-Family P�? v� CR-1 Resort Commercial RS-15 Single-Family 15 �� �0 CR-2 Resort Commercial RE Residential Estate p� CG-1 General Commercial RS-TH Townhouse �O CG-2 General Commercial SP Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial FM 2444 O RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural H Historic Overlay y BP Business Park Subject Property Owners with 200'buffer O in favor -----g \ City Of 4 Owners within 200'listed on X Owners �1 req-1 -----�___--�SO Cep Corpus attached ownership table vin opposition L�C„�I�N IYI„P —K Christi Persons with disabilities planning to - .-nd this meeting, who may require specia, -arvices, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con inca acidades clue tienen la intention de asistir a esta iunta y ctue requieren servicios esPeciales, se les suolica clue den.aviso 48 horas antes de la junta Ilamando al devartamento de servicios de desarrollo, al numero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la iunta v su in4les es limitado, favor de Ilamar al d_eaartamento de servicios de desarrollo al numero (361) 826-3240 al mends 48 horas antes de la junta Para solicitar un interorete ser Presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0298-09 Dorsal Development, LLC. has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "RM-1" Multifamily 1 District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being 10.642 acre tract of land, more or less, a portion of Lots 3 and 4, Section 21, Flour Bluff and Encinal Farm and Garden Tract, located on the east side of Flour Bluff Drive, south of Glen Oak Drive, and north of Caribbean Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. February 21, 2018, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person, by telephone call or by letter. Printed Name: r- � I{� -L.' r 1 in r Address: jf c 1 City/StateS��i ( ) IN FAVOR ) IN OPPOSITION e f �" Phone: 'a REASON: Signature SEE MAP ON REVERSE SIDE Case No.0218-01 INFOR Case No.: 18ZN1002 Project Manager.Andrew Dimas Property Owner ID:4 Email: andrewd2@cctexas.com U.S.POSTS>>PITNEY 80WES w .5 _ City of Corpus Christi Development Services Dept. r ZIP 78401 $ 000.47° P.O. Box 9277 1 �r�R 02 MY Corpus Christi,Texas 78469 0000340617FEB 09 2018 4 247600210040 AL DEVELOPMENT INC 24 W BAR LE DOC DR Corpus Christi,TX 78414 l}RS-0 246 I_ ic:13 a� f� e 'SUBJ C' PROPERTY FR RS-e { tiZ GR 1 •4 �Q Op 1 I n�4 *C _t q CASE: 0218-01 SUBJECT PROPERTY WITH ZONINGsubject k Roperry SUBJECT PIROPE7TY RY.1 RMm4m:1,1 l Llphl lRw3D/Y PY.T WRR.mIry] a "..T NewCrl RY1 Yumhmll,3 PUD Fl.Rll.d tons Dw owed., P......' d °RA4FT WRP.mP,FT RS-tP �.4. 1F 1P CR.f IrlpnCp.Ro.0 Commrcel.l Ria /ulpb-FReul, -. P3 Tf 3�n F wlyI1F CR1 R000n C=c C94 R!Tf T.o-FrRlly CR-1 RNbl Cr.rt41 R3-16 goo" ndyl{ CR7 bwrl Commo .Rl.l RE RHIWnll.liWl. �rlu. 'yam+ C0-1 R3•TN 14-.N-w Cod Wn.Hl Crnrn,ul V "'."'n" I CI Ylbn.b.Cm.m.Kl.l W R.ma0 [V.RRM ftm di - CPD DO.m Ro.mc.C.mm.rcYl CR.1 D&-d CRrr.rtrf RYR W~~� RRm. 1/VJ FR Fllm kw.t 01y of Busrn.°vanF iLOCATION_MAP_ pr�C4`14 C_'1_ 1�_,�,'�1..ff mus c.� GO O� Va. U AGENDA MEMORANDUM NORPO P PE 1852 Action Item for the City Council Meeting of April 24, 2018 DATE: April 13, 2018 TO: Margie C. Rose, City Manager FROM: Constance P. Sanchez, Director of Finance Constance Rja�cctexas.com (361) 826-3227 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2�cctexas.com (361) 826-3169 Amendment to the Municipal Lease Line of Credit Agreement CAPTION: Motion approving an amendment to the municipal lease line of credit agreement with Frost Bank to extend the term of the agreement through September 30, 2018. PURPOSE: This item is to approve an amendment to the municipal lease line of credit agreement for the Financial Services Department. BACKGROUND AND FINDINGS: The City of Corpus Christi's (i.e. "the City") master lease purchase agreement with Frost Bank expired on February 15, 2018. Although the City went through a procurement process to acquire a new master lease purchase agreement in ample time, the new agreement is still being negotiated. In the meantime, however, there are five (5) lease- purchase items that were previously approved by the City Council in Fiscal Year (FY) 2016-2017 that are now either ready for delivery or very close to being delivered by the dealers. The expectation in FY 2016-2017 was that Frost Bank would fund the lease- purchases. Amending the existing Frost Bank agreement will allow the City to take possession of these vehicles. They include the following: • One (1) roll-off truck to haul sludge from the Wastewater plants to Cefe Valenzuela Landfill on a daily basis — Lease-purchase approved by the City Council on May 23, 2017 (Legistar item #17-0483). • One (1) roll-off truck to haul large containers of waste to the Cefe Valenzuela Landfill on a daily basis - Lease-purchase approved by the City Council on June 13, 2017 (Legistar item #17-0650). • Three (3) transfer tractor trucks which are used to haul large trailers that contain refuse from the transfer station and Cefe Valenzuela Landfill operating constantly on a daily basis - Lease-purchase approved by the City Council on June 13, 2017 (Legistar item #17-0650). ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This amendment conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Financial Services City Attorney's Office FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $671,017.00 $100,649.70 $771 ,666.70 Encumbered / Expended Amount $409,420.13 $0.00 $409,420.13 This item $100,649.70 $100,649.70 $201,299.40 BALANCE $160,947.17 $0.00 $160,947.17 Fund(s): General Fund Comments: Delivery of the trucks is scheduled during FY2017-2018. The annual estimated payment for this lease-purchase is $201 ,299.40 of which $100,649.70 is budgeted in FY2017-2018 by the Solid Waste Operations Department for six months of payments. The remaining lease-purchase payments will be requested in future years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Amendment NINTH AMENDMENT TO MASTER LEASE PURCHASE AGREEMENT THIS NINTH AMENDMENT TO MASTER LEASE PURCHASE AGREEMENT (this "Ninth Amendment"), dated as of April -0, 2018, is between Frost Bank, a Texas state bank, as lessor ("Lessor") and the City of Corpus Christi, a political subdivision of the State of Texas, as lessee ("City"). RECITALS: WHEREAS, Lessor and City entered into that certain Master Lease Purchase Agreement dated as of February 15, 2013, as amended by that one certain First Amendment to Master Lease Purchase Agreement dated February 15, 2013, that Second Amendment to Master Lease Purchase Agreement dated October 21, 2013, that certain Third Amendment to Master Lease Purchase Agreement dated December 16, 2014, that certain Fourth Amendment to Master Lease Purchase Agreement dated October 28, 2015, that certain Fifth Amendment to Master Lease Purchase Agreement dated October 29, 2015 that certain Sixth Amendment to Master Lease Purchase Agreement dated November 30, 2016, that certain Seventh Amendment to Master Lease Purchase Agreement dated June 15, 2017, and that certain Eighth Amendment to Master Lease Purchase Agreement dated November 20, 2017 (as amended, the "Agreement"); WHEREAS, Lessor and City now desire to further amend the Agreement as herein set forth; NOW, THEREFORE, in consideration of the premises herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Amendment to Section 4.1. Effective as of the date hereof, Section 4.1 is hereby amended by replacing the second grammatical sentence to read as follows: "The City and Lessor may renew this Agreement for up to four additional one year terms, with the final additional term continuing until the end of the then-current fiscal year, which is September 30, 2018.° 2. Amendment to Section 4.5. Effective as of the date hereof, Section 4.5 is hereby amended by adding a new sentence before the existing second grammatical sentence to read as follows: -1- C:\Users\sc00471\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\I9UIK31S\Frost Bank Master Lease Agmt 9th Amdmtvl.docx "Any time after May 1, 2018, this Agreement may be terminated by the City upon 10-day advance written notice to Lessor, in accordance with Section 13.1, that the City has entered into a new municipal lease line of credit agreement with any financial institution." 3. Continued Effectiveness. Except as expressly modified by the terms and provisions hereof, each of the terms and provisions of the Agreement are hereby ratified and confirmed, and shall remain in full force and effect. 4. No Oral Agreements. This Ninth Amendment and the Agreement embody the final, entire agreement among the parties hereto. There are no oral agreements among the parties hereto. EXECUTED as of the date first above written. CITY OF CORPUS CHRISTI By: Name: Title: LESSOR: FROST BANK By: Name: See � �- Title: 1�I t �esrcX� -2- C:\Users\scCO471\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.outlook\I9UIK3IS\Frost Bank Master Lease Agmt 9th Amdmt vl.docx SC �o v AGENDA MEMORANDUM /yCnfIPa84tEp Future Item for the City Council Meeting of April 17, 2018 Ysti2 Action Item for the City Council Meeting of April 24, 2018 DATE: April 6, 2018 TO: Margie Rose, City Manager FROM: Miles Risley, City Attorney Gilbert Sanchez, Risk Manager milesrC@cctexas.com gilberts2C@cctexas.com (361)826-3361 (361)826-3739 Motion authorizing renewal of property insurance. CAPTION: Motion authorizing the City Manager to execute all documents necessary to renew property insurance, including All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown insurance through Carlisle Insurance Agency, Broker of Record, for upcoming policy year (May 511, 2018-May 5th 2019) in exchange $2,110,480.05, of which $861,538.43 is required for the remainder of FY 2017-2018. PURPOSE: Obtain property insurance for City-owned property. BACKGROUND AND FINDINGS: The City's Property Insurance Program currently carries property insurance coverage including: All Other Perils, Flood, Earth Movement, Wind, Named Storm and Equipment (Boiler/Machinery) Breakdown. The City's Property Insurance Program is a multi-layered program comprised of participating admitted and non-admitted commercial insurance carriers. In addition to traditional insured property (buildings and contents), the City's schedule of insured property includes other specialty insurance type risks including; wharves, baseball stadium, docks, piers and fine arts. (The City also purchases through our broker of record flood insurance for property located wholly or partially within the Special Flood Hazard Areas (SFHA) as defined by the Federal Emergency Management Agency (FEMA) in Flood Zone A and V through the National Flood Insurance Program but is not included in this amount). Total Insured Values for Policy year 2018-19 are $ 740,297,966 which is an increase of over 4% over last year (after schedule of value property update completed in February, 2018). The City awarded a Broker of Record contract to Carlisle Insurance Agency effective January 1, 2016 (which was amended December, 2017 to include excess liability and workers' compensation). Carlisle Insurance competitively placed the City of Corpus Christi property renewal out to market, which resulted much lower than expected rate and premium increase. The City's Risk Management Division and Carlisle Insurance Agency have collaborated to present the below property insurance renewal. Despite, unfavorable property market conditions responding to high number of catastrophic events last year, coupled with the city filing four large claims against its policy, reinsurance costs have pushed the primary property insurance premiums, however, the City was able to present the below quote with only an 8% increase. Overall market conditions have seen an average of 15%-25% increases in property rates and premium. Further, the City was able to maintain the same coverage and deductible structure. The rate increased by only 1 cent. The property insurance renewal is summarized in the following table. Total Insured Values $ $696,422,133 $707,244,943 $ 740,297,966 Property Rate $0.2875 $0.2761 $ 0.2871 (per$100 value) includes recommended option Premium $2,001,750 $1,952,915 $ 2,110,480.05 (primary/excess/equip Breakdown) Difference from 2015-16 $ 776,638 $ 48,835 $ 157,565 (28% decrease from (2.2%decrease from (8% increase) previous year) Limits $250,000,000 $250,000,000 $250,000,000 AM Risk (excludes flood/Quake) Named Storm $150,000,000 $150,000,000 $150,000,000 Flood/Earth Movement $ 25,000,000 $ 50,000,000 $ 50,000,000 Coverage/Peril Deductible Deductible Deductible AM Risk $ 50,000 per occur. $ 50,000 per occur. $ 50,000 per occur. Flood (storm surge $100,000 per occur. $100,000 per occur. $100,000 per occur. included) Named Storm 2%Total Insurable 2% of Total Insurable 2% of Total Insurable values at the time of values at the time of values at the time of the loss at each the loss at each the loss at each location involved in location involved in the location involved in the the loss or damage loss or damage arising loss or damage arising arising out of the out of the named out of the named named storm subject storm subject to a storm subject to a to a minimum of minimum of$100,000 minimum of$100,000 $250,000 any one any one occurrence any one occurrence occurrence and max. and max. of and max. of of$4,000,000 any $4,000,000 any one $4,000,000 any one one occurrence occurrence occurrence Wind/Hail $250,000 per occur $50,000 per occur $50,000 per occur Earth Movement $100,000 per occur $50,000 per occur $50,000 per occur Optional i i Terrorism -------------------- ---------------- ----------------- Tota 1 $2,110,480.05 Funds have been budgeted by the following funds: 5611-Liability/EB Liability, 1140-Business JobDev, and the 4710-VisitorFacility Fund in FY 2018-2019. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Legal Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Amount Required: $861,538. Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $2,774,593.78 $2,996,561.28 $5,771,155.06 Encumbered / Expended $1,265,413.53 $ 930,461.04 $2,195,874.57 Amount This item $ 861,538.00 $1,248,942.05 $2,110,480.05 BALANCE $ 647,642.25 $ 817,158.19 $1,464,800.44 Fund(s): 5611-Liability/EB Liability, 1140-Busines JobDev, 4710-VisitorFacility Fund RECOMMENDATION: Staff recommend the City renew its property program as cited above with the same limits, sub- limits, policy terms and conditions current coverage limits, deductible structure, and policy terms and provisions. Further, Property renewals for Policy year 2019-20 will be subject to automatic renewal based on the City's broker of record contract with Carlisle insurance agency if the amount does not exceed the original contract amount of$ $2,001,750. LIST OF SUPPORTING DOCUMENTS: N/A se GO O Va. v AGENDA MEMORANDUM NORROPpEO Future Item for the City Council Meeting of April 24, 2018 1852 Action Item for the City Council Meeting of May 8, 2018 DATE: April 24, 2018 TO: Margie Rose, City Manager FROM: Mike Markle, Police Chief MikeMa(acctexas.com (361) 888-2601 Kim Baker, Assistant Director of Financial Services kimb2�cctexas.com (361) 826-3169 =Emergency Removal, Installation, and Repair of Equipment for Police Vehicles CAPTION: Resolution authorizing a 24-month service agreement with Auto Works Unlimited of Corpus Christi, Texas, for emergency removal, installation, and repair of equipment for police vehicles, for a total amount not to exceed $150,000. PURPOSE: This service agreement will provide installation, removal and repair of emergency equipment for the Police vehicles. BACKGROUND AND FINDINGS: The Police Department utilizes Auto Works Unlimited to perform numerous repairs, installs and removals of equipment in police vehicles. Police vehicles cannot be down for very long, and Auto Works Unlimited is able to meet the need of the Police Department to get the vehicles out on the street in a quick turnaround. Auto Works Unlimited is one of three companies in the southern region of the state of Texas that is certified to install and remove the Coban in-car camera in the police vehicles. Police and Fleet civilian personnel perform delivery and pickup of the vehicles, therefore, because Auto Works Unlimited is a local company, it is cost effective and quicker to utilize this company. These repairs need to be performed quickly to protect the public health and safety of the City's residents. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Police FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $112,907.50 $112,500.00 $225,407.50 Encumbered / Expended Amount $19,354.06 $0.00 $19,354.06 This item $37,500.00 $112,500.00 $150,000.00 BALANCE $56,053.44 $0.00 $56,053.44 Fund(s): 1020 - General Comments: The contract is for 24 months of which $37,500 is budgeted in FY17-18. $112,500 will be budgeted the future years, bringing the total contract value to $150,000. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Resolution CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION Install/Removal of Emergency BUYER: MINERVA ALVARADO Equipment for Police Vehicles AutoWorks Unlimited LLC Corpus Christi, Texas ITEM DESCRIPTION COST QUANTITY EXTENDED TOTAL 1 New Installation of Emergency Equipment $ 1,600.00 48 $76,800.00 2 Body Labor $ 38.00 520 $19,760.00 3 Electrical Labor $ 85.00 402 $34,170.00 4 Structure Labor $ 45.00 428 $19,260.00 TOTAL $150,000.00 * rounded up $10 to reach total of$150,000.00 Resolution authorizing a 24-month service agreement with Auto Works Unlimited of Corpus Christi, Texas, for emergency removal, installation, and repair of equipment for police vehicles, for a total amount not to exceed $150,000. WHEREAS, Installation and removal of emergency equipment in police vehicles will be purchased by Police Department; WHEREAS, the service agreement will provide installation, removal and repair of emergency equipment for the Police vehicles. WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (2), as this purchase is necessary to preserve and protect the public health or safety of the City's residents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorizing the Installation and Removal for emergency equipment for the Police Department and authorizing a two-year service agreement with Auto Works Unlimited of Corpus Christi, Texas, for a total amount not to exceed $150,000.00. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 1 of 2 Corpus Christi, Texas day of , 20 The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Page 2 of 2 SC 0 > SERVICE AGREEMENT NO. 58026 U Install, Removal, and Repair of Emergency Equipment for bO RPOR Af 1852 Police Vehicles THIS Install, Removal and Repair of Emergency Equipment for Police Vehicles Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Auto Works Unlimited ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Install, Removal, and Repair of Emegency Equipment for Police Vehicles in response to Request for Bid/Proposal No. N/A ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Install, Removal, and Repair of Emergency Equipment for Police Vehicles ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 24 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $150,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Pat Eldridge Police Department 361 .886.2696 Pat Ccctexas. com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 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. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Pat Eldridge Police Management Services Director 321 John Sartain, Corpus Christi, Texas 78401 361 .886.2696 Fax: 361 .886.2607 IF TO CONTRACTOR: Auto Works Unlimited LLC Attn: Edmund Diaz Owner 5702 Ayers St., Corpus Christi, Texas 78415 361 .960.0072 Fax: 361 .960.0072 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. N/A Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A: Scope of Work 2017 EMERGENCY POLICE VEHICLE EQUIPMENT FOR CORPUS CHRISTI, TEXAS Scope of work- Install and removal of Emergency equipment in police vehicles. Install electronics, prisoner safety equipment and all related police equipment in law enforcement vehicles. Decommission marked patrol vehicles by removing all emergency equipment, computers, and prisoner safety equipment.Each vehicle worked on will be billed separately specifying work completed and will include the unit number and VIN.There maybe additional equipment added to vehicles that are not marked. Marked Patrol Vehicle All installed items will be supplied by the City of Corpus Christi.The placementof all emergency equipment and technology will be specified by police fleet personnel. 1. Install front push bumper to manufacturer's specification. 2. Install emergency lighting outside of the vehicle. This will include up to 8 additional lights mounter on exterior of each unit. 3. Install wiring to all emergency lights to allow full operation of all emergency lights. 4. Install wiring to power the following items. (i.e., MDT, In-car camera,cradle point,police radio,printers, radars, and docking stations along with any other technology requested. 5. Install a prisoner cage kit to include window barriers,door panels,plastic back seat, and rear barrier. 6. Install gun rack. 7. Install wigwag lighting module to headlights and taillights. B. Install police radio and antenna. 9. Install center console. 10. Install cradle point. 11. Install in car camera system. 12. Install mounted in car radar system. 13. Install controller to operate all emergency lighting equipment to include siren speaker. 14. Install command box in the rear of the vehicle.(approx. 16 supervisor vehicles in fleet are equipped with these.) Patrol Vehicle (Slick top) 1. Install front push bumper to manufacturer's specification. 2. Install emergency lighting outside of the vehicle. 3. Install wiring to all emergency lights to allow full operation of all emergency lights. 4. Install wiring to power the following items. (i.e. MDT, In-car camera,cradle point, police radio, printers, radars,and docking stations along with any other technology requested. 5. Install a prisoner cage kit to include window barriers, door panels,plastic back seat,and rear barrier. 6. Install gun rack. Page 1 of 2 7. Install wig wag lighting module to headlights and taillights. 8. Install police radio and antenna. 9. Install center console. 10. Install cradle point. 11. Install in car camera system. 12. Install mounted in car radar system. 13. Install controller to operate all emergency lighting equipment to include siren speaker. 14. Install command box in the rear of the vehicle. (approx. 16 supervisor vehicles in fleet are equipped with these.) Unmarked Vehicles 1. Install wiring for radio system. 2. Install police radio and antenna. Specialty Vehicles The police department has vehicles that are specialized and may require all equipment specified under marked units to be installed or just partial equipment.Vehicles in this category include Forensic Vans, Prisoner Transport, Passenger Transport and K-9 units.The equipment for each would be specified at time of installation. Scope of work for repairs and work to police vehicles. Vendor must have certification to perform repairs some equipment. In the course of the year,vehicles are either damaged or are involved in accidents and require the removal of damaged parts and equipment and the installation of new replacement equipment. 1. Will remove equipment damaged or destroyed and replace with new equipment. 2. Repairs, removal, and installation emergency equipment. 3. The removal and or replacement of the Coban camera system. Requires installer to be certified through Coban Technologies. Within 2 years the City will transition to Axon. 4. Certified to make repairs on the Harris GE radio system. 5. Be able to troubleshoot emergency equipment to fix or repair issues. 6. Be able to repair generators and electrical equipment on large specialty police vehicles that is part of the emergency equipment on the unit. The vendor must agree to the following support items. 1. Must be available after hours if needed at no additional charge,to include weekends and holidays. 2. No overtime for work done after hours and weekends. 3. Must have knowledge of emergency equipment. 4. Must have knowledge of emergency equipment wiring. S. Vendor will agree to make marked patrol cars a priority. 6. All work must be performed locally. Page 2 of 2 SC ATTACHMENT B: QUOTE/PRICING SCHEDULE CITY OF CORPUS CHRISTI QUOTE FORM NCONOPE 1852 1. Refer to "Sample Service Agreement" Contract Terms and Conditions before completing quote. 2. Quote your best price, including freight,for each item. 3. In submitting this quote, vendor certifies that the prices in this quote have been arrived at independently,without consultation,communication,or agreement with any other vendor or competitor,for the purpose of restricting competition with regard to prices. I nvitation to quote, FOB Destination, Frei ht Included, on the followm : DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL New Installation of Emergency 48 Lump $1,600.00 $76,800.00 Equipment Sum Body Labor 520 HR $38.00 $19,760.00 Electrical Labor 402 HR $85.00 *$34, 180.00 Structure Labor 428 HR $45.00 $19,260.00 TOTAL $150,000.00 x rounded up$10 to reach total of$150,000.00 COMPANY: AutoWorks Unlimited NAME OF PERSON AUTHORIZED TO SIGN: Edmund Diaz ADDRESS: 5702 Ayers St. CITY/STATE/ZIP: Corpus Christi, TX 78415 PHONE: 361-960-0072 EMAIL: autoworks.unlimited@yahoo.com FAX: DATE: 2/12/18 SIGNATURE: TITLE: owner THE CITY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL QUOTES.TO WAIVE ANY INFORMALITIES OR IRREGULARITIES IN THE QUOTES RECEIVED AND TO CANCEL OR POSTPONE THIS PROJECT UNTIL A LATER DATE. Attachment C: Insurance Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and 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 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All Page 1 of 3 States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work Page 2 of 3 hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing Installation and Removal of Emergency Equipment in CCPD Vehicles 02/15/2018 sw Risk Management Valid Through 12/31/2018 Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS Workmanship guaranteed for one year. Page 1 of 1 se GO O Va. v AGENDA MEMORANDUM NORROPPEFuture Item for the City Council Meeting of April 24, 2018 1852 Action Item for the City Council Meeting of May 8, 2018 DATE: April 24, 2018 TO: Margie C. Rose, City Manager FROM: Mike Markle, Police Chief MikeMa(o).cctexas.com 361-886-2601 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2�cctexas.com (361) 826-3169 Lease Vehicles for Police Department CAPTION: Motion authorizing a two-year lease agreement for 21 unmarked vehicles with Acme Auto Leasing, LLC, North Haven, Connecticut, via Houston-Galveston Area Council, for the total amount not to exceed $272,880. PURPOSE: This item is to approve the lease of 21 unmarked vehicles for the Police Department. BACKGROUND AND FINDINGS: The Police Department utilizes these vehicles as unmarked vehicles in investigative operations. The vehicles are being leased and not purchased as it is necessary to be able to change out vehicles frequently during the year. The Police Department has been leasing vehicles for such operations since 2009 through the HGAC agreement. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: Non Applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Narcotics/Vice Investigations FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $112,122.85 $222,880.00 $335,002.85 Encumbered / Expended Amount $31,961.46 $31,961.46 This item $50,000.00 $222,880.00 $272,880.00 BALANCE $30,161 .39 $0.00 $30,161 .39 Fund(s): General Fund Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Price Sheet Aicm wsLng, LLC -- _ _ . Leasing to Government Agencies singe 1984 Vehicle Lease Price Quote 440 Washington Avenue Prepared For:Corpus Christi,TX Model Year: 2016/2017 North Haven,CT 06473 Attention: Pricing Miles: 18,000 excess charge.12 per mile Tel: 203-234-6850 Date Prepared: 6/13/2017 Terms: Net 30 Fax: 203-234-6858 TIN: 06-1425257 Minimum Order: N/A Item Vehicle Lease Rate No. Description Make Model Term Monthly Cost Ford or 001 Truck Chevrolet 1/2 Crew 12 Months $643.00 Choice Chevrolet or 004 SUV Nissan SUV-Mid 12 Months $643.00 Choice Page 1 of 1 SC 0 > SERVICE AGREEMENT NO. 1259 U Lease of Vehicles for Police Department bO RPOR Af� 1852 THIS Lease of Vehicles for Police Department Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Acme Auto Leasing, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Lease of Vehicles for Police Department in response to Request for Bid/Proposal No. N/A ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Lease of Vehicles for Police Department ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 24 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $272,880.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Pat Eldridge Police Department 361 .886.2696 Pat@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 (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. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Pat Eldridge Police Management Services Director 321 John Sartain, Corpus Christi, Texas 78401 361 .886.2696 Fax: 361 .886.2607 IF TO CONTRACTOR: Acme Auto Leasing, LLC Attn: Bob Crowe Sales 440 Washington Avenue, North Haven, Connecticut 06473 407-456-1561 Fax: 203-234-6858 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits), B. its attachments, Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: - Lll� zle��, � Printed Name: o?6 3 - �� Title: l.! Date: (3P �L CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. N/A Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 o Attachment A: Scope of Work U aOORPORPI', 1852 • Contractor will lease various vehicles to the Corpus Christi Police Department. • Vehicle types include: Ford or Chevrolet 1/2 Crew Trucks and/or Chevrolet or Nissan Mid-size Sport Utility Vehicles. • If the vehicles have been compromised by the public, the Contractor shall allow the vehicle to be replaced. • The Contractor is responsible for Vehicle recalls and necessary repairs covered under the vehicle warranty. Attachment B: Bid/Pricing Sheet vj -- _ _ -law Leasing to Government Agencies singe 1984 Vehicle Lease Price Quote 440 Washington Avenue Prepared For:Corpus Christi,TX Model Year: 2016/2017 North Haven,CT 06473 Attention: Pricing Miles: 18,000 excess charge.12 per mile Tel: 203-234-6850 Date Prepared: 6/13/2017 Terms: Net 30 Fax: 203-234-6858 TIN: 06-1425257 Minimum Order: N/A Item Vehicle Lease Rate No. Description Make Model Term Monthly Cost Ford or 001 Truck Chevrolet 1/2 Crew 12 Months $643.00 Choice Chevrolet or 004 SUV Nissan SUV-Mid 12 Months $643.00 Choice Page 1 of 1 Attachment C: Insurance/Bond Requirements Section 5. Insurance; Bonds. (B) is not required for this Service Agreement. Page 1 of 1 Attachment D: Warranty Requirements Section B. Warranty. Is not required for this Serivice Agreement. Page 1 of 1 mus c.� o� A. AGENDA MEMORANDUM NORPOPPEFuture Item for the City Council Meeting of April 24, 2018 1852 Action Item for the City Council Meeting of May 8, 2018 DATE: April 24, 2018 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief RRocha(aD.cctexas.com (361) 826-3932 Kim Baker, Assistant Director of Financial Services — Purchasing Division Kim B2(a).cctexas.com (361) 826-3169 Purchase of Ambulance Stretchers, Power Loaders, and Maintenance Agreement CAPTION: Resolution authorizing a seven-year service agreement with Stryker Medical of Chicago, Illinois and the purchase of two power stretchers, two manual stretchers, two power loaders for a total amount not to exceed $117,297.60. PURPOSE: This item is to approve the purchase a total of four ambulance stretchers, power loaders and a seven-year maintenance agreement for the Corpus Christi Fire Department. BACKGROUND AND FINDINGS: The stretchers will be used by the EMS Division of the Fire Department for emergency medical response services. The two powered stretchers, with powered loaders will be replacing manual stretchers in our fleet. The two manual stretchers will be used when the powered versions are being serviced. These patient mobility devices will improve worker and patient safety by reducing medic fatigue and injury. The purchase will result in eight of the eleven ambulances being equipped with powered stretchers. In an email dated October 29, 2017, $850,000 was allocated for capital purchases of three ambulances from the Fiscal 2018 budget. The actual cost has been determined to be $669,725. Therefore, the department requests approval to utilize the remaining balance to purchase additional capital items. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Fleet Maintenance Service FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $8,902,438.94 $0 $8,902,438.94 Encumbered / Expended Amount $4,770,576.81 $0 $4,770,576.81 This item $117,297.60 $0 $117,297.60 BALANCE $4,014,564.53 $0 $4,014,564.53 Fund(s): Fleet Maint Svc Comments: The cost is for a total amount not to exceed $117,297.60 is funded in FY2018-19 in the Equipment Purchases Fund. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION AMBULANCE STRETCHERS BUYER: MINERVA ALVARADO SOLE SOURCE STRYKER CHICAGO,ILLINOIS ITEM DESCRIPTION COST QUANTITY EXTENDED TOTAL 1 Power-Pro XT Stretcher 17 937.66 2 $35,875.32 2 Seven-year Power-Pro XT Maintenance Agreement 3,466.80 2 $6,933.60 3 Power Load 21,448.44 2 $42,896.88 4 Seven-Year Power Load Maintenance Agreement 6,873.30 2 $13,746.60 5 Performance Pro Manual Stretcher 7,160.40 2 $14,320.80 6 Seven-year Performance Pro Maintenance Agreement $1,762.20 2 $3,524.40 TOTAL $117,297.60 Resolution authorizing a seven-year service agreement with Stryker Medical of Chicago, Illinois and the purchase of two power stretchers, two manual stretchers, two power loaders for a total amount not to exceed $117,297.60. WHEREAS, stretchers, power loaders and maintenance agreement for the Corpus Christi Fire Department will be purchased by Fleet Maintenance Services; WHEREAS, the stretchers will be used by the EMS Division of the Fire Department for emergency medical response services. WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a)(2) as this purchase preserves and protects the public health and safety of the City's residents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to purchase two power stretchers, two manual stretchers, two power loaders and a seven-year Maintenance Agreement from Stryker Medical of Chicago, Illinois, for a total amount not to exceed $117,297.60. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas day of , 20 Page 1 of 2 The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Page 2 of 2 SC 0 > SERVICE AGREEMENT NO. 1599 U Ambulance Stretchers Maintenance Plan for CCFD bO RPOR Af� 1852 THIS Ambulance Stretchers Maintenance Plan for CCFD Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Stryker Medical ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Ambulance Stretchers Maintenace Plan for CCFD in response to Request for Bid/Proposal No. N/A ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Ambulance Stretchers Maintenance Plan for CCFD ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 84 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $24,204.60, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Kenneth Erben Fire Department 361 .826.3931 Kenneth EC cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 (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. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Kenneth Erben Assistant Fire Chief 2406 Leopard St., Suite 300, Corpus Christi, Texas 78408 361 .826.3931 Fax: 361 .826.4223 IF TO CONTRACTOR: Stryker Medical Attn: Lauren Kuhner Sales Account Manager P.O. Box 93308, Chicago, Illinois 60673 281 .217.9301 Fax: 281 .217.9301 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits), B. its attachments, Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: ,r- Printed Name: Title: Date: 'loci CITY �(�- CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. N/A Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 � Usc Attachment A: Scope of Work off' ypp P#p��& 9 1852 SCOPE OF WORK: • Maintenance agreement shall be for seven years. • Agreement shall include one preventative maintenance per year. • Agreement shall provide all parts and labor. • Covers all non-scheduled on demand services. Page 1 of 1 str kers Attachment B: Bid/Pricing Schedule Comprehensive Quotation Sales Account Manager Remitto: Lauren Kuhner Stryker Medical Lauren.Kuhner@stryker.com P.O.Box 93308 Cell:281-217-9301 Chicago,IL 60673-3308 End User Shipping Address Shipping Address Billing Address 1280030 1280030 1196754 CORPUS CHRISTI FIRE DEPT CORPUS CHRISTI FIRE DEPT CITY OF CORPUS CHRISTI 1501 HOLLY RD 1501 HOLLY RD 2406 LEOPARD CORPUS CHRISTI,TX 78417-2010 CORPUS CHRISTI,TX 78417-2010 STE 201 CORPUS CHRISTI,TX 78401-3720 Customer Contact Ref Number Date PO Number Reference Field Quote Type 6438946 03/28/2018 QUOTE Line Quantity Item Description Part# Unit Price Extended Price Item Comments 1.00 2 Protect Power Cot-7 Year 77105001 $3,466.80 $6,933.60 2.00 2 Protect Manual Cot-7year 77218001 $1,762.20 $3,524.40 3.00 2 Protect Power-LOAD-7year 77506001 $6,873.30 $13,746.60 Note: Product Total $24,204.60 Freight $0.00 Tax $0.00 Total Incl Tax&Freight $24,204.60 r Signature: Title/Position: _Date: Deal Consummation:This is a quote and not a commitment.This quote is subject to final credit,pricing,and documentation approval.Legal documentation must be signed before your equipment can be delivered.Documentation will be provided upon completion of our review process and your selection of a payment schedule. Confidentiality Notice:Recipient will not disclose to any third party the terms of this quote or any other information,including any pricing or discounts,offered to be provided by Stryker to Recipient in connection with this quote,without Stryker's prior written approval,except as may be requested by law or by lawful order of any applicable government agency. Terms:Net 30 Days.FOB origin.A copy of Stryker Medical's standard terms and conditions can be obtained by calling Stryker Medical's Customer Service at 1-800-STRYKER. Cancellation and Return Policy:In the event of damaged or defective shipments,please notify Stryker within 30 days and we will remedy the situation.Cancellation of orders must be received 30 days prior to the agreed upon delivery date.If the order is cancelled within the 30 day window,a fee of 25%of the total purchase order price and return shipping charges will apply. Page 1 of 1 Attachment C: Insurance Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Fire Chief one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $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 B (All States Endorsement if Company is of this Exhibit. not domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 Page 1 of 3 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy, • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy, • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City, and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 3 5. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements CCFD Stryker Equipment Purchase and Maintenance Service Agreement 03/22/2018 sw Risk Management Valid Through 12/31 /2018 Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS Section 8. is null for this Service Agreement. se GO O Va. v AGENDA MEMORANDUM NORROPpEO Future Item for the City Council Meeting of April 24, 2018 1852 Action Item for the City Council Meeting May 8, 2018 DATE: April 24, 2018 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief RRocha(a�cctexas.com (361) 826-3932 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB26a�cctexas.com (361) 826-3169 Generator Service and Repair for Corpus Christi Fire Department for a Two- year Service Agreement not to Exceed $38,700, with One One-year Option and Total Potential Multi-year Amount of Up to $58,050 CAPTION: Motion authorizing a two-year service agreement for generator service and repair with Loftin Equipment Company, Inc. of San Antonio, Texas for an amount not to exceed $38,700, with one one-year option for a total potential multi-year amount of$58,050. PURPOSE: The service agreement will secure a contractor for generator services for Corpus Christi Fire Department (CCFD) facilities. BACKGROUND AND FINDINGS: Generators provide the stations with vital electrical power. The generators power the overhead doors, and other important systems with the stations. More importantly, they provide power to our radios and other essential communications systems. Emergency responder radio equipment, as found in the stations, must have back up power, as required by the fire code. Within CCFD facilities this back up power comes from properly operating electric power generators. These generators require routine maintenance and at times major repairs. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received six responsive, responsible bids and is recommending the award to Loftin Equipment Company, Inc. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Fire Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $491 ,194.00 $49,987.50 $541,181.50 Encumbered / Expended Amount $266,703.61 .00 $266,703.61 This item $8,062.50 $49,987.50 $58,050.00 BALANCE $216,427.89 .00 $216,427.89 Fund(s): General Fund Comments: The initial contract is for an amount not to exceed $38,700 of which $8,062.50 is funded in FY2017-2018 budget. The total contract value will be $58,050 if option year are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION RFB1528-Generator Sevice/Repair BUYER: MINERVA ALVARADO For Corpus Christi Fire Department Generator Preventative Technician Regular Hours Technician After Hours Maintenance Parts Stewart& Qty- Unit Unit Price Total Price Qty Unit Price Total Price Qty Unit Price Total Price Qty Markup Total Price Grand Total Stevenson 2yr. Corpus Christi, TX HR 160 $ 140.00 $ 22,400.00 40 $ 210.00 $8,400.00 80 $140.00 $ 11,200.00 $10,000 35% $13,500 $55,500.00 Holt Texas, Qty- LTD Unit 2 Unit Price Total Price Qty Unit Price Total Price Qty Unit Price Total Price Qty Markup Total Price Grand Total Yr. San Antonio, TX HR 160 $ 135.00 $ 21,600.00 40 $ 202.50 $8,100.00 80 $ 95.00 $ 7,600.00 $10,000 25% $12,500 $49,800.00 Unit Qty- Unit Price Total Price Qty Unit Price Total Price Qty Unit Price Total Price Qty Markup Total Price Grand Total Kentech,Inc. 2yr. Porter,TX HR 160 $ 95.00 $ 15,200.00 40 $ 142.50 $5,700.00 80 $ 95.00 $ 7,600.00 $10,000 20% $12,000 $ 40,500.00 Unit Qty- Unit Price Total Price Qty Unit Price Total Price Qty Unit Price Total Price Qty Markup Total Price Grand Total U Power,Inc. 2yr. Austin,TX HR 160 $ 95.00 $ 15,200.00 40 $ 127.50 $5,100.00 80 $ 90.00 $ 7,200.00 $10,000 20% $12,000 $ 39,500.00 Loftin Equipment Unit Qty- Unit Price Total Price Qty Unit Price Total Price Qty Unit Price Total Price Qty Markup Total Price Grand Total Company,Inc. 2yr. San Antonio, TX HR 160 $ 90.00 $ 14,400.00 40 $ 135.00 $5,400.00 80 $ 80.00 $ 6,400.00 $10,000 25% $12,500 $ 38,700.00 MNI Unit Qty- Unit Price Total Price Qty Unit Price Total Price Qty Unit Price Total Price Qty Markup Total Price Grand Total Maintenance 2yr. Gregory,TX HR 160 $ 95.00 $ 15,200.00 40 $ 125.00 $5,000.00 80 $ 95.00 $ 7,600.00 $10,000 25% $12,500 $ 40,300.00 SC 0 > SERVICE AGREEMENT NO. 1528 U Generator Service and Repair for CCFD bO RPOR Af� 1852 THIS Generator Service and Repair for CCFD Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Loftin Equipment Company, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Generator Service and Repair for CCFD in response to Request for Bid/Proposal No. 1528 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Generator Service and Repair for CCFD ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 24 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to one additional 12-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $38,700, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Service Agreement Standard Form Page 1 of 7 Gerardo Garcia Fire Department 361 .826.8427 GerardoGC cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. Service Agreement Standard Form Page 2 of 7 (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. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. Service Agreement Standard Form Page 3 of 7 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Gerardo Garcia Fire Captain 2406 Leopard, #300, Corpus Christi, Texas 78408 361 .826.8427 Fax: 361 .826.4515 IF TO CONTRACTOR: Loftin Equipment Company, Inc. Attn: Steven Stewart Account Manager 1241 Universal City Blvd., San Antonio, Texas 78148 210.881 .1623 Fax: 210.881 .1623 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, Service Agreement Standard Form Page 4 of 7 INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. CONTRACTOR'S INDEMNITY DOES NOT EXTEND TO ANY CLAIMS RESULTING SOLELY FROM THE NEGLIGENCE OF ANY OF THE INDEMNITEES. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: Service Agreement Standard Form Page 5 of 7 A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2) . 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. 26. Limitation on Liability. Neither Party shall be liable to the other Party for indirect, special, consequential, incidental multiple or punitive damages, or any damage deemed to be of an indirect or consequential nature, arising out of or related to its performance under this Contract, whether based upon breach of contract, warranty or negligence, and whether grounded in tort, contract, civil law or other theories of liability, including strict liability. The term (consequential damages) shall include, but not be limited to, loss of anticipated profits, loss of use, loss of revenue and cost of capital. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 CONTRACTOR Signature: Printed Name: Title: cca.AAd 106WAgWL Date: .3/�8 ko/a CITY OF CORPUS CHRISTI Signature: Printed Name.- Title: ame:Title: Date: APPROVED AS TO LEGAL FORM Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 1 528 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Attachment A: Scope of Work 1 General Reguirements/Background Information The Contractor shall provide Generator Repair and Preventive Maintenance Services for Fire Stations located throughout the City of Corpus Christi. 2 Scope of Work A. Service Requirements 1 . Contractor shall service Generac, Kohler, and Cummins generators. 2. Service Technicians must have mechanical capabilities to repair, maintain, and service generators. 3. Contractor shall be available for emergency repairs and/or troubleshoot if generator is not working properly. 4. Contractor shall be able to perform specified services 24 hours a day, 365 days a year on an as needed basis. The City will use prudent judgment when calling after regular working hours for specific services. 5. Contractor shall be available within 24 hours post storm (hurricane, tornado, etc.) to repair generators damaged during storm. 6. Contractor shall receive work order requests via telephone and must respond within 30 minutes of call being placed by the Fire Department or within a reasonable time frame of the call being placed. 7. Contractor shall be on site within four hours with the exception of storm events or within an agreeable timeframe determined by the Fire Department and the Contractor upon receipt of service request. 8. Contractor shall repair the generator operational deficiencies within 24 hours of arrival on site or have communicated with the Contract Administrator of any conditions that may delay work being completed within the 24 hours timeframe. 9. All parts installed or replaced shall be Original Equipment Manufacturer (OEM), new and unused. B. Service requests are to be accepted by the following authorized personnel 1 . Assistant Chief of Support Services 2. Captain assigned to Facility Maintenance 3. Battalion Chief of Duty during emergency situations C. Contract Administrator or representative will authorize the work to be performed. Page 1 of 4 D. Contractor will check in and check out with the station Captain or other station personnel before and after all authorized work is performed. E. All repairs shall be completely documented by the Contractor. A copy of each service request or repair slip will be provided to the personnel on site at time of completion and shall provide the following information: 1 . Site location of the equipment repair 2. Name, model number and serial number of the equipment repaired 3. Name and model number of any replacement parts 4. Type of repairs or work performed F. If any generator is deemed non-repairable, the Contractor shall immediately notify the Contract Administrator 3 Preventative Maintenance A. Each Fire Station generator will require a complete preventative maintenance service to be completed on or before June l st of each year once contract has been issued. B. Complete preventative maintenance service shall include but is not limited to: 1 . Complete inspection of engine, generator, and associated equipment to include: battery, battery charger, control panel, gauges, support structure, mounting systems, fuel tank where applicable and exterior of equipment. 2. Check and test all safety devices 3. Check coolant (if applicable) 4. Check for fault codes and correct deficiencies 5. Verify voltage and frequency output 6. Adjust engine speed 7. Adjust fuel regulator (if applicable) 8. Inspect fuel system, air intake and exhaust systems 9. Inspect oil for contamination, if necessary, perform metal wear analysis 10. Test and inspect battery charging battery cable and connections 11 . Perform fuel analysis, if necessary (diesel fuel generator) 12. Remove and replace lubricating oil and filters 13. Remove and replace fuel filter and air filter Page 2of4 14. Remove and replace spark plugs 15. Test and inspect battery charging system for proper function 16. Manually start the generator 17. Perform load test 18. Document and provide report of service 19. Dispose of any used parts and fluids in accordance with current EPA and/or TCEQ rules and regulation 20. Transfer switches: a. Inspect and clean each drive b. Lubricate moving parts and contact surfaces c. Inspect and ensure all connections are tight and meet required and/or recommended torque specifications d. Perform power transfers to ensure proper operation 4 Work Site and Conditions The work shall be performed at the following fire stations: Station Address/Zip Code Phone Number 1 514 Belden / 78401 361-826-8054 2 13421 Leopard St. / 78410 361-826-1245 3 1401 Morgan Ave. / 78404 361-826-1250 4 2338 Rodd Field Rd. / 78414 361-826-1247 5 3105 Leopard St. / 78408 361-826-4648 6 6713 Weber Rd. / 78413 361-826-8071 7 3722 S. Staples / 78411 361-826-8075 8 4645 Kostoryz / 78415 361-826-8077 9 501 Navigation Blvd / 78408 361-826-1255 10 1550 Horne Rd. / 78416 361-826-1258 11 910 Airline Rd. / 78412 361-826-8073 12 2120 Rand Morgan Rd. / 78410 361-826-8120 13 1802 Waldron Rd. / 78418 361-826-8080 14 5901 S. Staples St. / 78413 361-826-8150 15 14202 Commodores Dr. / 78418 361-949-9934 16 8185 State Hwy 361 / 78418 361-826-4183 17 6869 Yorktown / 78414 361-826-8050 18 6226 Ayers / 78415 361-826-8061 Shop/Warehouse 1501 Holly Rd. / 78417 361-826-3923 Old Station 5 3312 Leopard St. / 78408 ------------------ Page 3 of 4 5 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 6 Warranty Warranty on all repairs shall be 90 days or better for all labor and materials Page 4 of 4 Attachment B: Bid/Pricing Schedule S CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1528 Cox 41, Generator Service and Repair for Corpus Christi Fire Department Date: 3/19/2018 PAGE I OF I Loftin Equipment Company, Inc. Authorized Bidder: Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT QTY Unit Price Total Price Technician regular hours - $90.00 $14,400.00 1 Monday thru Friday 8:00am- HRS 160 5:00pm Technician after hours - 2 Monday thru Friday 5:01 pm- HRS 40 $135.00 $5,400.00 7:59am; Saturday/Sunday/holidays 3 Generator Preventative HR 80 $80.00 $6,400.00 Maintenance Price + Item Description Unit Qty % Markup Markup Total 4 Parts EA $10,000.00 25% $12,500.00 Total 1$38,70(Too Total = 2 years of service Attachment C: Insurance Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and 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 B (All States Endorsement if Company is of this Exhibit. not domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 Page 1 of 3 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy, • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy, • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City, and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 3 5. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing Generator Service and Repairs 02/05/2018 sw Risk Management Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS Warranty on all repairs shall be 90 days or better for all labor and materials. Page 1 of 1 CITY COUNCIL EXECUTIVE SUMMARY e Council Priority Not Applicable Staff Contacts: Mark Van Vleck, Assistant City Manager Valerie H. Gray, P.E., Executive Director of Public Works 4 Jay Ellington, Director of Park & Recreation Jeff H. Edmonds, P. E., Director of Engineering Services Meeting Dates Agenda Category Le istar ID April 24, 2018 Motion 18-0426 May 8, 2018 Agenda Title: Construction Contract— Community Park Development and Improvements, West Guth Park PROPOSED ACTIONS/RECOMMENDATIONS ➢ Staff Recommendation: Authorization to execute construction contract o With Mako Contracting, LLC. of Corpus Christi, Texas o In the amount of$909,407.08 for base bid and additive alternates No. 1 & 2 o For the Community Park Development and Improvements —West Guth Park Project SUMMARY ➢ Proposed improvement: o Irrigation upgrades and extensions o New open-air pavilion o Landscaping &trails o Park signage o Disc golf tee-box and basket improvements o Two horse shoe courts o Park entry improvements ■ New stone monument, ■ Landscaping ➢ Future improvements by Park & Recreation Department o New park system equipment ➢ Pool upgrades and improvements performed as a separate project PRIOR COUNCIL ACTION ➢ February 21, 2017 —City Council awarded professional services contract to Turner Ramirez Architects FINANCIAL CONSIDERATIONS ➢ Bond 2012, Proposition 4 ALTERNATIVES ➢ Authorize execution of contract. SUPPORTING DOCUMENTS ➢ Item Details ➢ Project Budget ➢ Location Map ➢ Presentation ➢ Letter of Recommendation FUTURE ACTIONS ➢ Award contract for new park system equipment (Park & Recreation) Project No.E14016 KM/CJ Rev.0—04/02/18 Item Details Legistar # 18-0426 Construction Contract— Community Park Development and Improvements —West Guth Park (Bond 2012, Proposition 4) Council Meeting Dates: Item Being Considered: Future Item —April 24, 2018 Motion Action Item - May 8, 2018 RECOMMENDATION: Authorization to award a construction contract with Mako Contracting, LLC of Corpus Christi, Texas in the amount of$909,407.08 for the Community Park Development and Improvements —West Guth Park project for the base bid plus additive alternates 1 and 2 (Bond 2012, Proposition 4). BASE BID: West Guth Park consists of several improvements to the existing park. A new 6' wide concrete walk around existing pool and parking lot. A new 2200 sq. ft. new open-air pavilion with a new 12' wide stamped concrete walk from new pavilion to existing pool. Landscaping throughout new trails with ornamental and shade trees including irrigation. Existing 18-hole disk golf course will contain new tee- pads, tee signage and removable baskets. ALTERNATE No. 1: Two horse shoe courts with a 12" deep masonry bed. ALTERNATE No. 2: Park entry improvements, a new stone entry monument to replace existing stone monument and landscaping. BID SUMMARY Additive Additive Total Contractor Base Bid Alternate 1 Alternate 2 Base Bid Plus Add. Alt. 1 & 2 Mako Contracting, LLC $842,517.08 $2,950.00 $63,940.00 $909,407.08 Corpus Christi, Texas Gourley Contractors $1,100,093.61 $12,417.10 $115,533.01 $1,228,043.72 Corpus Christi, Texas D&SS Construction $1,112,124.42 $11,808.13 $112,089.96 $1,236,022.51 Corpus Christi, Texas $ 1,219,514 nn ria h r,st�, Te�c� ABBA Construction, LLC $1,268,777.00 $20,000.00 $72,000.00 $1,360,777.00 Laredo, Texas Engineer's Opinion of $1,120,000.00 Probable Construction Cost NOTE: Strikethrough indicates non-responsive bid. Project No. E14016 1 KM/CJ Rev.3—04/11/18 SUMMARY: West Guth Park is a well-used regional park within the Northwest area of the City. Existing pavilion structural integrity is deteriorating and the structure is scheduled to be demolished. The lack of paved walk ways in the park will be addressed with new proposed trails. The proposed trails will include designated areas for landscaping, which are nonexistent in the current park. Other proposed improvements to the park include irrigation upgrades and extensions, a new open-air pavilion, landscaping, trails, park signage, disc golf tee-box and basket improvements. New park system equipment (playscape equipment and bedding with drainage and perimeter curbs, benches, and tables) will be provided and installed by Parks and Recreation Department as a future improvement. The City received bids from five contractors on February 28, 2018. One bid, which was substantially higher in cost than the low bid, was incomplete and was determined to be non-responsive. This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 4 — Parks and Recreation Improvements. Turner Ramirez Architects was selected for this project through RFQ No. 2012-03 dated August 31, 2012. The pool improvements were awarded as a separate project and contract in September 2017 and are in construction phase. PREVIOUS COUNCIL / BOARD ACTIONS: February 21, 2017 — City Council awarded contract to Turner Ramirez Architects for design, bid and construction phase services. Project No. E14016 2 KM/CJ Rev.3—04/11/18 PROJECT BUDGET ESTIMATE Community Park Development and Improvements- West Guth Park Bond 2012, Proposition 4 PROJECT FUNDS AVAILABLE: Park Bond 2012, Proposition 4................................................................................. 1,279,544 TOTAL FUNDS AVAILABLE 1,279,544 FUNDS REQUIRED: Construction Fees:................................................................................................ 1,000,348 Construction (Mako Contracting, LLC) THIS ITEM 909,407 Contingency(10%)......................................................................... 90,941 Construction Inspection and Testing Fees:................................................................. 55,537 Construction Inspection TBD (3%)..................................................... 37,537 Construction Phase- Materials Testing Services .................................. 18,000 Design and Geotechnical Fees:............................................................................... 160,134 Preliminary Engineering (Turner Ramirez Architects).......................... 30,715 Design Engineering (Turner Ramirez Architects)................................ 125,919 Geotechnical Testing (Professional Service Industries, Inc.)................. 3,500 Reimbursements:.................................................................................................. 63,525 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget)......... 25,025 Engineering Services(Project Mgt).................................................. 37,500 Misc. (Printing, Advertising, etc.)...................................................... 1,000 TOTAL 1,279,544 ESTIMATED PROJECT BUDGET BALANCE 0 NUECES RIVER Li NUECES BAY N �o SCALE: N.T.S. F� (i�TO ti O Op0R w Z Q PROJECT LOCATION SHIP CHANN $ CORPUS CHRISTI � ppgRp � z I Q Y QOM � LEOPARD g U a z 44 gq CORPUS CHRISTI p <pk/N 286 INTERNATIONAL ~ AIRPORT ORGP O 358 > M 9l OCA N Z �ti N o � o � MOgRp�� U A. y0< O� <Y h Oji �Q 358 Q� �SgRgTpcq��0 2�Q CABAN I SS FIELD <vC9 Qv 43 2 286 O`s0 2� w Q z OAF U� F Q 2444 LOCATION MAP NOT TO SCALE Project Number: E14016 CITY COUNCIL EXHIBIT West Guth Park (Bond 2012) CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES ,A Corpus Chr sti Engineering Community Park Development and Improvements - West Guth Park Improvements (Bond 2012) Council Presentation April 24, 2018 Project Location Corpus*Ch,sti Engineering NUECES RNER N WEST GUTH PARK NUECES BAY SCALE:N.T.S. (BOND 2012) NNAVILLE of SHIP—INNE h cO��'0oa N - CORPUS CHRISTI <Fp F CIPPI— RO I LEOPARD I �CO 213. AIRPORT TIOCNNL\1EI V ORGP o o �} 3� M�RDCF O�UHgR y Sp �0 2 Project Vicinity Corpus Chr sti C Engineering WEST GUTH PARK N N (BOND 2012) SCALE N Ts. I. ILI 3 ' Project Scope Corpus Chrsti Engineering This project includes: • New 2,200 sf open-air pavilion. • 12-ft wide stamped concrete walkway from new pavilion to the renovated pool expanding 250-ft east to west. • Landscaping throughout new trails with ornamental and shade trees. • Upgraded irrigation system. • New tee pads, signage and removable baskets for existing 18 hole disk golf course. • Alternate 1: Includes two horseshoe courts with 12-inch deep masonry bed. • Alternate 2: Includes park entry improvements to replace existing stone monument and landscaping. Project Schedule Corpus Chr sti Engineering 1 m W W LU a � --,Ia N O z LL. BID / i CONSTRUCTION AWARD i Project Construction Estimate � 7 Months Projected Schedule reflects City Council award in April 2018 with anticipated completion in December 2018. Schematic Design Corpus*Ch,sti Engineering ua xrvEana LEGEND � i.rvEw vnv�uon a.nocKECE neEas ourtr G PARING � ib mNcaara uuir vavaa muarvaau / i�_r000lw_�riu noeaE aez er_cEsc ia.vnaa aurin inwoveaE— \1/ 6 Landscape Plan *Ch,c « ,IAI - . ^0° _ ? g . 7 TURNER I RAMIREZ ARCHITECTS March 7, 2018 Attention:Jeff Edmonds, P.E., Director of Engineering Services Engineering Services City of Corpus Christi 1201 Leopard St., 3rd Floor, P.O. Box 9277 Corpus Christi, TX 78469-927 RE: Project No. E1016 -West Guth Park Improvements (Bond 2012) Mr. Edmonds, Engineering Services received five (5) proposals from bidders Wednesday, February 28, 2018. TurnerlRamirez Architects subsequently reviewed for accuracy and compliance with the bid documents and determined the apparent low bidder is Mako Contracting, LLC, of Corpus Christi, TX. Mako Contracting, LLC, submitted all required documents and acknowledged all requests as set forth in the bid documents prepared by TurnerlRamirez Architects. Based on review of all documents and submitted references, Mako Contracting, LLC, has the qualifications, relevant experience, and capabilities to perform the work. TurnerlRamirez Architects would like to formally recommend the construction contract award to Mako Contracting, LLC of Corpus Christi, TX, in the total amount of $909,407.08 for the West Guth Park Improvements, Project No. E14016, Base Bid plus Additive Alternative No. 1 & No. 2. The construction duration for this project is 210 days of receipt of the notice to proceed. If you have any questions or concerns, please do not hesitate to call me. Sincerely, Philip J. Ramirez, AIA, LEED AP Principal Architect/President TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 1 of 1 se o� � v AGENDA MEMORANDUM NOORP08 IEO Future Item for the City Council Meeting of April 24, 2018 1852 Action Item for the City Council Meeting of May 8, 2018 DATE: April 24, 2018 TO: Margie Rose, City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEllCa-)-cctexas.com (361) 826-3464 Kim Baker, Assistant Director of Financial Services kimb2Ca-)-cctexas.com (361) 826-3169 Playground Equipment and Installation for Phase 2 and 3 of the Play for All Playground at Manuel Q. Salinas Park CAPTION: Motion authorizing an eight-month service agreement for the purchase and installation of playground equipment for phase 2 and 3 for the play for all playground at Manuel Q. Salinas Park from ExerPlay Inc. of Cedar Crest, New Mexico, via BuyBoard, for a total amount not to exceed $202,129.15. PURPOSE: To approve the purchase of playground equipment and installation for new components at the Play for All Playground at Manuel Q. Salinas Park. BACKGROUND AND FINDINGS: This agenda item is to purchase equipment for phase 2 and 3 of Manuel Q. Salinas Park play for all playground to complete the build-out of the City of Corpus Christi's first inclusive playground. This includes additional playground equipment and a shade canopy over a portion of the playground. Funding for this purchase is from the FY 2017 Community Development Block Grant. The equipment identified will allow for use by all abilities and meets goal 3 of the 2012 Parks and Recreation Master Plan by providing additional opportunities for all. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Parks and Recreation FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $225,000.00 $0.00 $225,000.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $202,129.15 $0.00 $202,129.15 BALANCE $22,870.85 $0.00 $22,870.85 Fund(s): CDBG Grants Comments: The playground equipment and installation are designed to complete Phase 2 and 3 of the existing play for all playground at Manuel Q. Salinas Park and is fully funded by a CDBG Grant. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION PLAYGROUND EQUIPMENT BUYER: ROBERTA ORTIZ AND INSTALLATION TLGPC CONTRACT 512-16 EXERPLAY INC. CEDAR CREST, NEW MEXICO UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE PHASE 2-SHADE STRUCTURE Shade-50'x74'Extended Super Hip Shade 1. Sturcture, 14'Entry 1 EA $48,363.00 $48,363.00 2. BuyBoard Contract Discount 1 EA $2,418.15 3. Freight/Shipping Charge 1 EA $1,175.00 $1,175.00 4. Installation of Shade Structure 1 LS $47,734.00 $47,734.00 PHASE 3-EQUIPMENT&FALL ZONE 5. Pla Booster Caro Net Climber 1 EA $10,725.00 $10,725.00 6. Single Post Swing Frame 8'Beam 1 EA $1,115.00 $1,115.00 7. Single Post Swing Frame Addition 1 EA $835.00 $835.00 8. Belt Seat 2 EA $110.00 $220.00 9. Molded Bucket Seat 2 EA $710.00 $1,420.00 10. Oodle Swing 1 EA $4,700.00 $4,700.00 11. Pla Booster Drawing 160817E 1 EA $15,560.00 $15,560.00 12. Tender Tuff Bench 92"with Back 1 EA $535.00 $535.00 13. BuyBoard Contract Discount 1 EA $1,755.50 $1,755.50 14. Freight/Shipping Charge 1 EA $2,340.00 $2,340.00 15. 1 Poured-in-Place 1 LS $40,480.00 $40,480.00 16. BuyBoard Contract Discount 1 EA $2,215.20 17. Installation of Playground Equipment 1 LS $13,167.00 $13,167.00 3200 saft Compacted Aggregate and 165 If 18. Concrete Curbing 1 LS $14,919.00 $14,919.00 19. Required CDBG Project Sin 1 EA $300.00 $300.00 20 Payment and Performance Bond Fee 1 EA $4,930.00 $4,930.00 Total Price $202,129.15 s �o H U Service Agreement No. 58812 "c1852Y° Playground Equipment and Installation Phase 2 & 3 at Manuel Q. Salinas Park THIS Playground Equipment and Installation Phase 2 & 3 at Manuel Q. Salinas Park Service Agreement ("Agreement") is entered into by and between ExerPlay Inc. ("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 playground equipment to include all associated material and installation for phase 2 and 3 at Manuel Q. Salinas Park; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will deliver and install playground equipment and all associated material for Phase 2 & 3 at Manuel Q. Salinas 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 $202,129.15, 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. 15.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 EXerPlay Inc. Contact Charles DeBuck Address: 12001 N Hwy 14 City, State, Cedar Crest, NM, 87008 Phone: (800) 457-5444 Fax: (505) 281 -0155 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 Name: tiarah Love Title: Contract Administrator Date: 04/06M8 CITY OF CORPUS CHRISTI Signature: Printed Name:. Title: Date: Attached and Incorporated 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 .1 . Scope of Work A. Company will provide equipment and installation on selected playground equipment, shade structure and pour in place fall surfacing at Manuel Q. Salinas Park located at 1354 Airport Rd., Corpus Christi, Texas 78415: 1 ) Installation of playgrounds will include (a) Grading for base installation for pour in place surfacing (b) Installation of playground per manufactures instructions 2) Installation of a 3200 square foot compacted aggregate base (a) all material and work to complete compacted aggregate base (b) all material and work to complete clean up. 3) Installation of 3200 SF at required depth per fall height of one poured in place rubber pad including (a)all material and work to complete mixing of bonding agent and rubber surfacing (b) all material and work to complete placement of pour in place rubber pad 4) Installation of 50' X 74' hip shade structure with 14' entry height (a) Installation of playground per manufactures instructions 5) Posting of Community Development Block Grant project sign for duration of project 6) All material and work to complete clean up 1 .2. Installation Phase All installation shall be in accordance with the Public Playground Safety Handbook latest edition produced by the U.S. Consumer Product Safety Commission. Page 1 of 1 Attachment B: Bid/Price Schedule Yla DATE NUMBER PO Box 1160 Crest 505.NM 8870 08-1160r . 155 Toll Free 800.457.5444 Pc 2/12/2018 MM020718-5 www.exerplay.com QUOTATION Quote Prepared for: Purchase Order to be Issued To: City of Corpus Christi Exerplay, Inc. Manuel Salinas PO Box 1160 Cedar Crest, NM 87008-1160 Please fax a copy to Exerplay:505-281-0155 SHIPPED VIA TERMS REP FOB EST. SHIP DATE Common Carrier Net 30 CD CorpusChristi 6- 8 Wks ARO ITEM DESCRIPTION QTY COST TOTAL Manuel Salinas Park Phases 2 & 3 Corpus Christi, TX PHASE 2 LANDSCAPE STRUCTURES Shade 50'x 74' Extended Super Hip SHade Structure, 14' 1 48,363.00 48,363.00 Entry BuyBoard Contract#512-16, 5% -2,418.15 -2,418.15 Freight Freight/shipping charges (111723) 1,175.00 1,175.00 Install Installation of Shade Structure 47,734.00 47,734.00 PHASE 3 LANDSCAPE STRUCTURES PlayBooster Per Drawing#16081 E, Cargo Net Climber and (4) 1 10,725.00 10,725.00 Digifuse Panels 177332A Single Post Swing Frame 8' Beam Height Only 1 1,115.00 1,115.00 177333A Single Post Swing Frame Additional Bay 8' Beam 1 835.00 835.00 Height Only 174018A Belt Seat w/Chains ProGuard Chains for 8' Beam 2 110.00 220.00 Height 177351A Molded Bucket Seat (5-12 yrs)w/Harness & Chains 2 710.00 1,420.00 ProGuard Chains for 8' Beam Height 173592A Oodle®Swing 1 4,700.00 4,700.00 PlayBooster Per Drawing#160817E 1 15,560.00 15,560.00 141683E TenderTuffTA° Bench 92"w/Back, w/o Armrests, DB 1 535.00 535.00 BuyBoard Contract#512-16, 5% -1,755.50 -1,755.50 Freight Freight/shipping charges (150-86-18) 2,340.00 2,340.00 FLEXITURF PIP Poured-in-Place, 4"Thickness in Swing Area, 2" 40,480.00 40,480.00 Thickness at Playground Area, 100% Color, 3200 SgFt, Delivered and Installed BuyBoard Contract#512-16, 5% -2,215.20 -2,215.20 Install Installation of Playground Equipment 13,167.00 13,167.00 Sub Base 3200 sqft Compacted Aggregate and 165 If 14,919.00 14,919.00 Concrete Curbing Quote prepared by Michelle Mckean TOTAL m i ch e Ile(a(exe rp lay.c om Page 1 of 2 PO Box 1160 � CedarxCrest NM 887008-1160.0155 70 08-1160 exe r lay DATE NUMBER Toll Free 800.457.5444c 2/12/2018 MM020718-5 www.exerplay.com QUOTATION Quote Prepared for: Purchase Order to be Issued To: City of Corpus Christi Exerplay, Inc. Manuel Salinas PO Box 1160 Cedar Crest, NM 87008-1160 Please fax a copy to Exerplay:505-281-0155 SHIPPED VIA TERMS REP FOB EST. SHIP DATE Common Carrier Net 30 CD CorpusChristi 6- 8 Wks ARO ITEM DESCRIPTION QTY COST TOTAL Sign CDBG Project Sign 300.00 300.00 Bond Performance/Payment Bond 4,930.00 4,930.00 Notes I Pricing is for the above listed equipment and 0.00 installation only and does not include off loading of equipment at time of delivery, storage, security, site preparation, security fencing, or any applicable permits. -Plywood will be set in place to minimize damage to existing safety surfacing, in the event of damage to existing surfacing, it will be repaired by the surfacing installers -Access for heavy equipment must be available Pricing is good for 90 days. Quote prepared by Michelle Mckean TOTAL $202,129.15 michelle aJ'• P exec Z com Page 2 of 2 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 Contract Administer one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of 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 not Exhibit. 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. Page 2 of 7 E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Parks and Recreation Park Equipment and Installation 01/18/2018 sw Risk Management 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: 58812 - Playground Equipment and Installation Telephone (main number): Phase 2 & 3 at Manuel Q. Salinas Park Telephone (for notice of claim): Local Agent for Surety Award Date of the Contract: Name: 12018 Address: Contract Price: $202,129.15 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 006116- 1 58812- Playground Equipment and Installation Phase 2&3 at Manuel Q. Salinas Park 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 006116-2 58812- Playground Equipment and Installation Phase 2&3 at Manuel Q.Salinas Park 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): 58812- Playground Equipment and Installation Phase 2& 3 at Manuel Q. Salinas Park Telephone (for notice of claim): Award Date of the Contract: Local Agent for Surety 12018 Name: Contract Price: Address: $202,129.15 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 006113- 1 58812-Playground Equipment and Installation Phase 2&3 at Manuel Q.Salinas Park 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 006113-2 58812- Playground Equipment and Installation Phase 2&3 at Manuel Q. Salinas Park 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 46 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 46 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 46 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 46 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 46 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 46 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 46 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 46 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 46 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 46 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: http://www.do1.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 46 (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 46 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 46 (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 46 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 46 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 46 Page 1 of 4 General Decision Number: TX180031 01lG5/2016 TX31 Superseded General Derision Number: TX20170031 State: Texas Construction Type; Heavy Counties: Nueces and San Patricio Counties in Texas. HEAVY CONSTRUCTION PRouECTS (including Sewer and Water Line Construction and Drainage 'Projects) Note: Under Executive Order (EO) 136/58, an hourly minimum gage of $10.35 !or calendar year 2018 applies to all: contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable nage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(x) (2)-(60) . Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification NwOer Publication Date 0 01/05/2018 * SUTX1987-001 12/0111987 Rates Fringes CARPENTER ('Excluding Form Setting) . . . . . . . ... . . . . . . . .. . . . . . .S 9.05 Concrete Finisher. . . . . . . . .. . . . . . .$ 7.56 ELECTRICIAN.. . . . . .. . . ... ... . . . . . .5 13.37 2.58 Laborers: Common.. . . . . . . . ... .... . . . . . .$ 7.25 Utility_ . . . . . .... . .. . . . . .. .S 7.68 Power equipment Operators: Backhoe. . . . . . . . . . . . . . . . . . .$ 9.21 Motor Grader. .. ..... . . . . . . . .S 8.72 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. 111tps:llw,A,v,wdol.go%R//wdollscafilestdavisbaconyTX s!.dvb?art] N20/2018 Page 17 of 46 Page 2 of 4 ----------a iso_e: Exe2utive Order (W) 13706, Establishing Raid Sick Leave for Fede7a,l Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract =s awarded (and any solicitation was issued) on or after ,.1aruawy 1„ 2017. If this contract is covered by the W, the Contractor must provide employees with 1 hour of paid sick leave for every 30 hours -_hey work, ug to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other (health-related needs, including preventive care; to assist a family tafernber (or person who is like family to the employee} who is 1.11, injured, or has other hea.lrri-ralated needs, including preventive care; or for reasons resulting from, Or tc assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.govr/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the ClaeSificat_oa)•a listed may be added after award only as provided in z-3Laborstandards Contract clauses 129CYR 5.5 (a,) (1) (Ji: ) _ The body of each wage determination lista the Classification and wage rates that have bean found to be prevailing for the cited type(a) of construction in the area covered by the wage determinations, Th* classifications. are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (Current union negotiated rate for localM , a survey rate (weighted average rate) or a union average rate (weighted union average rate} . Union Efate Identifiers A tour letter classification abbreviation identifier enclosed in Clotted lines beginning with characters otter than "SU" or %AVG" denotes that the union Classification and rate were prevailing for that classification in the survey. Example: PLUM0196-005 07/011201.4. PLUM is an abbbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicate_ t a local union number or district council number where applicable, i.e., Flumbars Decal 0198. The near mum'her, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective elate of the most current negotiated rate, which in this example is July 1, 2014. [inion prevailing wage rates are updated to reflect all rate changes in the Collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers https,://www-wdol.gov/wdoVWAffllesYdavisbaconrFX+Ldvh?,o-0 3nO/2018 Page 18 of 46 C S 0r4 Classifications listed under the '-SU" identifier indicate that no one rate prevailed for this classification in the survey and rho Vnh7ish4d rate is doriv4d by computing a vaighted avers:qe rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and noxi-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2412 is the year of surrey on which these classifications and rates are based. The near. number, 007 in the example, is an internal number used in prod-u2inq the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that -clnnt-Fier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications, however, 100% of the data reported for the classifications was union data. EXMPLE: UAVG-OH-0010 03/29/2014. UAVG indicates that the rate is a weighted union average rate. Cf1 indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determinatior,. ,W 29/2014 indicates the Survey completion date for the classifications and rates under that identifier. A UAM$ rate will be updated once as year, usually in January of each year, to reflect a weighted average of the current negotiated/00A rats of the union locals from which the rate is based. ---------------------------------------------------------------- MAGE DETERMINATION APPEAIS PROCESS 1. ) Has there been an initial decision in the matter? This can te: * an existing published wage determination * a survey under2ying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter ' a conformance 4a*dditional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey wms rnnt+LrctP%d because those Regional Offices have responsibility for the Davis-Falcon survey program. If the response rrcn t s initial contact is net satisfactory, then the process mesr_iaed in 2.1 and 3a) should be followed. With regard to any other matter not yet ripe for the formal process deser3bed here, initial contact should bo with tha hitps-/Iwww.rvdc4.govAvdol/se4ics/dovisbaco n.+'rX3 l.dvb?v--O 3/2012018 Page 19 of 46 Page 4 of 4 Branch of Construction Wage Determinations, Write tet Branch of Constructions Jage Determinations Wage and Hour Division U.S. Dep,artpyent of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested Party (those affected by the action) can request review and reconsideration from the Mage and Hour Administrator (See 29 GFR Part 1.$ and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage 1SayJnent data, Project description, area practice material, etc.) that the requester considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal dire,-,tiy to the Administrative Review Hoard (formerly the wage Appeals Hoard). Write to! Administrative Peview Board V.SS DepartMent of Labor 204 Constitution Avenue, N.N. Washington, DC 20210 4.) All decisions by the Adtminiatrative Review Beard are final. .............. ....... ETD DF GENERAL RECISION https-./fwww.wdol.gov/ wdoYscari1esldavisbaconrFX31.dvb?v'-0 8 Page 20 of 46 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 21 of 46 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 22 of 46 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 II I 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 23 of 46 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/I HAs are to report all contracts/subcontracts. Page 24 of 46 * 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 25 of 46 q �mpW °' E - w n• a a .4v X39 H s v W a fc r d w, S N a- E 9 v H v w m r OD st "6�6 tICCj '� b Fig y a �o a Uyt 9e U � �•� -� ° sa v Rn o vaW C y v L. H L G y M `� n v T. 7 a .52 d v O � T C p � � �I'L .. �x�•Y. Ile o '� ,+ C p o II II b 11 II II e 10 A 33 u c ❑ P. C w [i a U LT7�j ca U naGi w o A c �8 •- P � � �.� o u CP .fie � ❑ N v � Ll 79 W b Pe �`r u.� •� '� E a+ +�' a 'c II K V II II .� ,- w ,7. U dzi .K a P n wmv «-'• u w CG •�� v�� a xF" � M� d cn © 2-2 02 9- 0 -Vo o so W w a Nw 031 � � ® ?'F^U•-'� C�Opp. m tT 9 ^q m (3 4 �•C' d U A 6 6 OQ p p _ G bll 'p ma N qu � •c sa ia, w m a�Z IG � �._ u n a P ([yy V a Aro °d3 w � cv u m Page 26 of 46 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 Page 1 of 2 form HUD 60002(6/2001) Ref 24 CFR 135 Page 27 of 46 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 28 of 46 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(i)(8) Page 29 of 46 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(i) Page 30 of 46 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 31 of 46 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 32 of 46 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 33 of 46 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 34 of 46 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 35 of 46 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 36 of 46 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. (1) 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 37 of 46 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 38 of 46 FEDERAL REQUIREMENTS: FR-17 WOMEN AND MINORITY OWNED BUSINESSES (MIWBE) 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 39 of 46 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 40 of 46 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 41 of 46 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 42 of 46 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 43 of 46 CDBG PROJECT SIGN Red PROJECT NAME Background Project Address 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 Project Cost: $ Blue Contractor, Background Address- Phone •_ 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 44 of 46 AFFIRMATIVE ACTION PLAN in compliance with Executive Order No. 11246 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 #1 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 45 of 46 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 conjunction with work done, or labor, materials, equipment or services furnished by Contractor under cuntract with the City of Carpus Christi 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 Carpus 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. The above 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 46 of 46 se o� � v AGENDA MEMORANDUM NOORP08 IEO Future Item for the City Council Meeting of April 24, 2018 1852 Action Item for the City Council Meeting of May 8, 2018 DATE: April 24, 2018 TO: Margie C. Rose, City Manager FROM: Jay Ellington, Director of Parks & Recreation JayEll(a�cctexas.com (361) 826-3042 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2(o-)-cctexas.com (361) 826-3169 Purchase of Three John Deer Tractors for Parks Operations, Storm Water Division CAPTION: Motion authorizing the purchase of three John Deere tractors from Ag-Pro of Taft, Texas via BuyBoard, for the total amount not to exceed $57,187.26. PURPOSE: This item is to approve the purchase of three John Deere tractors for Parks Operations, Storm Water Division. BACKGROUND AND FINDINGS: The purchase of the three John Deere tractors are replacement units for unit #4834, a 2005 John Deere tractor; unit #4836 John Deere tractor; and unit #4853, a 2008 John Deere tractor. The tractors will be used by the Storm Water crews. These tractors have reached the end of their life cycle. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Park Operations FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $87,800.00 $0.00 $87,800.00 Encumbered / Expended Amount $26,512.74 $26,512.74 This item $57,187.26 $0.00 $57,187.26 BALANCE $4,100.00 $0.00 $4,100.00 Fund(s): General Fund Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION JOHN DEERE TRACTORS BUYER: MINERVA ALVARADO BUYBOARD CONTRACT: 529-17 Ag-Pro Taft,Texas ITEM DESCRIPTION COST I QUANTITY 1EXTENDED TOTAL 1 M6-111 DTC-F 4WD Farm Tractor $19,062.421 3 1 $57,187.26 TOTAL $57,187.26 CITY COUNCIL EXECUTIVE SUMMARY e Council Priority STREETS Staff Contacts: Mark Van Vleck, Assistant City Manager Valerie H. Gray, P.E., Executive Director of Public Works 4 Jeff H. Edmonds, P. E., Director of Engineering Services Andres Leal, Jr., P.E., Director of Street Operations Meeting Date Agenda Category Le istar ID April 24, 2018 Motion 18-0424 May 8, 2018 Agenda Title: Amendment to Professional Services Contract—Strategic Integration (Travel Demand Model) Feasibility Stud PROPOSED ACTIONS/RECOMMENDATIONS ➢ Staff Recommendation: Authorization to execute Amendment No. 1 to professional services contract o With CDM Smith of Austin, Texas o In the amount of$410,045 o For a total restated fee of$459,998 o For the Strategic Integration (Travel Demand Model) Feasibility Study SUMMARY ➢ Federal Regulations— Metropolitan Planning Organizations (MPOs) develop Metropolitan Transportation Plans (MTPs) o Addresses future transportation demands in region ➢ Texas Department of Transportation (TxDOT) — o Responsible for preparing TDMs for MPOs ("Texas Package") o Does not include certain parameters (mode choice) o Results specific to region ➢ Cities contract consultants to customize Texas Package o Include mode choice o Additional localized data o Results specific to city ➢ Collaborative effort: o Corpus Christi MPO o City of Corpus Christi o Regional Transportation Authority (RTA) o TxDOT PRIOR COUNCIL ACTION ➢ January 17, 2017—City Council approved Advance Funding Agreement (AFA) with TxDOT and Interlocal Agreement ILA with RTA FINANCIAL CONSIDERATIONS ➢ Bond 2014, Proposition 2 — Future TxDOT Participation Project ➢ Additional funding — Federal Grant (through TxDOT), CCMPO contribution ALTERNATIVES ➢ Authorize execution of contract. SUPPORTING DOCUMENTS ➢ Item Details ➢ Project Budget ➢ Location Map ➢ Presentation ➢ Contract FUTURE ACTIONS ➢ None Project No.T16356 SM/VP Rev.0—04/02/18 Item Details Legistar # 18-0424 Amendment to Professional Services Contract— Strategic Integration (Travel Demand Model) Feasibility Study Bond 2014, Proposition 2 — Future TxDOT Partici ation Council Meeting Dates: Item Being Considered: Future Item — April 24, 2018 Motion Action Item - May 8, 2018 RECOMMENDATION: Authorization to execute Amendment No. 1 to a professional services contract with CDM Smith, of Austin, Texas in the amount of $410,045, for a total restated fee of $459,998, for Strategic Integration (Travel Demand Model) Feasibility Study. SUMMARY: Federal planning regulations require Metropolitan Planning Organizations (MPOs)to coordinate with their State to develop Metropolitan Transportation Plans (MTPs)which address future transportation demands in their region. A computer model, known as a travel demand model (TDM), is the tool States use to assist MPOs in forecasting future travel demands. TDMs analyze existing conditions from a "base" year to predict future demands in a "forecast" year (up to 30 years in the future). Streets, urban highways, socioeconomic data (population, employment, etc.), commercial vehicle surveys and air quality surveys are typical data collected, analyzed, and incorporated into a TDM. The Texas Department of Transportation's (TxDOT) Transportation Planning and Programming (TPP) Division is responsible for preparing TDMs for MPOs. TxDOT's travel demand computer model is referred to as the "Texas Package". Some States develop TDMs following a four-step process that includes analysis of trip generation (number of trips made), trip distribution (where the trips go), mode choice (how trips are distributed among various modes of travel), and traffic assignment (which route trips take). The Texas Package does not include mode choice. MPOs for the Houston-Galveston and Dallas-Fort Worth region have taken responsibility for developing their own model. TXDOT provides the "Texas Package" for the remaining 23 of the State's 25 MPOs. MPOs for San Antonio and Austin, which are considered benchmark cities, have used consulting contracts to include mode choice and additional factors unique to their region to enhance the results of the "base" Texas Package. Enhancing the Texas Package permits better forecasting since consultants can input data unique to a specific City or region. TDMs are generally validated every 10 years. The last model update for the Corpus Christi Metropolitan Planning Organization (CCMPO) region, which includes Corpus Christi and portions of Nueces and San Patricio counties, occurred in 2006. Federal grant funding through the CCMPO, with a local match, is available for the City of Corpus Christi to use a qualified consulting firm to optimize the Texas Package through the Strategic Integration (Travel Demand Model) Feasibility Study project. The City will be able to use the mode choice process and input other "localized" data into the Texas Package. The result will be a TDM that is specific and unique to the transportation needs of Corpus Christi and not the entire CCMPO region. An enhanced TDM model, specific to Corpus Christi's conditions, provides a higher quality framework for the decision-making process for investment decisions on street (transportation) programming and expenditures for various City departments including Engineering Services, Development Services, and Project No.T16356 1 SM/VP Rev.0—04/02/18 Street Operations. Enhanced traffic projections will assist in updating the City's Urban Transportation Plan by providing forecasted volumes for integral arterial and collector streets and urban state highways. This more precise model will also assist in revamping existing Area Development Plans to ensure street capacity is adequate for proposed land use, planning and prioritization of street selection for the Street Preventative Maintenance Program and Capital Bond Programming, and planning of master planned streets constructed by private developers. This project is a collaborative effort by the CCMPO, City of Corpus Christi, the Regional Transportation Authority (RTA) and TxDOT. The RTA is sharing costs since this funding opportunity is beneficial to improving their Long-Range Operations Plan and updating their transit network master plan (Transit Plan 20/20). The project will include reviewing existing City, State and Local transportation network plans, evaluating and validating base year assumptions from the most recent Texas Package TDM, incorporating specified data, land use and mode choice (including a transit component) into the TDM, and validating the TDM for the base year and forecast year. Deliverables will focus on supplying methodology, assumptions and results (model, GIS files, etc.) which indicate to the CCMPO, City and RTA the travel demand and projections for existing and planned streets in the City. State guidelines require the results of the study be provided to the CCMPO, but the information will be accessible to both the City and RTA. In February 2017, CDM Smith was selected by Request for Qualifications (RFQ No. 2016-06) as the most qualified consultant to perform the project. Due to the complexity of the project modeling process, CDM Smith began operating under a small contract to begin reviewing and identifying the potential and existing scenarios/parameters and preparing a feasibility report describing the various elements that may impact the efficiency and/or recommendations for improvements/expansions needed to the transportation system to accommodate the continuous growth of the city. PREVIOUS COUNCIL / BOARD ACTIONS: January 17, 2017 — City Council approved execution of an Advance Funding Agreement (AFA) with TxDOT and an Interlocal Agreement (ILA) with RTA for this project. Project No.T16356 2 SM/vP Rev.0—04/02/18 PROJECT BUDGET Strategic Integration (Travel Demand Model) Feasibility Study FUNDS AVAILABLE: Texas Department of Transportation................................................................. $ 368,000 Regional Transportation Authority..................................................................... 55,200 Street Bond 2014, Proposition 2....................................................................... 87,400 TOTAL .. $ 510,600 FUNDS REQUIRED: Study: Feasibility Study............................................................................................ $ 459,998 Consultant (CDM Smith) Phase 1.................................................. 49,953 Consultant (CDM Smith) Phase 2 (this item) 410,045 TxDOT Costs: Advance Funding Agreement- Initial Payment for State Oversight.......................... 18,400 Reimbursements: Total Reimbursements................................................................................... 25,530 Administration (Engineering/Capital Budget/Finance)......................... 10,212 Engineering Services (Project Mgt/Constr Mgt/Land Acq Svcs) ........... 15,318 Miscellaneous (Printing, Advertising, etc.)........................................ - TOTAL ... ... $ 503,928 ESTIMATED PROJECT BUDGET BALANCE ... $ 6,672 + I N SCALE: N.T.S. CITYWIDE PROJECT o � NUECES BAY 0 wh qv CORPUS CHRISD i 4 M M g CORPUS CHRISH BAY N g F CINIBII tl pp OSD BAY HAYLL NR SM1pH C 0°6 u FLOUR BEUFF am LAGUM WORE GULF OF MDOCD LOCATION MAP NOT TO SCALE Project Number: T16356 Strategic Integration Travel Demand CITY COUNCIL EXHIBIT Model Feasibility Study CITYOFCOFENGINRPUS ERIN TEXAS ERV - DEPARTMENT OF ENGINEERING SERVICES �.rw Corpus Chr sti Engineering Strategic Integration (Travel Demand Model) Feasibility Study Council Presentation April 24, 2018 10) Travel Demand Model (TDM) Corpus cnr'sti Engineering • Computer Model • Uses Equations and Data to Predict Travel Choices of Motorists • Measures Future Travel Demand • Predicts Where People are Traveling To and From • Predicts Routes Chosen • Agencies Use TDMs for Transportation Planning • Predicts the Amount of Traffic on Streets in the Future • Determine Development Impacts on Street Infrastructure • Guide Decision Making for Transportation Planning and Investments Urban Transportation Plan (UTP)Map Carpus Chest Engineering • Master Plan for Existing & Proposed City Street Network • Classifies Streets by Function & Projected Volumes • Guides Future Investment Decisions • Determines ROW Dedication Required • Determines Future Land Use •; __ 0. • Utilized by Various City Departments • Development Services �. • Engineering Services F • Street Operations - Traffic Engineering • Planning & Environmental/Strategic Initiatives 3 3 Project Tasks Corpus Chr st Engineering • Review Existing City and RTA Master Plans • Validate Travel Demand Model Assessment • Incorporate RTA Transit Data, Land Use, Mode Choice, etc. Project Scheduleco,p,,s cn,5t CEngineering i 2019 M I J J A I S 1 O F N I D J F Study Underway Estimated Completion Time is 10 months. 5 Corpus Chrsti Engineering Questions? 6 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES T16356 Strategic Integration Travel Demand Model Feasibility Study 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 CDM Smith, a Texas corporation, 9430 Research Blvd, Suite 1-200, Austin, Texas 78759, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL-----------------------------------------------------------------------3 ARTICLE III COMPENSATION----------------------------------------------------------------------------3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V OPINIONS OF COST ----------------------------------------------------------------------5 ARTICLE VI INSURANCE REQUIREMENTS......................................................5 ARTICLE VII INDEMNIFICATION.........................................................................5 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT....................................................7 ARTICLE X OWNER REMEDIES -----------------------------------------------------------------------7 ARTICLE XI CONSULTANT REMEDIES.............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS .................................................10 EXHIBITS Page 1 Rev.04/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\T16356 STRATEGIC INTEGRATION FEASIBILTY STUDY(TRAVEL DEMAND MODEL)\CONSULTANT CDM SMITH\2 AMENDMENT NO. 1\2018-0126 CONTRACT PROFESSIONAL SERVICES.DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the% of work performed by subconsultant (in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts,eYGeFpt atter o a Cxhihi4 n 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 AaPd 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 31d party owners/operators. Page 2 Rev.04/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\T16356 STRATEGIC INTEGRATION FEASIBILTY STUDY(TRAVEL DEMAND MODEL)\CONSULTANT CDM SMITH\2 AMENDMENT NO. 1\2018-0126 CONTRACT PROFESSIONAL SERVICES.DOC 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. ARTICLE II —QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews(QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $410,045, for a total restated fee not to exceed $459,998. 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. Gep'si 01tapt shall 5S.-A-Mot a Rate C`nhea--Floy0ith their pFepesal City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3)days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis,the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. Page 3 Rev.04/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\T16356 STRATEGIC INTEGRATION FEASIBILTY STUDY(TRAVEL DEMAND MODEL)\CONSULTANT CDM SMITH\2 AMENDMENT NO. 1\2018-0126 CONTRACT PROFESSIONAL SERVICES.DOC 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BYANYONE CLAIMING BY,THROUGH OR UNDERTHE 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). Page 4 Rev.04/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\T16356 STRATEGIC INTEGRATION FEASIBILTY STUDY(TRAVEL DEMAND MODEL)\CONSULTANT CDM SMITH\2 AMENDMENT NO. 1\2018-0126 CONTRACT PROFESSIONAL SERVICES.DOC 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project' refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V—OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's bestjudgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Page 5 Rev.04/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\T16356 STRATEGIC INTEGRATION FEASIBILTY STUDY(TRAVEL DEMAND MODEL)\CONSULTANT CDM SMITH\2 AMENDMENT NO. 1\2018-0126 CONTRACT PROFESSIONAL SERVICES.DOC Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VIII —TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Page 6 Rev.04/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\T16356 STRATEGIC INTEGRATION FEASIBILTY STUDY(TRAVEL DEMAND MODEL)\CONSULTANT CDM SMITH\2 AMENDMENT NO. 1\2018-0126 CONTRACT PROFESSIONAL SERVICES.DOC 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX— RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures,and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X—OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the Page 7 Rev.04/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\T16356 STRATEGIC INTEGRATION FEASIBILTY STUDY(TRAVEL DEMAND MODEL)\CONSULTANT CDM SMITH\2 AMENDMENT NO. 1\2018-0126 CONTRACT PROFESSIONAL SERVICES.DOC documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed Page 8 Rev.04/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\T16356 STRATEGIC INTEGRATION FEASIBILTY STUDY(TRAVEL DEMAND MODEL)\CONSULTANT CDM SMITH\2 AMENDMENT NO. 1\2018-0126 CONTRACT PROFESSIONAL SERVICES.DOC diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process 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 I n case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Page 9 Rev.04/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\T16356 STRATEGIC INTEGRATION FEASIBILTY STUDY(TRAVEL DEMAND MODEL)\CONSULTANT CDM SMITH\2 AMENDMENT NO. 1\2018-0126 CONTRACT PROFESSIONAL SERVICES.DOC ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate 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 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.6 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. 13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. 13.9 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. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf—info—form1295.htm. The form must then be printed, signed 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. Page 10 Rev.04/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\T16356 STRATEGIC INTEGRATION FEASIBILTY STUDY(TRAVEL DEMAND MODEL)\CONSULTANT CDM SMITH\2 AMENDMENT NO. 1\2018-0126 CONTRACT PROFESSIONAL SERVICES.DOC 13.10 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.co m/govern ment/city-secreta ry/conflict-d isclos ure/index. 13.11 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. 13.12 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 anyArticle, 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. 13.13 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 COM H Jeff H. Edmonds, P. E., Date Sean Tenney, Date Director of Engineering Services Vice Presid t 9430 Res h Blvd, Suite 1-200 Austin, T 78759 APPROVED AS TO LEGAL FORM (512) 652-5330 Office (512) 745-1452 Mobile tenneysp@cdmsmith.com Assistant City Attorney Date ATTEST City Secretary Date Page 11 Rev.04117 K.IENGINEERING OATAEXCHANGEIVELMAPISTREETITI6358 STRATEGIC INTEGRATION FEASIBILTY STUDY(TRAVEL DEMAND MODEL)ICONSULTANT COM SMITHs2 AMENDMENT NO. IU019-1126 CONTRACT PROFESSIONAL SERVICES-DOC Strategic Integration Travel Demand Model Feasibility Study Phase 1 (Project No. T16356) Accounting Unit 3530-051 Account 550950 Activity T16356-01-3530-EXP Account Category 50950 Fund Name Street CIP Page 12 Rev.04/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\T16356 STRATEGIC INTEGRATION FEASIBILTY STUDY(TRAVEL DEMAND MODEL)\CONSULTANT CDM SMITH\2 AMENDMENT NO. 1\2018-0126 CONTRACT PROFESSIONAL SERVICES.DOC E16356 Strategic Integration Travel Demand Model Feasibility Study — Phase Il Proposed Phase II Scope of Work At the Travel Demand Model [TDM] Strategic Integration project kickoff meeting,the CDM Smith team was asked to prepare a Phase I scope of work for immediate implementation, to be complemented by a Phase II scope of work that would complete the project.In the Phase I scope of work, the foundational elements that define the structure for each of the project tasks are to be developed. The Phase II scope of work will then complete each task. The ultimate goal of this project is to develop the TDM as a comprehensive forecasting system to support a wider range of infrastructure planning. The model will coordinate long-range transportation planning with planning for other infrastructure elements to support the development of efficient choices for capital expenditures that are reasonable, responsible, and efficient. This scope of work consists of a set of independent but related and mutually supportive enhancements,and has categorized them into four tasks: 1. Plan Consistency,to review local plans and programs and promote coordination of local data to support the TDM. 2. Model Performance, to identify updates to the TDM structure and associated data requirements and to implement those enhancements. 3. Model Scenarios, to define various development scenarios and provide associated TDM input files. 4. Transit Modeling,to define and develop a transit model using the STOPS model. The following sections describe the efforts proposed for the Phase II scope of work. Task 1: Plan Consistency Context The purpose of this Phase II scope is to review applicable local plans and programs to promote coordination of local data to support the TDM. The work will include a review of the model definitions and parameters, and will identify how local and regional plans can be coordinated for use in the TDM. This task will explore opportunities for making the overall planning process smoother and as consistent as is practical among the various local entities for the development of the TDM. Tasks The CDM Smith team shall: AMEND. NO. 1 EXHIBIT "A" Page 1 of 5 Travel Demand Model Strategic integration • Proposed Phase EI Scope of Work 1. Based on the review of the plans and programs from the City of Corpus Christi,Corpus Christi MPO,and Corpus Christi Regional Transit Authority(CCRTA)thatwere identified and collected under the Phase I Scope of Work, determine areas of potential commonality and consistency for their applicability to the TDM. 2. Determine the overlapping geographic areas and functional areas among the various plans and programs. 3. Determine the varying and overlapping definitions and metrics used in the various plans and programs. Evaluate the compatibility and conflicts, and detail the advantages and disadvantages of coordination among plans,consolidation to common definitions and metrics, or retaining definitions and metrics unique to a particular plan or program. For example,the City of Corpus Christi has defined nine planning areas, used as the basis for the Area Development Plans. However, the Parks & Recreation Department has defined seven park planning areas,covering most of the same area with different boundaries. The compatibility of the boundaries,their respective uses,and the needs or barriers to coordination between these two programs will be reviewed and detailed. Deliverables • A brief technical memorandum which outlines the compatibility and conflicts among various plans and programs,and details the potential for coordination. The memorandum will be supported by a set of parsed, edited, and formatted GIS layers showing the geographic coverage and common elements of the various plans, collated into a single geodatabase. Task 2: Model Performance Context The purpose of this Phase ll scope task is to conduct a more intensive review of the 2006 validated TDM for implementing up to three model enhancements.The potential model enhancements are identified in Phase 1, and include geographic focus on areas, special generators, or corridors, feedback loops,time-of-day modeling, and new trip types. Up to three model enhancements will be agreed upon and implemented into the TDM. The selected enhancements will be evaluated based on available data,specific geographic areas of interest,and planning areas of interest. Tasks The CDM Smith team shall: 1. Review model performance in no more than five specific geographic or planning areas of interest for intensive model performance review, based on the areas defined under the Phase I Scope of Work. The review will use the model performance criteria defined under the Phase 1 Scope of Work. 2. Define no more than three model enhancements to be implemented in the 2006 model. 3. Coordinate with the City of Corpus Christi, Corpus Christi MPO, Corpus Christi Regional Transit Authority (CCRTA),and TOOT Transportation Planning& Programming Division (TPP) modelers to ensure that each model performance enhancement is consistent with their particular needs. 2 AMEND. NO. 7 EXHIBIT "A" Page 2 of 5 Travel Demand Model Strategic Integration • Proposed Phase 11 Scope of Work 4. Implement no more than three model enhancements and re-validate the model the 2006 travel demand model. This task will include an interim review of the enhancements during implementation to assess their performance and evaluate options in the design of the enhancements. S. Document the results of the enhancements in a brief technical memorandum. Deliverables • A brief technical memorandum which details model performance for the defined geographic or planning areas,and outlines the strategies,tools,and data requirements for potential model enhancements. Each potential model enhancement will be detailed with its anticipated improvement to model performance,implementation needs,data needs,and any related issues. • An interim version of the enhanced model for review,showing how well the enhancements are performing and allowing for possible options in the design of the enhancements to improve their performance. • A brief technical memorandum describing the implementation of the selected model enhancements,and detailing the difference in performance between the original model and the enhanced model. Model performance will be evaluated with all enhancements in place, rather than implementing each enhancement by itself. Any model operations or data requirements beyond standard TxDOT-TPP practice will be detailed in the memorandum. • The enhanced and re-validated 2006 travel demand model will itself be a deliverable. The model will be formatted as a complete package with TransCAD layers,TRIPCALS,ATOM2, and associated data files in standard TxDOT formats. The TxDOT-TPP Modeling Dashboard will be used if it is provided to the consultant team. • The Final deliverables will include an in-person meeting to allow a demonstration of the enhanced model to be presented. Task 3: Model Scenarios Context The framework of model scenarios for multiple forecast years to test different assumptions or trends will have been developed under Phase I Scope of Work. Work in Phase 11 will select no more than three scenarios for implementation into the enhanced model. Tasks The CDM Smith team shall: 1. Develop the input files for up to three demographic or network scenarios and implement them into the model. 2. Run the model for each scenario and document modeled statistics. Deliverables • A brief technical memorandum which documents the development of the model input files and the modeled statistics for each scenario. Statistics for the base scenario will be included for comparison. 3 AMEND. NO. 1 EXHIBIT "A" Page 3 of 5 Travel demand Model Strategic Integration • Proposed Phase E!Scope of Work • The scenarios will each be delivered as a separate and complete model package with TransCAD layers,TRIPCAL5,ATOM2,and associated data files in standard TxDOT formats. The TxDOT-TPP Modeling Dashboard will be used if it is provided to the consultant team. Task 4: Transit Modeling Context The modeling needs and outline for implementing the Simplified Trips-On-Project software (STOPS)sketch-level transit model will have been developed under Phase I Scope of Work. In this Phase II task,the STOPS model will be implemented within the travel demand model for the 2006 base year and no more than three 2040 forecast scenarios as defined in Task 3. Tusks The CDM Smith team shall: 1. Implement the STOPS model in the base year TDM and document its statistics. 2. Implement the STOPS model for no more than three forecast year scenarios and document their statistics. 3. Prepare documentation for the STOPS model that outlines its requirements and operation. Deliverables • A brief technical memorandum which documents the data requirements and operation of the STOPS model. Statistics for the base scenario will be included for comparison. • The complete STOPS model files for the base year and each scenario will each be delivered as a separate and complete model package with TransCAD layers,TRIPCAL5,ATOM2,and associated data files in standard TxDOT formats. The TxDOT-TPP Modeling Dashboard will be used if it is provided to the consultant team. Whether the dashboard is available or not, all new file structures, naming conventions,and formats will be coordinated with TxDOT- TPP to be compatible with the dashboard and support logical and clear file management. Budget and Schedule The budget and schedule for all four Phase II Scope of Work tasks are shown in the associated spreadsheet. The total budget for all Phase II Scope of Work tasks and deliverables is$410,045. The budget tab of the spreadsheet details the number of hours,raw and loaded rates,and direct expenses for each task and deliverable. The schedule tab on the spreadsheet shows a total of ten months of working time for Phase II tasks and deliverables. Each task includes a draft deliverable, two weeks for review, and a final deliverable. Phase 11 tasks are scheduled commence in upon completion of phase I Scope of Work. Some tasks are performed concurrently. The Task 2 model performance enhancements and the Task 4 STOPS model all require travel demand model re-validation and so must be coordinated tasks,and likewise the Task 3 model scenarios define inputs for the Task 4 STOPS model and must coordinate work. 4 AMEND. NO. 1 EXHIBIT "A" Page 4 of 5 - ,■ . . _ � & :n Q 3 .� _ ; « :I § .■ » . , . 3 ) \ \ f � .. k k k � ] § \ k k r a) ° 2 £ < 2 E m / ) CL @cwLL 8 c . § 3 - d (n k ° § B ) k kE / � 2 22 22 B m0 CD .3 § . § g e § 2 0 2 \ . / k ` w § k k \ \ R 0 \ . m § 2 § § 2 ` 12 2 2 ] 2 . 2 2 : � 2 - . r k k E ' ° § k g 8 ] 2 2 ) a @ 3 / ; & / t § k 0151$ e ' 2J ).i } $ k / m § kJ2L wL $ k ■ ■ e B g B 2 U e ! § e CL C • O � a a � a o 2 CL a � a ) E a | @ @ ¥ @ . ® @ a k 6 a . w @ § . w w § @ ' w w @ � w n @ 414,41 AMEND. NO. 1 EXHIBIT "A" Page 5 D 6 EXHIBIT B SAMPLE PAYMENT REQUEST FORM Sample form for: COMPLETE PROJECT NAME Payment Request Revised 07127100 Project No.XXXX Invoice No. 12345 invoice Date: Total Amount Previous Total Percent Basic Services: Contract Amd No. 1 Amd No.2 Contract Invoiced Invoice Invoice Complete Preliminary Phase $9,000 $0 $0 $1,000 $0 $1,000 $1,000 100% Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50% Bid Phase 500 0 250 750 0 0 0 0% Construction Phase 2,500 0 1,000 3,500 0 0 0 0% Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services: Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25% Warranty Phase 0 1,120 0 1,120 0 0 0 0% Inspection 0 0 1,627 1,627 0 0 0 0% Platting Survey TBD TBD TBD TBD TBD TBD TBD 0% O& M Manuals TBD TBD TBD TBD TBD TBD TBD 0% SCADA TBD TBD TBD TBD TBD TBD TBD 0% Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% Summary of Fees Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services Fees 1 2,000 1,120 1,627 4,747 500 0 500 11% Total of Fees 1 $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Contract for Professional Services EXHIBIT C Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1 ,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1 .3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 Contract for Professional Services 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1 .6.1 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder. 1.6.2 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5)calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Contract for Professional Services SUPPLIER NUMBER TO BE ASSIGNED BY CrY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Cot-pus 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 "IATA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: CDM Smith P. O.BOX: STREET ADDRESS: 9430 Research Blvd,suite 1-200 CITY: Austin ZIP: 78759- FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner ❑ 4. Association ® 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) NIA 2. State the names of each"official"of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Title NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or Committee NIA 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 I FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and con-cot as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: S-e� -eA4 Title: Ll rte- Pres, (Type or Print) Signature of Certifying �� Date: /����� Person: NI;TYONS 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 Iikely 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. se GO O Va. v AGENDA MEMORANDUM NORROPPEFuture Item for the City Council Meeting of April 24, 2018 1852 Action Item for the City Council Meeting of May 8, 2018 DATE: April 24, 2018 TO: Margie C. Rose, City Manager FROM: Andres Leal, Jr., P.E., Director of Street Operations andyl ccD..cctexas.com (361) 857-1957 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2�cctexas.com (361) 826-3169 Purchase of Traffic Signal Control Cabinets for Street Operations CAPTION: Motion authorizing the purchase of ten traffic signal control cabinets from Mobotrex of Davenport, Iowa, via BuyBoard, for the total amount not to exceed $81,500.00. PURPOSE: This item is to approve the purchase of ten traffic signal control cabinets for Street Operations. BACKGROUND AND FINDINGS: The purchase of these traffic signal control cabinets will replace obsolete equipment currently in use. These cabinets will improve traffic management operations and are part of the Traffic Management Center Development Plan. The cabinets have various components of substantial value that control and coordinate pedestrian and vehicular traffic. They also assist with safe traveling of the public. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Street Operations FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $200,000.00 $0.00 $200,000.00 Encumbered / Expended Amount $91,850.00 $91,850.00 This item $81,500.00 $0.00 $81,500.00 BALANCE $26,650.00 $0.00 $26,650.00 Fund(s): Streets Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi Price Sheet Purchasing Division Traffic Control Cabinets Buyer: Cynthia Perez Buyboard Contract 534-17 Mobotrex ITEM DESCRIPTION COST I QUANTITY EXTENDED TOTAL 1 ICabinet: CAB256-2101-305 $8,150.001 10 1 $81,500.00 TOTAL $81,500.00 se o� � AGENDA MEMORANDUM NCORP08 I Future Item for the City Council Meeting of April 24, 2018 1852 Action Item for the City Council Meeting of May 8, 2018 DATE: April 24, 2018 TO: Margie C. Rose, City Manager FROM: Andres Leal, Jr., P.E., Director of Street Operations andyl(c�cctexas.com (361) 857-1957 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2Ca-)_cctexas.com (361) 826-3169 Wavetronix Radar Detection Systems for Street Operations CAPTION: Motion authorizing the purchase of five Wavetronix radar detection systems from Twincrest Technologies of Fort Worth, Texas via Houston-Galveston Area Council for a total amount not to exceed $91,850.00. PURPOSE: This item is to approve the purchase of five Wavetronix radar detection systems for Street Operations. BACKGROUND AND FINDINGS: Radar detection systems are the new standard for traffic signal vehicle detection. These radar detection systems will be replacing the video detection systems currently in the field that are no longer working or serviceable. Many of these older units require maintenance every two weeks to clean the camera lenses. The new radar detection system will improve traffic flow and vehicle detection. They are more reliable, have better technology and are not affected by weather events unlike the existing video detection systems. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Street Fund FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $200,000.00 0 $200,000.00 Encumbered / Expended Amount $81,500.00 $81,500.00 This item $91,850.00 0 $91,850.00 BALANCE $26,650.00 0 $26,650.00 Fund(s): Street Fund Comments: The initial cost is $91,850.00 is funded in FY2017-18 by the Street Operations. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet PRICE SHEET CITY OF CORPUS CHRISTI TWINCREST TECHNOLOGIES PURCHASING DIVISION FORT WORTH,TEXAS Wavetronix Radar Detection Systems for Street Operations Item Equipment Name and Description Qty Unit Unit Price Total 1 WX-SS-225-4AC-650,4 Matrix System with Click 650 5 EA $16,180.00 $80,900.00 2 Wx-ss-704-060,20-ft Sensor Pigtail 20 EA $135.00 $2,700.00 TFI-MRX-ADV-CBL,6-Conductor Matrix/Advance Home 3 Run Cable 5,000 LF $1.65 $8,250.00 Grand Total 1 $91,850.00 se o� Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of April 24, 2018 "`O""°p"`EAction Item for the Cit Council Meeting of May 8, 2018 1852 Y g Y DATE: April 24, 2018 TO: Margie C. Rose, City Manager FROM: Lawrence Mikolajczyk., Director of Solid Waste Operations lawm(c)cctexas.com (361) 857-1957 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2Ca-)_cctexas.com (361) 826-3169 Service Agreement for Crushed Concrete for Solid Waste Operations for 12 months for a Total Amount Not to Exceed $61,500.00, with One Additional One-Year period and Total Potential Multi-Year amount of $123,000.00 CAPTION: Motion authorizing a one-year supply agreement with Southern Crushed Concrete of The Woodlands, Texas for crushed concrete for a total amount not to exceed $61 ,500.00, with a one-year option for a total potential multi-year amount of $123,000.00. PURPOSE: This supply agreement will be utilized by the Solid Waste Department to renovate the roadways at Cefe Landfill (Unit 1) and JC Elliott Transfer Station. BACKGROUND AND FINDINGS: The Cefe Landfill needs better roadways around the perimeter and internal areas to gain access to active areas. In addition, these materials will be used to construct wet weather pads at the Cefe Landfill and JC Elliott Transfer Station. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received one bid; staff conducted a price comparison with a local vendor and has established that the bid submitted was fair and reasonable. Staff recommends award to Southern Crushed Concrete. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Solid Waste Operations FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $239,058.94 $97,375.00 $336,433.94 Encumbered / Expended Amount 213,410.69 $0.00 $213,410.69 This item $25,625.00 $97,375.00 $123,000.00 BALANCE $23.25 $0.00 $23.25 Fund(s): Solid Waste Comments: The initial contract term total is $61,500.00 of which $25,625.00 will be funded in FY2017- 18. The total estimated contract value will be $123,000.00 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation Purchasing Division City of Corpus Christi Bid Tabulation Bid No: 1547 Buyer: Cynthia Perez Crushed Concrete for SW Operations Southern Crushed Concrete The Woodlands, Texas ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE 1 Crushed Concrete Tons 3,000 $20.50 $61,500.00 TOTAL $61,500.00 mUs c.� �o w A SUPPLY AGREEMENT NO. 1547 U Crushed Concrete for Solid Waste Operations yaeaoRp 1852 THIS Crushed Concrete for Solid Waste Operations Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Southern Crushed Concrete ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Crushed Concrete for Solid Waste Operations in response to Request for Bid No. 1547 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Crushed Concrete for Solid Waste Operations in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. The parties may mutually extend the term of this Agreement for up to one additional twelve-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $61 ,500.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Name: Tony Benavides Department: Solid Waste Operations Phone: (361 ) 826-8034 Email: TonyB@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. (A) The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Tony Benavides Title: Interim Assistant Director Address: 2397 County Road 20, Robstown, TX 78380 Phone: (361 ) 826-8034 Fax: (361) 826-1971 IF TO SUPPLIER: Southern Crushed Concrete Attn: Cruz E. Aguilar Title: Area Business Manager Address: 1725 Hughes Landing Blvd., Suite 1200, The Woodlands, TX 77380 Phone : (361) 446-4602 Fax: N/A 17. SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits), B. its attachments, C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Supplier's bid response (Exhibit 2). 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel, and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Supplier verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 SUPPLIER Signature: Printed Name: C� Title: Prr,&A, &AGIn65 Date: IF CITY OF CORPUS CHRIST[ Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB No. 1547 Exhibit 2: Supplier's Bid Response f Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide crushed concrete to be used as base material for roadways and the construction of wet weather pads and roadways throughout the landfills as outlined in this Scope of Work. 1.2 Scope of Work The crushed concrete shall meet TXDOT Specification Item 247 Flexible Base Type D. 1.3 Delivery Instructions and Locations A. Materials shall be delivered as follows: 1 . at the discretion of the Landfill 2. as needed by the Landfill 3. within a 24 hour from initial call 4. Landfill personnel will specify the delivery of the material by either an end dump or belly dump. 5. Location of the delivery within the Landfill will be determined by Landfill Staff. Landfill Locations Cefe Landfill --- 2369 CR 20 Robstown Texas Elliott Landfill --- 7001 Ayers Corpus Christi, Texas 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. Attachment B - Bid/Pricing Schedule S CITY OF CORPUS CHRISTI 0 BID FORM a000PONAtEp RFB No. 1547 1852 Crushed Concrete for Solid Waste Operations Date: 1y 1 -LJ",uthorized 5�57 PAGE 1 Bidder: &WN gnature: 1. Refer to "Instructions to Bidders" and Contract Terms and fitiodg2ore completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. 4. Bidders must not write over or revise the bid form. Bidders will be considered Non- Responsive if the bid form is modified. Item Description UNIT 1 -YR Unit Price Total Price QTY -1 Crushed Concrete Tons 3,0100 Page 20 of 21 RFB Template Revised 04.28.17 Attachment C - Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Solid Waste Director one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1 ,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this Exhibit. not domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy, • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy, • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City, and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Solid Waste Department Crushed Concrete Delivery for Road Base 01/31 /2018 sw Risk Management Valid Through 12/31 /2018 Attachment D - Warranty Requirements No warranty requirements necessary for this supply agreement; Section 8. Warranty is null for this supply agreement. muS c� w �a o F v AGENDA MEMORANDUM NCpppppp{EQ Future Item for the City Council Meeting of April 24, 2018 1852 Action Item for the City Council Meeting May 8, 2018 DATE: April 24, 2018 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive Director of Utilities Dane(acctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services — Purchasing Division Kim B2(a-).cctexas.com (361) 826-3169 Non-Shear Flexible Couplings Supply Agreement CAPTION: Motion authorizing a 36-month supply agreement with Ferguson Enterprises, Inc., of Corpus Christi, Texas, for non-shear flexible couplings for a total amount not to exceed $220,321.13. PURPOSE: This is a motion to approve a supply agreement for non-shear flexible couplings for the Utilities Department. BACKGROUND AND FINDINGS: The non-shear flexible couplings are stocked by the warehouse and used by the Utilities Department for new service and repair of existing maintenance of water lines. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received three responsive, responsible bids, and is recommending the award to the lowest responsive, responsible bidder, Ferguson Enterprises, Inc. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Finance FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $2,800,195.15 $189,720.97 $2,989,916.12 Encumbered / Expended Amount $915,670.67 $0 $915,670.67 This item $30,600.16 $189,720.97 $220,321.13 BALANCE $1 ,853,924.32 $0 $1 ,853,924.32 Fund(s): Stores Comments: The initial contract is for an amount not to exceed $220,321.13 for three years, with an estimated expenditure of $30,600.16. funded in FY2017-18. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement City of Corpus Christi Bid Tabulation Purchasing Division RFB No.1519 Buyer:Cynthia Perez Non-Shear Flexible Couplings Core&Main,LP Gripper Gasket LLC Ferguson Enterprises Inc. Corpus Christi,TX Corona,CA Corpus Christi,TX Item Description Unit QTY Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 City Stock No.1817-3CI PVC x 3 Cl PVC Coup EA 81 $11.25 $911.25 $11.07 $896.67 $10.919 $ 884.44 RC,Model#F105633 RC 2 City Stock No.1818-4 Clay x 3 Cl PVC Coup RC, EA 36 $22.80 $820.80 $22.39 $806.04 $22.112 Model#F500243RC $ 796.03 3 City Stock No.1819-4 Cl PVC x 4 Cl PVC Coup EA 2,595 $14.30 $37,108.50 $14.08 $36,537.60 $14.340 RC,Model#F505644RC $ 37,212.30 4 City Stock No.1820-4 Clay x 4 S40 PVC Coup RC EA 2,859 $21.00 $60,039.00 $20.64 $59,009.76 $21.031 Model#F500244RC $ 60,127.63 5 City Stock No.1826-6 Clay x 6 S40 PVC Coup EA 1,152 $35.65 $41,068.80 $35.01 $40,331.52 $35.664 RC Model#500266RC $ 41,084.93 6 City Stock No.1827-6 Clay x 6 Clay Coup RC, EA 6 $27.30 $163.80 $26.82 $160.92 $27.327 Model#F500166RC $ 163.96 7 City Stock No.1828-6 Cl PVC x 6 PVC Coup RC, EA 528 $27.30 $14,414.40 $26.82 $14,160.96 $26.768 Model#F505688RC $ 14,133.50 8 City Stock No.1829-8CI PVC x 8 Cl PVC Coup EA 408 $40.55 $16,544.40 $59.82 $24,406.56 $39.343 RC,Model#F505688 RC $ 16,051.94 9 City Stock No.1830-8 Clay x Clay Coup RC, EA 6 $40.55 $243.30 $39.82 $238.92 $39.343 Model#F500188RC $ 236.06 10 City Stock No.1831-8 Clay x 8 Ci PVC Coup RC, EA 714 $40.55 $28,952.70 $39.82 $28,431.48 $40.573 Model#F500288RC $ 28,969.12 11 City Stock No.1832-10 Cl PVC x 10 Cl PVC EA 36 $52.75 $1,899.00 $51.80 $1,864.80 $51.699 Coup RC,Model#F50561010RC $ 1,861.16 12 City Stock No.1833-10 Clay x 10 Cl PVC Coup EA 72 $52.75 $3,798.00 $53.30 $3,837.60 $51.699 RC,Model#F50021010RC $ 3,722.33 13 City Stock No.4560-15 Clay x 15 Cl PVC Coup EA 36 $192.25 $6,921.00 $98.62 $3,550.32 $186.488 RC Model#F50021215RC $ 6,713.57 14 City Stock No.4561-15 Cl PVC x 15 Cl PVC Coup EA 36 $110.30 $3,970.80 $108.36 $3,900.96 $107.044 $ 3,853.58 RC,Model#F50561515RC City Stock No.4565-12 Clay x 12 Cl PVC Coup EA 36 $64.55 $2,323.80 $63.41 $2,282.76 $62.647 15 RC,Model#F50021212RC $ 2,255.29 City Stock No.4583-12 Cl PVC x 12 PVC Coup EA 36 $64.55 $2,323.80 $63.41 $2,282.76 $62.647 16 RC,Model#F50561212RC $ 2,255.29 Total $221,503.35 $222,699.63 $ 220,321.13 mUs c.� �o w A SUPPLY AGREEMENT NO. 1519 U Non-Shear Flexible Couplings yaeaoRp 1852 THIS Non-Shear Flexible Couplings Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Ferguson Enterprises, Inc. ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Non-Shear Flexible Couplings in response to Request for Bid No. 1519 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Non-Shear Flexible Couplings in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 36 months. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $220,321 .13, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Name: Robert Presnell Department: Finance - Warehouse Phone: (361 ) 826-1750 Email: RobertPRCCCtexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. (A) The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Robert Presnell Title: Stores Supervisor Address: 5352 Ayers Street Bldg.6, Corpus Christi, TX 78415 Phone; (361 ) 826-1750 Fax: (361 ) 826-1690 IF TO SUPPLIER: Ferguson Enterprises, Inc. Attn: Bryan Steele Title: Sales Manager Address: 221 Junior Beck Dr., Corpus Christi, Texas 78405 Phone: (361 ) 289-1977 Fax: (361 ) 289-1968 17. SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Supplier's bid response (Exhibit 2). 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel, and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Supplier verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 SUPPLIER Signature: Printed Name. lam Title: Dater i CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l: RFB No. 1519 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to legal Form 12/15/17 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Supplier shall provide non-shear flexible couplings for the City's Warehouse as outlined in this Scope of Work. The non-shear flexible couplings are used by the Water and Wastewater Departments to splice and repair existing utility lines, pipe repair and new construction projects located throughout the City. 1.2 Scope of Work A. The Supplier shall provide non-shear flexible couplings, as outlined on the bid/pricing schedule. This specification covers various couplings used by the City. The products listed in this specification will be used to restock the Warehouse Department. B. Applicable Specifications: ANSI/NSF 61, ASTM A536, ASTM A325, ASTM A563 or AWWA Cl 11 , ASTM A307, stainless steel series 300, ASTM C564, ASTM A167, ASTM C1173, ASTM A240, ASTM C425. Certification of compliance with ANSI/NSF is not required for wastewater couplings. C. Functional and Performance Requirements: Non-Shear Flexible Couplings - Wastewater Systems (Mission Rubber Co. MR-ARC or Fernco 5000 RC Series Only) Couplings are for joining various combinations of vitrified clay sewer pipe and/or schedule 40 PVC pipe in underground drainage and sewer piping systems. Couplings shall meet requirements of ASTM Cl 173-91 , Type A. Couplings to have shear ring and center stop. Tension bands and exterior shear rings shall be constructed of 300 series stainless steel and conform to ASTM A240. Couplings designed for different sized pipe joints (e.g., clay x pvc) shall be of concentric, single piece (exclusive of shear ring and tension bands) construction. They shall not use separate, loose, inserts (bushings) to size the small diameter end. D.The Supplier will cross reference the City's stock number listed on the bid sheet. The City agrees not to change the stock numbers assigned to each item for the duration of the contract. 1.3 Contractor Quality Control and Superintendence All non-shear flexible couplings will be defect free, properly packed and shipped to ensure a safe delivery. 1.4 Delivery 1 . Supplier shall ship the materials in a specified time frame dictated by the Department Requestor to: City's Warehouse located at 5352 Ayers St. Building 6, Corpus Christi, Texas 78415. 2. All contract prices are F.O.B destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. 3. Receipt of products that do not conform will not be accepted by the City. 4. Supplier shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. Supplier must arrange for the return shipment of damaged products. 5. Supplier understands and agrees that the City may, at its discretion, cancel any backorders due to the Supplier's inability to deliver the product within the set time frame. 6. Cancellations shall be in writing and sent to Supplier by email, fax or mail. 7. No restocking fee or payment of any kind shall be owed for orders cancelled due to Supplier's inability to meet the deadline delivery date. Attachment B - Bid/Pricing Schedule SC CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1519 CORPOR AI 1852 Non-Shear Flexible Couplings PAGE 1 OF 2 Date: 03-20-2018 Authorized Bidder: FERGUSON Signature: 1. Refer to "Instructions to Bidders" and Contract Terms al�ff�oncfltions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. 4. Bidders must not write over or revise the bid form. Bidders will be considered Non- Responsive if the bid form is modified. Item City Stock Description UNIT 3yr- Unit Price Total No. Qty. Price I City Stock No. 3 Cl PVC x 3 Cl PVC Coup RC, 1817 Model # F105633 RC EA 81 $ 10.919 $ 884.44 2 City Stock No. 4 Clay x 3 Cl PVC COUP RC, 1818 Model # F500243RC EA 36 $ 22.112 $ 796.03 3 City Stock No. 4 Cl PVC x 4 C1 PVC Coup RC, 1819 Model # F505644RC EA 2,595 $ 14.340 $ 37 ,12.30 4 City Stock No. 4 Clay x 4 S40 PVC Coup RC 1820 Model #F500244RC EA 2,859 $21.031 $60R27.63 5 City Stock No. 6 Clay x 6 S40 PVC Coup RC, 1826 Model #F500266RC EA 1,152 $ 35.664 $ 41@84.93 6 City Stock No. 6 Clay x 6 Clay Coup RC, 1827 Model # F500166RC EA 6 $27.327 $16-3.96 7 City Stock No. 6 Cl PVC x 6 PVC Coup RC, 1828 Model #F505666RC EA 528 $26.768 $ 14833.50 8 City Stock 8 Cl PVC x 8 Cl PVC COUP No.1829 RC, Model #F505688RC EA 408 $ 39.343 $ 1051.94 9 City Stock No. 8 Clay x 8 Clay Coup RC, 1830 Model# F500188RC EA 6 $39.343 $236.06 10 City Stock No. 8 Clay x 8 Cl PVC Coup RC, 1831 Model #F500288RC EA 714 $40.573 $2869.12 11 City Stock No. 10 Cl PVC x 10 Cl PVC Coup 1832 RC, Model # F50561010RC EA 36 $ 51.699 $ 1M61.16 12 City Stock No. 10 Clay x 10 Cl PVC Coup RC, 1833 Model #F50021010RC EA 72 $ 51.699 $32'22.33 13 City Stock No. 15 Clay x 15 Cl PVC Coup RC, 4560 Model #F50021215RC EA 36 $ 186.488 $6113.57 14 City Stock No. 15 Cl PVC x 15 Cl PVC Coup 4561 RC, Model #F50561515RC EA 36 $ 107.044 $3M53.58 15 City Stock No. 12 Clay x 12 Cl PVC Coup RC, 4565 Model #F50021212RC EA 36 $62.647 $2855.269 16 City Stock No. 12 Cl PVC X 12 PVC Coup RC, 4583 Model #F50561212RC EA 36 $62.647 $ 2855.29 Total $220921.13 Attachment C - Insurance Requirements CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager.The City must be listed as an additional insured on the General liability policy by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material change or termination required on all Per occurrence - aggregate certificates and policies. COMMERCIAL GENERAL LIABILITY including: $1,000,000 Per Occurrence $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 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that,with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2017 Insurance Requirements Purchasing Order and Delivery of Goods 10/27/2017 sw Risk Management Attachment D - Warranty Requirements lnc= TERMS All prices shown are Trade/List,stated in U.S. currency and subject to change without notice. MINIMUM INVOICE-None. PAYMENT TERMS-1% 10th prox. Net 30 days unless otherwise stated. FREIGHT TERMS-Prepaid and allowed on net orders of$750.00 or more unless otherwise stated. All others will be prepaid and billed. Claims for loss or damage must be filed with the freight carrier. SALES POLICY-Fernco products are available to any legitimate wholesaler, pipe manufacturer or distributor with approved credit. RETURN POLICY-All returns must be preceded by factory authorization. Minimum 15%restocking charge will apply to all standard Fernco products.All materials returned to Fernco should be in original cartons and be in resaleable condition.This amount is subject to change depending on condition of items returned to Fernco. Fernco Custom Parts are Non-Returnable. Freight must be prepaid on all return shipments. Returns will not be allowed after 90 days of invoice date. LIMITED WARRANTY: Fernco warrants its product(s)against all defects in workmanship or materials for a period of one(1)year from date of original purchase(unless a shorter period is expressly provided with respect to a particular product). Fernco's total liability under any warranty,or any other claim arising in any way from the product or its use, is limited,at Fernco's option,to refund or replacement of any such product returned to Fernco within the one-year warranty period and determined by Fernco to be defective.To the extent permitted by law, Fernco disclaims and excludes any and all other warranties,express or implied,including without limitation any implied warranty of merchantability or fitness for a particular purpose,and in no event shall Fernco be liable for special,incidental or consequential damages. Failure to follow the installation instructions provided by Fernco will void this any warranty.To make a warranty claim, purchaser should have the original receipt and contact Fernco, Inc., Customer Service Department,810 653-9626. Purchaser is responsible for any shipping charges. If state law preserves implied warranties of merchantability and fitness for a particular purpose,such warranties are limited to one- year from the date of the original purchase and as otherwise set forth above. Some states do not allow limitations on how long an implied warranty lasts,or the exclusion of incidental or consequential damages,so such limitation(s)or exclusion(s)may not apply to you.This written warranty gives you specific legal rights,and you may also have other rights which vary from state to state. IS00990�01 00 S.D. Davison, muS c� w �a o F v AGENDA MEMORANDUM NCppPppp{Ea Future Item for the City Council Meeting of April 24, 2018 1852 Action Item for the City Council Meeting May 8, 2018 DATE: April 24, 2018 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive Director of Utilities Dane(acctexas.com (361) 826-1718 E. Jay Ellington, Direct of Parks and Recreation Department JayEll(aD.cctexas.com (361) 826-3464 Kim Baker, Assistant Director of Financial Services — Purchasing Division KimB2 a)..cctexas.com (361) 826-3169 Calcium Hypochlorite Supply Agreement CAPTION: Motion authorizing a three-year supply agreement with Chemrite, Inc. of Buford, Georgia for calcium hypochlorite for a total amount not to exceed $169,096.20. PURPOSE: This is a motion to approve a supply agreement for calcium hypochlorite to be stocked by the City Warehouse for various City departments. BACKGROUND AND FINDINGS: Calcium hypochlorite is used by various departments. Wastewater treatment plants and O.N. Stevens Water Treatment Plant use this product to clean storage tanks and filter cleaning and Parks and Recreation Aquatic Division utilizes this product to clean and disinfect area public pools. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received two responsive, responsible bids, and one non-responsive bid and is recommending the award to the lowest responsive, responsible bidder, Chemrite Inc. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Finance FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $2,800,195.15 $98,639.45 $2,898,834.60 Encumbered / Expended Amount $622,047.04 $0 $622,047.04 This item $70,456.75 $98,639.45 $169,096.20 BALANCE $2,107,691 .36 $0 $2,107,691.36 Fund(s): Stores Comments: The initial contract is for an amount not to exceed $169,096.20 for three years, with an estimated expenditure of $70,456.75 funded in FY2017-18. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement City of Corpus Christi Bid Tabulation Purchasing Division RFB No.1452 Buyer:Cynthia Perez Calcium Hypochlorite Brenntag Southwest,Inc. Chemrite,Inc. Interpool,Inc. Lancaster,TX Buford,GA San Antonio,TX Item Description Unit QTY Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 City Stock No.2093-Calcium Hypochlorite EA 1,116 No Bid No Bid $11.95 $13,336.20 12.32 $ 13,749.12 65%Granular,5#Bucket 2 City Stock No.2094-Calcium Hypochlorite EA 1,320 $165.00 $217,800.00 $118.00 $155,760.00 146.11 $ 192,865.20 65%Granular,100#Drum Non-Responsive $169,096.20 $ 206,614.32 Vendor did not bid on all items. mUs c.� �o w A SUPPLY AGREEMENT NO. 1452 U Calcium Hypochlorite yaeaoRp 1852 THIS Calcium Hypochlorite Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Chemrite, Inc. ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Calcium Hypochlorite in response to Request for Bid No. 1452 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Calcium Hypochlorite in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 36 months. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed 169,096.20, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Name: Robert Presnell Department: Finance - Warehouse Phone: (361 ) 826-1750 Email: RobertPRCCCtexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. (A) The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Robert Presnell Title: Stores Supervisor Address: 5352 Ayers Street Bldg. 6, Corpus Christi, TX 78415 Phone: (361 ) 826-1750 Fax: (361 ) 826-1690 IF TO SUPPLIER: Chemrite, Inc. Attn: Frank J. Opp Title: President Address: 5202 Belle Wood Court, Ste. 104, Buford, GA 30518 Phone: (877) 248-0017 Fax: (770) 271-4068 17. SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Supplier's bid response (Exhibit 2). 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel, and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Supplier verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 SUPPLIER Signature: Printed Name: ✓® Title: Vic-0, Date: -(*3/i CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 1452 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Supplier shall provide Calcium Hypochlorite for the City's Warehouse as outlined in this Scope of Work. The calcium hypochlorite is used by the Utilities Department for new service and maintenance of water and waste water lines. 1.2 Scope of Work A. The Supplier shall provide calcium hypochlorite. This specification covers two items used by the City. The products listed in this specification will be used to restock the City's Warehouse. B. The Supplier will cross reference the City's stock numbers. The City agrees not to change the stock numbers assigned to each item for the duration of the contract. C. Product; Calcium Hypochlorite Granular, Chemical Family; Hypochlorite. Formula, not applicable/mixture, CAS Number: 7778-54-3. Synonyms: Clor Mor, Cal Hypo Granules; Calcium Oxychloride, Cal Shock. Calcium Hypochlorite, Other 320, Available Chlorine 650. Any of these listed or approved equivalent. 1.3 Contractor Quality Control and Superintendence The calcium hypochlorite shall be defect free, properly packed and shipped to ensure a safe delivery. 1.4 Delivery 1 . Supplier shall ship the materials in a specified time frame dictated by the Department Requestor to: City's Warehouse located at 5352 Ayers St. Building 6, Corpus Christi, Texas 78415. 2. All contract prices are F.O.B destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. 3. Receipt of products that do not conform will not be accepted by the City. 4. Supplier shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. Supplier must arrange for the return shipment of damaged products. 5. Supplier understands and agrees that the City may, at its discretion, cancel any backorders due to the Supplier's inability to deliver the product within the set time frame. 6. Cancellations shall be in writing and sent to Supplier by email, fax or mail. 7. No restocking fee or payment of any kind shall be owed for orders cancelled due to Supplier's inability to meet the deadline delivery date. Attachment B - Bid/Pricing Schedule o,�us c coop CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1452 PON / 2852 Calcium Hypochlorite PAGE 1 Date: 3/12/2018 I Authorized Bidder: Chemrite, Inc. Signature: 1 1. Refer to Instructions to Bidders and Contract Terms and Conditio efore completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. 4. Bidders must not write over or revise the bid form. Bidders will be considered Non- Responsive if the bid form is modified. Item City Stock Description UNIT 3yr- Unit Price Total Price No. Qty- 1 City Stock Calcium Hypochlorite, No. 2093 65% Granular, 5# Bucket EA 1,116 $ 11.95 $ 13,336.20 City Stock Calcium Hypochlorite, 2 No. 2094 65% Granular, 100# Drum EA 1,320 $ 118.00 $ 155, 760.00 Total 169,096.20 Attachment C - Insurance Requirements CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager.The City must be listed as an additional insured on the General liability policy by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material change or termination required on all Per occurrence - aggregate certificates and policies. COMMERCIAL GENERAL LIABILITY including: $1,000,000 Per Occurrence $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 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that,with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2017 Insurance Requirements Purchasing Order and Delivery of Goods 10/27/2017 sw Risk Management Attachment D - Warranty Requirement ChOMPRO Chemical Treatment, Equipment & Filtration 5202 Belle Wood Court•Suite 104•Buford,GA.30518 A77.240.0017ph 770.271.406G fax www.chemrite.com March 28, 2018 City of Corpus Christi ATTN: Cynthia Perez 1201 Leopard Street 4th Floor Purchasing Corpus Christi,TX. 78401 RE: Calcium Hypochlorite RFB 1452 and Chemrite,Inc. Ms. Perez, The warranty is based upon shelf life for the calcium hypochlorite. Calcium hypochlorite usually has a shelf life of 12 months. If we need to submit any further information,please feel free to contact me. Regards, Anne Torrez Office Manager Anne@chemrite.com 770-271-5576 SC o� Va. U NOORP08 IEO AGENDA MEMORANDUM 1852 City Council Meeting of April 24, 2018 DATE: April 19, 2018 TO: Margie C. Rose, City Manager FROM: Keith Selman, Assistant City Manager Keithse@cctexas.com (361) 826-3232 Community First Village OUTSIDE PRESENTERja Name Title/Position Organization 1. John Reed Student Texas A&M University— Corpus Christi 2. Robert Tepera Student Texas A&M University— Corpus Christi BACKGROUND: This presentation will discuss the evaluation of the Community First Village in Austin, Texas. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Community First Village I/I/IllIIIllllllllll/I111111/1►IIIIIIIIIIIlIl1/111/1/I11111111/Illlllllll/Ill/1111 COMM NIT F1 T I [ AG [ I' g`® MOBILE LOAVES&FISHES T10 Miracles on Wheels IIIIll1111111I1/Ill/IIIIIIII//IIlIlI11/IIII/I1111/111111111IllIIIII►//IIIIIIIIIIIIll1 Table of Contents • Definition of Chronically Homeless individuals • What is Community First Village? • Analyzing the Residents of Community First! Difference between a household & a "HOME" Debunking the "Homeless Camp" Myths What's so Special about Community First? • Main Questions that need to be answered • Resident Care & Property Management IIIIll1111111I1/Ill/IIIIIIII//IIlIlI11/IIII/I1111/111111111IllIIIII►//IIIIIIIIIIIIll1 Definition of Chronically Homeless individuals • An individual who: • Is homeless and lives in a place not meant for human habitation, a safe haven, or in an emergency shelter; and • Has been homeless and living or residing in a place not meant for human habitation, a safe haven, or in an emergency shelter continuously for at least one year • Can be diagnosed with one or more of the following conditions: substance use disorder, serious mental illness, developmental disability, post traumatic stress disorder, cognitive impairments resulting from brain injury, or chronic physical illness or disability 77!M IIIIll1111111I1/Ill/IIIIIIII//IIlIlI11/IIII/I1111/111111111IllIIIII►//IIIIIIIIIIIIll1 What is Community First Village? • Faith Based & Driven project to reduce (not eliminate) suffering in the chronically homeless community within the Austin Metropolitan Community. A • $17.5 Million Community sitting on 27 acres of land outside Austin City Limits but within the ETJ (Extra Territorial Jurisdiction) = Reduced Zoning / • RV Park / Tiny Home & Canvas Sided Canopy Village / o.� , Very Successful Bed & Breakfast & Community Market open to the public • Runs on generous donations, NO government mone & 4k ® MOBILE LOAVES & FISHES y �P Miracles on Wheels Volunteers a Year � � 1111`111 ,. �• r ► OWNS Im ♦ . i r • ► ' ■ PROGRAM BUILDINGS ,* ■ ; �� �' �, � �'� � ' ��. ■ RESTROOMS B LAUNDRY '' \1��.. �} �: , ;. ■ OUTDOOR KITCXENS / CCV ■ RV NOMESRES . ■ CANVAS 5 DED COTTAG ES 41# - AREAS OF INTEREST . ., .. . Is COMMUNITY INN SVITE5 ■ COMMUNITY GRILLES ��. L ' • ■ IIIIll1111111I1/Ill/IIIIIIII//IIlIlI11/IIII/I1111/111111111IllIIIII►//IIIIIIIIIIIIll1 Analyzing the Residents • Very Curious but Shy • "Looking IN from the OUTSIDE" • Mentally or Physically Disabled (Chronic) • Severe Social Anxiety w • Love to Give, Love to Share • Little Ambition for Saving $ • Discrimination Still Exists (LGBTQ, Race, etc.) • Want to Re-Establish Trust with the Public "Police" Each other to Maintain Order • Emotionally bound to animals • Adhere to different social norms IIIIll1111111I1/Ill/IIIIIIII//IIlIlI11/IIII/I1111/111111111IllIIIII►//IIIIIIIIIIIIll1 What makes a home, "HOME" • Be Fully & Wholly Loved & Valued: • Forced Interaction • Belonging to Community • Orientation to living with others • Affection of new friends/neighbors WELCOME "Home embodies a lifestyle full of Christ." M IIIIllI111111I1/I111IllIIIlI11111I1I11IlIlI/I1111/111111111IllIIIII►//IIIIIIIIIIIIll1 Debunking the Homeless Camp Myth • "Great White Hope" of fixing problems • Trying to place a Band-Aid on a bleeding problem in our nation • Foster communication in diverse communities - • Financial cultures of people's environment Fun Fact: Cars are donated to CFV and are sold cheap to residents at Oho Interest for 12 months. If they are "team players" then the rest of the payments disappear! IIIIll1111111I1/Ill/IIIIIIII//IIlIlI11/IIII/I1111/111111111IllIIIII►//IIIIIIIIIIIIll1 What's so Special about Community First? • Mission Statement • Empowering communities into a NFL life of service with the homeless • This is a community that knows that the poor need the rich who are rich in material blessings. This community also knows that the rich need the poor who are often rich in spirit. IIIIll1111111I1/Ill/IIIIIIII//IIlIlI11/IIII/I1111/111111111IllIIIII►//IIIIIIIIIIIIll1 Main Questions to be answered • Who is going to be admitted into the community? • How do we determine who is eligible/qualified to have a home? • What is the common/typical size and cost of rent for a home? • Is the housing temporary or permanent? If temporary, how long? • How much is the average cost of a tiny home? & who is financing it? Q40 • Where would the location of the homes be? Ae • Facilities for restrooms, laundry rooms, kitchens, etc. • How is security implemented? Established rules, regulations, etc. IIIIll1111111I1/Ill/IIIIIIII//IIlIlI11/IIII/I1111/111111111IllIIIII►//IIIIIIIIIIIIll1 Who can be admitted into the village? • Community First (CV) focuses on the single male & female who are determined to be Chronically Homeless • People who typically receive the "short end of the stick" • Felons are not prohibited from applying and living in the community • "20%" Percentage Scale • Missional no • Frequent Flyers 1W • Veterans • Most Chronic • Least Chronic IIIIll1111111I1/Ill/IIIIIIII//IIlIlI11/IIII/I1111/111111111IllIIIII►//IIIIIIIIIIIIll1 Eligibility Requirements How are people eligible? Walk-in Assessments are available at the following locations: • All residents are required to Sandra Goo8mfl Trinity Center complete the Coordinated Centrt Dr a . ] 3 Assessment Intake 1705 E 1 Ith St, 1015 Norwood Park Blvd 2901 Montopolis Dr G4 E 7th St, Austin,TX 78702 Austin,TX 78753 Austin,TX 78741 Austin,TX 78701 • Provide fingerprints for FBI check Hours Hours Hou rs Hours • Agree to a Criminal Background Check • Require proof of homelessness for at least one year within the Austin metropolitan area IIIIll1111111I1/Ill/IIIIIIII//IIlIlI11/IIII/I1111/111111111IllIIIII►//IIIIIIIIIIIIll1 Qualifying Criteria • Qualify through the Coordinated • Agree to comply with the housing Assessment Process contract as well as the rules and • Be at least 18 years of age regulations of the Community First Village • Provide valid government ID or fingerprint • Complete a resident release and consent documentation form • Provide a valid social security card or • Provide documentation of homelessness in proof thereof the Travis County area for at least one year, if applicable: • Provide gross income documentation Certification letters from an emergency sufficient to pay rent shelter for the homeless • Meet the Criminal History requirements of Certification letters from a homeless service the community provider or outreach worker • Certification letters from any other health or human service provider IIIIll1111111I1/Ill/IIIIIIII//IIlIlI11/IIII/I1111/111111111IllIIIII►//IIIIIIIIIIIIll1 Community First Housing Options Canvas Sided Cottages Micro - Homes Family Homes 4_ IIIIll1111111I1/Ill/IIIIIIII//IIlIlI11/IIII/I1111/111111111IllIIIII►/►►IIIIIIIII/Il/I Costs & Maintenance • Avg. Square ft. of Homes: * ► - • 180 for Tiny Homes P` ►,_,,� • 325 for RV • Avg. Cost of Homes: • Tiny Homes:Mostly Free! • Canvas Tents:$2,500 • North American RV's:$27,000 R l • Avg. Rent for Homes: j • TH: $225-$375/monthly [° • RV: $380-$430/monthly • Depending on Luxury of home/ry 1 • Avg. Cost of Utilities: ' • Depends on Usage /Added to Rent • Financed by: Home Depot/ McCoy's Lumber/ Donation IIIIll1111111I1/Ill/IIIIIIII//IIlIlI11/IIII/I1111/111111111IllIIIII►//IIIIIIIIIIIIll1 Amenities • Innovative mix of affordable housing options • Micro-Homes and Canvas Cottages are designed for one adult usage • Families that are chronically homeless may live in RVs or Park Homes • Medical Facility for health screenings, hospice and respite care i • Community market / cinema / garden /workshop / barbershop / art studio / park / bike repair shop / veterinary services • Bed & Breakfast for Overnight Visits • Capital Metro Bus Stop A A • Wi - Fi throughout the community .L_� IIIIll1111111I1/Ill/IIIIIIII//IIlIlI11/IIII/I1111/111111111IllIIIII►//IIIIIIIIIIIIll1 Income Requirements • Monthly income from all sources • Summary of Household Income must be sufficient to pay rental data required amount for the unit (1 .5x the tenant . Resident must agree and consent portion of the rent) to the release of personal • If receiving information regarding income entitlements/pensions/rental • Income Recertification: subsidy, applicant must provide current, updated documentation Resident gross income is subject to annual recertification. Failure to meet this requirement may lead to termination of their housing contract IIIIll1111111I1/Ill/IIIIIIII//IIlIlI11/IIII/I1111/111111111IllIIIII►//IIIIIIIIIIIIll1 Utilities & Facilities • Monthly rental amount includes: electricity for the micro- homes and canvas cottages • RV and Personal home rental rates include the RV / PH itself, pad site, &water. Electricity and propone is paid for by the resident • There are separate facilities for toilets, showers, laundry and outdoor kitchens. Focal points for community interaction! • Full Time Drug Rehab Facility but NO mandatory drug testing or medical screening need prior to move in a _. IIIIll1111111I1/Ill/IIIIIIII//IIlIlI11/IIII/I1111/111111111IllIIIII►//IIIIIIIIIIIIll1 Rules and Regulations • Very Little Crime: No Tolerance for • EVERYBODY PAYS RENT Violence within the community & "Grace and Mercy" Rule for those • Mainly just verbal altercations and who are late on paying rent disputes that get settled • After exhausting all resources, • Community polices each other people can and will be evicted • Rules of etiquette from their dwelling. • Only 2 people have been evicted • Zero Tolerance for Violence, in 3 years! Public Drug use & Weapons IIIIll1111111I1/Ill/IIIIIIII//IIlIlI11/IIII/I1111/111111111IllIIIII►//IIIIIIIIIIIIll1 Resident Care & Property Management • Create and Provide an exciting Activities include: place for their neighbors to live in • Yoga Classes • Everything is fully furnished and • AA Meetings brand new • Holiday Dinners • Residents are able to decorate • Game Tournaments and beautify their own homes to • Mental Health Workshops give a sense of belonging • Birthday Dinners and Cards IIIIll1111111I1/Ill/IIIIIIII//IIlIlI11/IIII/I1111/111111111IllIIIII►//IIIIIIIIIIIIll1 Continued. . . • Home Health Inspections • Getting residents used to living self-sufficiently and giving them to dignity to do so • Ensuring vital resources are available to the residents • Providing a strong support system 24/7 regardless of anything IIIIll1111111I1/Ill/IIIIIIII//IIlIlI11/IIII/I1111/111111111IllIIIII►//IIIIIIIIIIIIll1 CONCLUSION • Be Patient, it takes years to • Relieve the suffer by pursuing the cure develop and for people to get on . Just say YES, let the community follow board with these things • Continued Persistence • Fight through Adversity • Believe in YOUR mission • Come on, Community! • Trust the Process Semper IIIIll1111111I1/Ill/IIIIIIII//IIlIlI11/IIII/I1111/111111111IllIIIII►//IIIIIIIIIIIIll1 More Questions? Feel free to contact us • John Reed • Robert Tepera • 361 -945-5183 - 912-271 -4803 • jreed8@islander.tamucc.edu • rtepera@islander.tamucc.edu y777z 'ti'